Implicit Bias and Capital Decision-Making: Using Narrative to Counter Prejudicial Psychiatric Labels

Authors

Sean D. O'BrienFollow
Kathleen Wayland

Abstract

The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.

Recommended Citation

O'Brien, Sean D. and Wayland, Kathleen (2015) "Implicit Bias and Capital Decision-Making: Using Narrative to Counter Prejudicial Psychiatric Labels," Hofstra Law Review: Vol. 43: Iss. 3, Article 6.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol43/iss3/6