Abstract

Based on regulatory focus theory, the current study tested the effect of promotion and prevention foci on legal decision making. In particular, it aimed to uncover the effects of regulatory focus on penalization (punishment level and sentence) in criminal cases and the underlying psychological mechanism. Study 1 verified the relation between regulatory focus and penalization as well as the role of selective information processing. The result of a survey with a case scenario showed that information selection process mediated the relation between regulatory focus and level of punishment. That is, stronger the promotion focus, higher the level of punishment and larger the ratio for considering the information in accordance with the punishment level. Study 2 re-verified the results of study 1 in terms of causal relations. As the result of an experiment with priming regulatory focus to see the pattern of penalization and information processing, selective information processing mediated the two variables in penalization process in accordance with regulatory focus (only for punishment level), which was in line with the result of study 1. Study 3 aimed to find the effects of regulatory focus in terms of motivation by verifying whether the effects of judgment goal change in accordance with regulatory focus. The effects of judgment goal differed depending on regulatory focus conditions. That is, with stronger promotion focus the difference in punishment level was larger, whereas it was smaller when prevention focus was predominant. The current study showed that the effects of regulatory focus on penalization was mediated by selective information processing and influenced by motivated goals. Lastly, the applicability of the current results in criminal judgment and suggestions for future research were discussed.