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"content": "<p><a href=\"https://rhabarberbarbara.bar/tags/HowEmotionsAreMade\" class=\"mention hashtag\" rel=\"tag\">#<span>HowEmotionsAreMade</span></a> <br>关于为什么女性杀人判刑更重：</p><p>The legal system has a standard called the reasonable person who represents the norms of society, that is, the social reality within your culture. Defendants are measured against this standard. Consider the legal argument at the heart of the heat-of-passion defense: would a reasonable person have committed the same killing if he’d been similarly provoked without a chance to cool off ? <br>The standard of the reasonable person, and the social norms behind it, is not merely reflected in the law—it is created by the law. It is a way of saying, “Here is what we expect a human person to act like, and we will punish you if you don’t conform.”<br>[...]<br>A legal standard based on emotion stereotypes is especially problematic for the equitable treatment of men and women. The prevailing belief in many cultures is that women are more emotional and empathic, whereas men are more stoic and analytical.<br>[...]<br>Take a moment and reflect on your own emotions. Do you tend to feel things intensely or more moderately? When we ask these types of questions in my lab to male and female test subjects—to describe their feelings from memory—the women report feeling more emotion than the men do on average. That is, the women believe they are more emotional than men, and the men agree. The one exception is anger, as subjects believe that men are angrier. However, when the same people record their emotional experiences as they occur in everyday life, there are no sex differences. Some men and women are very emotional, and some are not. Likewise, the female brain is not hardwired for emotion or empathy, and the male brain is not hardwired for stoicism or rationality.<br>Where do these gender stereotypes come from? In the United States at least, women routinely “express” more emotion when compared to men. For example, women move their facial muscles more when watching films than men do, but women don’t report more intense experiences of emotion while watching. This finding, if nothing else, might explain why the stereotypes of the stoic man and the emotional woman leak into the courtroom and have a significant influence on judges and juries.<br>Because of these stereotypes, heat-of-passion defenses—and legal proceedings in general—are often applied differently to male versus female defendants. Consider two murder cases that are pretty similar except for the sex of the defendant. In the first case, a man named Robert Elliott was convicted of killing his brother, allegedly because of “extreme emotional disturbance” that included “an overwhelming fear of his brother.” The jury found him guilty of murder but the decision was overturned by the Supreme Court of Connecticut, citing that Elliott’s “intense feelings” about his brother overwhelmed his “self-control” and “reason.” In the second case, a woman named Judy Norman killed her husband after he had systematically beaten and abused her for years. The Supreme Court of North Carolina rejected the defense’s claim that Norman was acting in self-defense out of “a reasonable fear of imminent death or great bodily harm,” and she remained convicted of voluntary manslaughter.<br>These two cases match several stereotypes about emotion in men versus women. Anger is stereotypically normal for men because they are supposed to be aggressors. Women are supposed to be victims, and good victims shouldn’t become angry; they’re supposed to be afraid. Women are punished for expressing anger.<br>[...]<br>In courtrooms, angry women like Ms. Norman lose their liberty. In fact, in domestic violence cases, men who kill get shorter and lighter sentences, and are charged with less serious crimes, than are women who kill their intimate partners. A murderous husband is just acting like a stereotypical husband, but wives who kill are not acting like typical wives, and therefore they are rarely exonerated.</p>",
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"ja": "<p><a href=\"https://rhabarberbarbara.bar/tags/HowEmotionsAreMade\" class=\"mention hashtag\" rel=\"tag\">#<span>HowEmotionsAreMade</span></a> <br>关于为什么女性杀人判刑更重：</p><p>The legal system has a standard called the reasonable person who represents the norms of society, that is, the social reality within your culture. Defendants are measured against this standard. Consider the legal argument at the heart of the heat-of-passion defense: would a reasonable person have committed the same killing if he’d been similarly provoked without a chance to cool off ? <br>The standard of the reasonable person, and the social norms behind it, is not merely reflected in the law—it is created by the law. It is a way of saying, “Here is what we expect a human person to act like, and we will punish you if you don’t conform.”<br>[...]<br>A legal standard based on emotion stereotypes is especially problematic for the equitable treatment of men and women. The prevailing belief in many cultures is that women are more emotional and empathic, whereas men are more stoic and analytical.<br>[...]<br>Take a moment and reflect on your own emotions. Do you tend to feel things intensely or more moderately? When we ask these types of questions in my lab to male and female test subjects—to describe their feelings from memory—the women report feeling more emotion than the men do on average. That is, the women believe they are more emotional than men, and the men agree. The one exception is anger, as subjects believe that men are angrier. However, when the same people record their emotional experiences as they occur in everyday life, there are no sex differences. Some men and women are very emotional, and some are not. Likewise, the female brain is not hardwired for emotion or empathy, and the male brain is not hardwired for stoicism or rationality.<br>Where do these gender stereotypes come from? In the United States at least, women routinely “express” more emotion when compared to men. For example, women move their facial muscles more when watching films than men do, but women don’t report more intense experiences of emotion while watching. This finding, if nothing else, might explain why the stereotypes of the stoic man and the emotional woman leak into the courtroom and have a significant influence on judges and juries.<br>Because of these stereotypes, heat-of-passion defenses—and legal proceedings in general—are often applied differently to male versus female defendants. Consider two murder cases that are pretty similar except for the sex of the defendant. In the first case, a man named Robert Elliott was convicted of killing his brother, allegedly because of “extreme emotional disturbance” that included “an overwhelming fear of his brother.” The jury found him guilty of murder but the decision was overturned by the Supreme Court of Connecticut, citing that Elliott’s “intense feelings” about his brother overwhelmed his “self-control” and “reason.” In the second case, a woman named Judy Norman killed her husband after he had systematically beaten and abused her for years. The Supreme Court of North Carolina rejected the defense’s claim that Norman was acting in self-defense out of “a reasonable fear of imminent death or great bodily harm,” and she remained convicted of voluntary manslaughter.<br>These two cases match several stereotypes about emotion in men versus women. Anger is stereotypically normal for men because they are supposed to be aggressors. Women are supposed to be victims, and good victims shouldn’t become angry; they’re supposed to be afraid. Women are punished for expressing anger.<br>[...]<br>In courtrooms, angry women like Ms. Norman lose their liberty. In fact, in domestic violence cases, men who kill get shorter and lighter sentences, and are charged with less serious crimes, than are women who kill their intimate partners. A murderous husband is just acting like a stereotypical husband, but wives who kill are not acting like typical wives, and therefore they are rarely exonerated.</p>"
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