The propensity to put greater emphasis on internal characteristics of the intention, agent or character instead of external factors is considered to be fundamental attribution error. This is also known as correspondence bias, attribution effect and similar terms.
This emphasis tends to be applied to legal situations in many cases. In tax law, intention is the most important aspect when dealing with tax evasion and other tax crimes. In criminal activity that includes the death or injury to others, the intent behind the actions is often what may elevate charges or penalties associated with certain charges issued. However, sometimes the external factors are the cause of the crime instead of internal characteristics.
This term of fundamental attribution error is often used as a basis for relating charges and penalties when other issues may be more important. Common human error is underestimated when involving situational factors. Prosecution and juror members tend to regard individual personality traits as more important than all other factors that may lead to the crime being committed initially. This could stem from a lack of money so the individual steals food. Crimes of self-defense may be looked at in this manner, and the victim may be determined as the one injured more extensively. When explaining behavior, others often tend not to see how a situation or other external concerns may be the foundation for certain circumstances arising.
Research on Crime
Most research used to understand how crimes occur provides an explanation that both personality and situational factors are both a determination in behavior as well as the cause leading to the commission of crimes. Most do not understand or realize this, however. Acknowledging that there are outside influences on both behavior and the possibility that violations of the law are committed due to them is not often accomplished well. The fundamental attribution error may only apply when utilizing it on others. Placing emphasis on the self, many factors are often left out. Most persons do not want to think that they are not completely in control of their own actions.
Dispositional Factors
Characteristics of an individual may influence the behavior or actions he or she exhibits. These could include his or her own personality traits, the temperament of the person as well as genetic factors. These details are often overlooked due to the intimate closeness they reveal about a person and in looking within for answers. For most situations, a person may regard only the good with his or her personality traits and the bad as blamed on external forces related to situations. When some crimes are committed, a psychologist may be required to explain these related factors so a judge or jury may become aware that numerous issues are out of our control but various instances of illegal activity are part of who these individuals are.
Consulting Counselors
When using someone to explain the behavior of inmates at a correctional facility, they may attribute their conduct to personality characteristics in most instances. However, when discovering all the details about the crime and case, they may associate some of them with situational issues that lead to the offenses. When connecting the characteristics to terms, they may include lethargy, hostility, a negative worldview and similar concerns. When the counselor does not have the full view but listens to these convicted persons, they may hear of problems such as scarceness of resources, lack of employment, child abuse and other troubling issues. Some psychologists have the view that these dispositional or personality traits only play a minor role in corresponding to personal behavior.
It is possible that criminal defendants may have a disorder that necessitates medication or treatment. It is with a counselor’s guidance and understanding that some of these individuals have the opportunity to correct deficiencies in character or situations. A lack of awareness of these factors may have caused the crimes to have been committed initially. Without a clear understanding of these matters, it is difficult to gauge where a person should be after violating the law. With the right treatment methods, he or she may become a useful member of society.
The Argument
The argument that plagues the legal world is that anyone is capable of criminal activity if in the right situation. This even occurs if the person has positive personality characteristics. It is vital to understand how the role of fundamental attribution error plays a role in the criminal activity of individuals. Both behavioral and situational factors should be explored by a criminal defense lawyer.
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