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Professional Judges’ Disbelief in Free Will Does Not Decrease Punishment

Oliver Genschow, Heinz Hawickhorst, Davide Rigoni, Ellen Aschermann, Marcel Braß

2020Social Psychological and Personality Science21 citationsDOIOpen Access PDF

Abstract

There is a debate in psychology and philosophy on the societal consequences of casting doubts about individuals’ belief in free will. Research suggests that experimentally reducing free will beliefs might affect how individuals evaluate others’ behavior. Past research has demonstrated that reduced free will beliefs decrease laypersons’ tendency toward retributive punishment. This finding has been used as an argument for the idea that promoting anti-free will viewpoints in the public media might have severe consequences for the legal system because it may move judges toward softer retributive punishments. However, actual implications for the legal system can only be drawn by investigating professional judges. In the present research, we investigated whether judges ( N = 87) are affected by reading anti-free will messages. The results demonstrate that although reading anti-free will texts reduces judges’ belief in free will, their recommended sentences are not influenced by their (manipulated) belief in free will.

Topics & Concepts

Punishment (psychology)Free willRetributive justicePsychologySocial psychologyViewpointsReading (process)Argument (complex analysis)Affect (linguistics)Economic JusticeLawEpistemologyBiochemistryPhilosophyCommunicationChemistryPolitical scienceVisual artsArtFree Will and AgencyPsychology of Moral and Emotional JudgmentPsychopathy, Forensic Psychiatry, Sexual Offending