John M. Darley’s research while affiliated with Flinders University and other places

... While hostile emotions-such as anger or disgust-predict harsher, punitive attitudes toward others, empathic emotions-such as sympathy or compassion-instead predict the motive to benefit others who are more vulnerable, disadvantaged, suffering, and in need or pain than the self (Batson et al., 1995;Carlsmith & Darley, 2002;Darley et al., 2000;Eisenberg et al., 1989;Goetz et al., 2010;Goetz & Peng, 2019;Haidt, 2003;Horberg et al., 2009;Malti et al., 2013;Oveis et al., 2010;Piff & Moskowitz, 2017;Sontag, 2003). In our Study 7, where we analyzed people's emotions related to the housing crisis, we expected individuals of higher (vs. ...

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The Inequality Bias, Economic System Justification, and Reactions (Emotional and Attributional) to the Housing Crisis

... 111 It is more realistic to expect profit-stripping relief to exert a chilling influence on potential wrongdoers where the infringement in question typically takes place in a commercial context, where those whose behaviour the law is seeking to influence are liable to be well-informed 'repeat players' who can be expected to have some conception of the sanction for a breach and are likely to be relatively calculating in their conduct. 112 In some contexts, carelessness may be an appropriate standard of liability for accounts of profits if the parties act so frequently that they are likely to respond to such a threshold by putting in place systems designed to prevent such infringements. Outside commercial contexts, however, it is not clear that accounts of profits will be effective in deterring even intentional breaches. ...

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Deterrence as a Justification for Awarding Accounts of Profits

... However, the question of the extent to which these results shed light on the legal doctrine of ignorance of law is complicated. Whereas there are many argument on why legal concepts and institutions (especially in the context of criminal law) should be responsive to lay judgments and intuitions (Robinson and Darley 1995), they are ultimately shaped by the choices of legal officials. The relation between lay and legal concepts is a complex one (Tobia 2024) and typically requires at least some evidence obtained from expert samples, This is another avenue for further research. ...

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Ignorance of law does not excuse A new empirical account

... The normative power of international criminal law extends beyond the confines of courtroom proceedings (Mann, 1993;Munetz & Griffin, 2006;Robinson & Darley, 2017). Those targeted by international criminal law are labeled as enemies of humanity, while those who align themselves with the enforcement of this law can present themselves as champions of humanity. ...

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Re-imagining Criminal Justice: The Ethical Fusion of Substantive Law and Procedural Law

... Ascriptions of intentionality may directly influence willingness to help victims because people perceive deliberate harm as causing more damage (Darley & Huff, 1990) and even leading to the experience of more pain (Gray & Wegner, 2008) than equivalent but unintentional harm. Even perceived negligence may have this effect, as suggested by people's equal willingness to award damages to plaintiffs who are intentionally harmed, and plaintiffs who were merely exposed to a minimal (3%), and ancillary risk of harm (Mueller et al., 2011). ...

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Responsibility, Intent, and Donor Behavior: Commentary on Who Helps Natural‐Disaster Victims? Assessment of Trait and Situational Predictors

... Baron and Sullivan (2018) describe that emerging behavioral science evidence suggests that individuals with a history of trauma have diminished control over their processing of and reactions towards an array of environmental stimuli, including reactions that could potentially result in criminal behavior (Baron & Sullivan, 2018). Yet, the U.S. public and legal professionals have both expressed concerns that a history of trauma and other risk factors gained through early life experiences could be used to excuse criminal behavior (Berryessa, 2017b;Heath et al., 2003;State v. Mitchell, 2021). In their review of case law and relevant literature, Yacoub and Briggs (2022) argue that there is a need to clarify the role of disorders such as PTSD in criminal codes, so as to enable courts to make more accurate and rational decisions when faced with defendants who may lack criminal culpability due to the impacts of traumatic experiences (Yacoub & Briggs, 2022). ...

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Bio-behavioral scientific evidence alters judges' sentencing decision-making: A quantitative analysis

... Tonry (2022) has pointed out that incarceration rates are significantly higher and lengths of prison sentences are significantly longer in the United States than in most countries in Europe. However, Kugler et al (2013) compared punitiveness across samples of people from three countries (the U.S., Canada, and Germany) and found that Americans were only slightly more punitive than Germans, although they generally were not significantly different from Canadians. ...

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Inequality in Incarceration of Foreign Citizens Between Western Europe and Anglosphere Countries: Implications for Supporting Equitable Criminal Justice Systems.

... Two key issues are considered here, the costs incidental to a well designated enforcement regime and the degree of certainty of the punishment and how severe it is (Julian Ku & Nzelibe, 2006). Certainty here, connotes the likelihood of a criminal being arrested, tried and convicted (Robinson & Darley, 2004). Durlauf and Nagin (2011), have suggested that, crime deterrence has been the main argument within the criminal law and that for an efficient criminal law reform having an appropriate sanctioning regime deters crimes from being committed. ...

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Crime and Punishment in Ghana: The Need for Security Sector Reforms

... Nevertheless, empirical research has shown that deterrence is irrelevant to many 'irrational' or 'impulsive' offences. 70 As for other crimes, it is more the reiteration of legal norms themselves, as well as the certainty and the speed of reactions, rather than the length or the condition of imprisonments that reduce offending rates. 71 Under the human rights regime, 'deterrence', as a legitimate penological ground for 'punitive detention', is usually connected to the ground of 'retribution'. ...

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Preventive detention of dangerous inmates: a dialogue between human rights and penal regimes

... Additionally, the social well-being of employees provides opportunities for interpersonal relationships and involves treating employees with varying degrees of fairness (Kramer & Tyler, 1996). Finally, if HRM fosters employee well-being, it ultimately results in improved operational and financial performance of an organization (Van De Voorde et al., 2012). ...

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Employee experience and well-being at work - from theoretical considerations to practical investigations