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Emotions And Culpability How the Law Is at Odds With Psychology Jurors And Itself 1st Edition by Norman J Finkel,W Gerrod Parrott ISBN 1591474167 978-1591474166

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Emotions And Culpability How the Law Is at Odds With Psychology Jurors And Itself 1st Edition Norman J. Finkel Digital Instant Download

Author(s): Norman J. Finkel, Gerrod Parrott
ISBN(s): 9781591474166, 1591474167
Edition: 1
File Details: PDF, 17.85 MB
Year: 2006
Language: english
SKU: EB-1686554 Categories: , Tags: ,

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Product details: 

ISBN 10: 1591474167 

ISBN 13: 978-1591474166

Author: Norman J Finkel,W Gerrod Parrott

This book investigates why, when, and how ordinary human beings hold some individuals guilty of crimes, but others less so or not at all. Why, for example, do the emotions of the accused sometimes aggravate a murder, making it a heinous crime, whereas other emotions might mitigate that murder to manslaughter, excuse a killing (“by reason of insanity”), or even justify it (“by reason of self-defense”)? And what emotions on the part of jurors come into play as they arrive at their decisions? The authors argue persuasively that U.S. law is out of touch with the way that jurors’ “commonsense justice” works and the way they judge culpability. This disconnect has resulted in some inconsistent verdicts across different types of cases and thus has serious implications for whether the law will be respected and obeyed. Problems arise because criminal law has no unified theory of emotion and culpability, and legal scholars often seem to misunderstand or ignore what psychologists know about emotion. The authors skillfully show that the law’s culpability theories are (and must be) psychological at heart, and they propose ways in which psychology can help inform and support the law.

Table of contents: 

I. Defining the ground, and providing a psychological context for the emotions
When the law’s story of emotion and culpability is at odds with human nature
Within a normative law, can psychology’s place still be defended?
Emotions in folk psychology
Emotions in academic psychology: implications for culpability and the law
The emotional palette
II. Analyses and comparisons of the law’s emotion and culpability theories
Murder’s incongruities: criminal law from civil law, malice and emotions denuded, and where intent matters not
Manslaughter’s failing theories of mitigation: emotions bound by objective rules, or an unrestrained subjectivity?
Insanity I: the prototypic, yet problematic, excusing condition
Insanity II: its disconnect, defect of reason, and incapacity
Where self-defense’s justification blurs into excuse: a defensible theory, with fitting verdicts, for mistaken self-defense
III. Concluding thoughts: psychology’s informing function
Moving the law towards a coherent culpability story
A reformulation, and concluding recommendations references

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Tags: Norman J Finkel, W Gerrod Parrott, Emotions And Culpability, Law Is at Odds