Abstract

http://ssrn.com/abstract=1317830
 


 



It's Not Just What You Think But Also How You Think About it: The Effect of Situationally Primed Mindsets on Legal Judgments and Decision Making


Barbara O'Brien


Michigan State University - College of Law

Daphna Oyserman


University of Michigan

December, 18 2008

Marquette Law Review, Vol. 92, No. 1, 2008
MSU Legal Studies Research Paper No. 06-19

Abstract:     
Lawyers intuitively understand that individual differences matter for legal judgments and decision making, and that calling forth certain concepts can affect how people interpret and judge evidence. But they generally overlook the influence of mindset on those very same judgments - that is, they fail to consider how situational cues can prime a way of making sense of the world that affects how people perceive evidence and receive arguments. We present two studies demonstrating the effect of priming a particular type of mindset-a focus on either achieving success or avoiding failure - on attitudes about criminal justice policy and willingness to take action based on limited evidence in a criminal case. We then discuss other mindsets that are potentially relevant to legal judgments and decision making, offering hypotheses about their likely effects and highlighting the need for further empirical research.

Number of Pages in PDF File: 25

Keywords: psychology, priming, decision making, juries

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Date posted: December 18, 2008  

Suggested Citation

O'Brien, Barbara and Oyserman, Daphna, It's Not Just What You Think But Also How You Think About it: The Effect of Situationally Primed Mindsets on Legal Judgments and Decision Making (December, 18 2008). Marquette Law Review, Vol. 92, No. 1, 2008; MSU Legal Studies Research Paper No. 06-19. Available at SSRN: http://ssrn.com/abstract=1317830

Contact Information

Barbara O'Brien (Contact Author)
Michigan State University - College of Law ( email )
318 Law College Building
East Lansing, MI 48824-1300
United States
Daphna Oyserman
University of Michigan
701 Tappan St. Rm E2600
Ann Arbor, MI 48109
United States
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