Moral Disengagement in Legal Judgments

17 Pages Posted: 8 Nov 2017

See all articles by Tess M.S. Neal

Tess M.S. Neal

Arizona State University

Robert J. Cramer

Sam Houston State University

Date Written: December 2017

Abstract

We investigated the role of moral disengagement in a legally‐relevant judgment in this theoretically‐driven empirical analysis. Moral disengagement is a social‐cognitive phenomenon through which people reason their way toward harming others, presenting a useful framework for investigating legal judgments that often result in harming individuals for the good of society. We tested the role of moral disengagement in forensic psychologists’ willingness to conduct the most ethically questionable clinical task in the criminal justice system: competence for execution evaluations. Our hypothesis that moral disengagement would function as mediator of participants’ existing attitudes and their judgments—a theoretical “bridge” between attitudes and judgments—was robustly supported. Moral disengagement was key to understanding how psychologists decide to engage in competence for execution evaluations. We describe in detail the moral disengagement measure we used, including exploratory and confirmatory factor analyses across two separate samples. The four‐factor measure accounted for a total of 52.18 percent of the variance in the sample of forensic psychologists, and the model adequately fit the data in the entirely different sample of jurors in a confirmatory factor analysis. Despite the psychometric strengths of this moral disengagement measure, we describe the pros and cons of existing measures of moral disengagement. We outline future directions for moral disengagement research, especially in legal contexts.

Suggested Citation

Neal, Tess M.S. and Cramer, Robert J., Moral Disengagement in Legal Judgments (December 2017). Journal of Empirical Legal Studies, Vol. 14, Issue 4, pp. 745-761, 2017, Available at SSRN: https://ssrn.com/abstract=3067103 or http://dx.doi.org/10.1111/jels.12163

Tess M.S. Neal (Contact Author)

Arizona State University ( email )

4701 West Thunderbird Rd.
Mailcode 3051
Glendale, AZ 85306
United States
602-543-5680 (Phone)

HOME PAGE: http://psych-law.lab.asu.edu/

Robert J. Cramer

Sam Houston State University ( email )

1803 Ave I
Huntsville, TX 77341
United States

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