Prior convictions, conduct and disposition
A scientific perspective
Bibliographic Data
| ID | 14971196 |
|---|---|
| Authors | Peter Robinson (0000-0003-2833-8030, Central Queensland University, corresponding author), Peter M Robinson (0000-0002-8516-9758) |
| Year | 2016 |
| Volume | 25 |
| Issue | 2 |
| Pages | 197-222 |
| Publication date | 2016-04-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2016.1168908 |
| OpenAlex | W2399321898 |
| Language | EN |
| Citations received | 1 |
| References cited | 39 |
The use of prior conduct and convictions in criminal proceedings has been a controversial issue for over a hundred years. Rarely does a year go by without another call from lawmakers or prominent citizens for prior convictions and ‘history’ to be made available to tribunals to resolve issues of guilt. Yet the debate seems to have reached an impasse, with the proponents of either side facing off at 20 paces, armed only with the familiar arguments that have failed to prevail in the past. The lack of resolution in the debate suggests that it needs to be reframed. The present article proposes a perspective based on broader scientific methodology, analysing factual decisions in a criminal trial as a form of probabilistic argument. The psychology of probabilistic reasoning is examined with a focus on the effect of attributional information on judgments of probability. The logical structures of factual reasoning about disposition, tendency, similar facts and coincidence are then put under the microscope to expose some new arguments, some weaknesses in old arguments, and some quantitative relations that affect probability judgments in this area
Argument (complex analysis · Disposition · Epistemology · Focus (optics · Perspective (graphical · Political science · Probabilistic logic · Sociology · Computer Science · Decision-Making and Behavioral Economics · Jury Decision Making Processes · Law · Law, Economics, and Judicial Systems · Philosophy · Psychology · Social Psychology
Extensional versus intuitive reasoning
Reasoning the fast and frugal way
The base-rate fallacy in probability judgments
Representativeness Revisited
Trial by Mathematics
On the psychology of prediction.
Character in the Criminal Trial
Judging, Fast and Slow
Data Mining
Semantic coherence and fallacies in estimating joint probabilities
The Redux of Cognitive Consistency Theories
Integration of the cognitive and the psychodynamic unconscious
The coherence effect
Representativeness and conjoint probability
Explaining the evidence
Toward a synthesis of cognitive biases
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,13 |
| Citation span | 2018 - 2018 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |