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Norman G. Poythress Richard J. Bonnie Steven K. Hoge John Monahan Lois B. Oberlander 《Law and human behavior》1994,18(4):437-452
Three studies of attorney-client decision making were conducted in a public defender office. In studies 1 and 2 a structured interview was used to debrief attorneys regarding clients' participation in their cases. Study 1 examined a sample of 200 felony and misdemeanor cases selected prospectively and resolved by any means (92.5% by plea); study 2 examined 200 felony and misdemeanor cases resolved by trial. Study 3 involved debriefing both attroneys and clients regarding perceptions of client participation in 35 recently closed felony cases. Attorneys doubted the competence of 8%–15% of clients charged with felonies and 3%–8% of clients charged with misdemeanors. In cases involving clients of doubted competence, attorneys often responded by means other than referral to mental health professionals for competence evaluations. As compared with clients whose competence was presumed, attorneys tended to view clients whose competence was doubted as less helpful and as less actively involved in their cases, but as actively involved in making key decisions. Defendants' perceptions appeared to be roughly consistent with attorneys' perceptions, allaying concerns that attorneys' reports may be distorted in order to conform to expected norms. 相似文献
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Norman J. Finkel Stephen T. Maloney Monique Z. Valbuena Jennifer L. Groscup 《Law and human behavior》1995,19(6):593-608
Criminal law remains divided on the question of whether objectivity or subjectivity should be its dominant basis. Does liability begin with an objective act or harm, or with, subjective intent? In the first experiment, dealing with the conundrum of impossible act cases, the question is, Will respondents convict on subjective grounds (where intent to murder is clear), even when amanifest criminal act andharmful consequences are absent? The results show that they do convict, though their subjective preference moderates and even reverses with certain types of mistakes, or when thepotential harm, though not the actual harm, is perceived as high. In the second experiment, dealing with mistaken act and self-defense cases, the question is, Will subjectivity be determinative, or will respondents weigh objectivity more as the mistake gets more unreasonable? The results show that objectivity is weighed heavily, as fears of a plunge into subjective waters prove groundless Without legal guidelines, respondents navigate these conundrums by shifting their objective vs. subjective balance point, guided by good common sense. 相似文献
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Two questions have predominated policy discussions about theallocation of federal aid to rural local governments duringthe last two decades: whether rural areas were getting their"fair share" and whether the aid was appropriately targetedto deserving communities. An analysis of data for 19721983shows that although the position of rural governments apparentlyimproved during the 1970s, the gains were principally due tosharply increased loans to rural areas, while urban areas benefitedfrom increases in grants-in-aid. Conversely, the aid reductionsof the early 1980s, by cutting into loans, which are less valuablethan grants, appear to have hurt rural areas less than urbanareas. A modest amount of income-targeting in federal developmentfunds was evident in the early 1970s, but it deteriorated duringthe following decade. By 1983 counties with higher incomes andmore satisfactory levels of public services received higherlevels of aid than places that might have been considered moreneedy. While the reasons for the generally diminished targetingare not clear, several possibilities, including the increasingimportance of loans as a federal aid mechanism, are considered. 相似文献
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With facts and metaphors regarding differential functioning of our two hemispheres proliferating faster than our understanding, the potential for a new insanity defense to emerge to fit certain Jekylland-Hyde-like defendants clearly exits. And with psychologists of varying stripes entering the courtroom with greater frequency and in newer capacities, the dangers of entanglement and error grow. This paper analyzes a split-brain insanity defense on the grounds of legal, logical, psychological, and current neuropsychological evidence. In addition, the likelihood, import, and place of this defense in the historical context of insanity defenses is examined. The concept of personal responsibility, which has been both asserted and denied by experts in split-brain or split-psyche cases, is tried; and a closing summary to the jury is offered. 相似文献