ABSTRACT

Each of these vignettes raises fundamental issues about the decisionmaking of individuals entrusted with rational legal power and suggests that their rationality may be little different from street criminals operating within distinct subcultures and who impulsively and hedonistically act with little thought of alternatives or consequences (Tunnell 1992). Indeed, if one were to examine non-human animals, we likely might discover similar behavior patterns as those highlighted in the above examples. For in each case, decision-making (or at least how we theoretically define it) evidently is far different than theoretical explications. Perhaps the behaviors illustrated above are more similar to non-human pack behavior, including such universal responses as collective panic, fear, and defensive posturing, rather than something reflecting decision-problem resolution as elaborated in rational choice theory. Also, the above likely reflects impulsivity and routinization.