Doctoral Dissertation Research: Felony Sentencing in Nevada and Heuristic Information Use in Legal Decision-making

Board Of Regents, Nshe, Obo University Of Nevada, Reno, Reno NV

Investigators

Abstract

The heuristic-systematic model of information processing (HSM, Chaiken, Liberman, & Eagly, 1989) posits that the way in which information is handled has consequences for how and what information is used to make decisions. According to this social psychological decision-making theory, information may be processed in an effortful, systematic way, in a more simplistic, heuristic fashion, or via a combination of both types of processing. The less effortful heuristic approach is assumed to be the default style of processing. Under certain conditions, however, people may be sufficiently motivated to expend additional effort and process information systematically. These motivations include: 1) Accuracy: characterized by an even-handed and objective evaluation of information; 2) Defense: information use is selective in support of existing beliefs, attitudes, and other personal attributes; and 3) Impression: the use of information is guided by a desire to express only socially acceptable positions. This dissertation research will apply this robust theory to legal decision-making in one specific context: felony sentencing. HSM will be used to examine dispositional outcomes (prison vs. probation), and the discretion judges exercise when determining how long an offender will remain behind bars (in the case of a prison sentence). Whether judges employ systematic or heuristic modes of processing (or both) will be empirically evaluated based on their motivations (described above), available heuristics, and patterns of information use, following the structure suggested by the HSM. The judicial motivations central to the empirical application of this theory will be explored through a survey of Nevada judges. The results of the survey will be associated with actual sentencing decisions rendered by those same judges in 2010 and offender information available in the pre-sentence investigation report. The findings of this study will aid our understanding of the factors that lead to felony sentencing decisions. The study will involve a collaboration between the researchers and the legal community, and the results will be disseminated to both academic and professional outlets. In addition, the findings may be used in the training of judges and other actors within the legal system.