Psychology and the Legal System

ISBN-10: 0534521061
ISBN-13: 9780534521066
Edition: 6th 2007
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Description: The author team for WRIGHTSMAN'S PSYCHOLOGY AND THE LEGAL SYSTEM, Sixth Edition combines complementary expertise, active research, writing careers, and real world experience (as consultants working within the legal system) to produce a comprehensive  More...

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Book details

List price: $192.95
Edition: 6th
Copyright year: 2007
Publisher: Wadsworth
Publication date: 5/16/2006
Binding: Hardcover
Pages: 608
Size: 7.75" wide x 9.50" long x 1.00" tall
Weight: 2.486
Language: English

The author team for WRIGHTSMAN'S PSYCHOLOGY AND THE LEGAL SYSTEM, Sixth Edition combines complementary expertise, active research, writing careers, and real world experience (as consultants working within the legal system) to produce a comprehensive text that is unparalleled in scholarship and writing style. The authorship, research base and comprehensive coverage make this text popular with instructors and students. This text demonstrates the importance of psychology to understanding the legal system and the impact on individuals' everyday lives through the use of real cases and questions formed to create discussions of these cases.

William H. Fortune received his J.D. from the University of Kentucky in 1964 and is currently an Alumni Professor of Law at the University of Kentucky at Lexington.

Kirk Heilbrun is currently a professor in the Department of Psychology, Drexel University. His current research focuses on juvenile and adult offenders, legal decision-making, and the evaluation and interventions associated with such decision-making. He is the Co-Director of the Pennsylvania Mental Health and Justice Center of Excellence, having previously served as president of both the American Psychology-Law Psychology/APA Division 41, and the American Board of Forensic Psychology. He received the 2004 Distinguished Contributions to Forensic Psychology award and the 2008 Beth Clark Distinguished Service Contribution Award from the American Academy of Forensic Psychology.

Psychology and the Law: Impossible Choices
The Importance of Laws
Laws as Human Creations
Laws and the Resolution of Conflict
The Changing of Laws
The Psychological Study of Law
Basic Choices in the Psychological Study of the Law
The First Dilemma: Rights of Individuals versus the Common Good
Values in Conflict
Two Models of the Criminal Justice System
The Second Dilemma: Equality versus Discretion
The Third Dilemma: To Discover the Truth or to Resolve Conflicts
Truth versus Conflict Resolution in Plea Bargaining and Settlement Negotiation
The Fourth Dilemma: Science versus the Law as a Source of Decisions
Law Is Doctrinal; Psychology Is Empirical
Law Functions by the Case Method; Psychology, by the Experimental Method
Law Deals with Absolutes; Psychology Deals with Probabilities
Law Supports Contrasting Views of Reality; Psychology Seeks to Clarify One Muddled View of Reality
Psychologists' Relationship to the Law
The Psychologist as a Basic Scientist of the Law
The Psychologist as an Applied Scientist in the Law
The Psychologist as a Policy Evaluator in the Law
The Psychologist as an Advocate in the Law
Ethical Considerations in Each Role
The Ethics of the Applied Scientist/Expert Witness
The Ethics of the Policy Evaluator
The Ethics of the Advocate
Legality versus Morality
Citizens' Sense of Morality and Legality
What Is Justice?
Distributive and Procedural Justice
Commonsense Justice: Everyday Intuitions about Fairness
Summary
Key Terms
The Legal System and Its Players
The Adversarial System
Courts
"Problem-Solving Courts"
Drug Courts
Mental Health, Homeless, and Family Courts
Criticisms of Problem-Solving Courts
Judges
How Are Judges Selected?
Alternative Dispute Resolution
Arbitration
Summary Jury Trial
Mediation
Lawyers
What Kind of Work Do Lawyers Do?
Law Schools and Legal Education
Women in Law School and the Legal Profession
Minorities in Law School and the Legal Profession
Trends in Lawyering
Lawyers and Ethics
Criticisms of Lawyers
Summary
Key Terms
Psychology of Crime
Theories of Crime as Explanations of Criminal Behavior
Sociological Theories of Crime
Structural Explanations
Subcultural Explanations
Biological Theories of Crime
Psychological Theories of Crime
Psychoanalytic Theories of Crime
Criminal Thinking Patterns
Personality Defect as an Explanation of Criminality
Social-Psychological Theories of Crime
Control Theories
Learning Theories
The Social Labeling Perspective
Integration of Theories of Crime
Summary
Key Terms
Psychology of Police
Selection of Police Officers
The Interview
Situational Tests
Psychological Tests
The Validity of Police Screening
Fitness-for-Duty Evaluations
Training of Police Officers
Training in Crisis Intervention
Interactions with Mentally Ill Citizens
Domestic Disturbances
Hostage Negotiation
The Police Officer's Job
Stress and the Police
Is There a Police Personality?
Police-Community Relations
Summary
Key Terms
Crime Investigation: Witnesses
Examples of Mistaken Eyewitness Identification
Points at Which a Mistaken Eyewitness Identification Can Occur
Basic Information Processing: Perception and Memory
Perception
Memory
Distinguishing System and Estimator Variables
Assessing the Impact of Estimator Variables on Eyewitness Accuracy
Controlling the Impact of System Variables on Eyewitness Accuracy
Recommendations for Reforming Identification Procedures
Instructions to the Eyewitness
Selection of Fillers
Lineup Presentation Method
The Influence of Feedback
Use of Hypnosis with Eyewitnesses
What Is Hypnosis?
Effects of Hypnosis on Memory: Memory Aid or Altered Memory?
Legal Status of Hypnosis
The Eyewitness in the Courtroom
Safeguards against Mistaken Identification
Evaluating the Effectiveness of Cross-Examination
Evaluating the Testimony of Psychologists
Evaluating the Effectiveness of Cautionary Jury Instructions
Repressed and Recovered Memories
Repressed Memories and Memory Recovery Therapy
Creating Pseudomemories
False Memories in Court
Summary
Key Terms
Identification and Evaluation of Criminal Suspects
Profiling of Criminal Suspects
Classifying Mass Murderers
Steps Involved in Criminal Profiling
The Validity of Criminal Profiles
"Lie Detection" via the Polygraph
Emergence of the Polygraph
Validity of Polygraph Procedures
Other "Lie Detection" Methods
Admissibility of Polygraph Records
Use of Confessions
Historical Background and Current Legal Standing
Whittling Away at Miranda
The Validity of Confession Evidence
Inside the Interrogation Room: Common Interrogation Techniques and the Likelihood of False Confessions
Inside the Courtroom: How Jurors Evaluate Confession Evidence
Reforming the System to Prevent False Confessions
Entrapment
Summary
Key Terms
Between Arrest and Trial
Steps between Arrest and Trial
The Initial Appearance
The Preliminary Hearing
The Grand Jury
Arraignment
Discovery and Pretrial Motions
The Decision to Set Bail
The Purposes of Bail
What Considerations Affect the Decision to Set Bail?
Can High-Risk Defendants Be Identified?
Does Pretrial Release Affect Trial Outcome?
Plea Bargaining
Evaluations of Plea Bargaining
Ethical Issues in Plea Bargaining
Pretrial Publicity
Conflicting Rights
Court Decisions on Pretrial Publicity
Effects of Pretrial Publicity
Remedies for the Effects of Pretrial Publicity
Change-of-Venue Surveys
Summary
Key Terms
Forensic Assessment in Criminal Cases: Competence and Insanity
The Scope of Forensic Psychology
Competence
Adjudicative Competence
Raising the Issue of Competence
Evaluating Competence
Results of Competence Evaluations
Amnesia and Competence to Stand Trial
Competent with Medication, Incompetent Without
Other Competence Issues
The Insanity Defense
Rationale for the Insanity Defense
The M'Naghten Rule: An Early Attempt to Define Insanity
The Brawner Rule, Stemming from the Model Penal Code
Famous Trials and the Use of the Insanity Plea
Facts about the Insanity Plea
Current Criticisms of the Insanity Defense
Revisions and Reforms of the Insanity Defense
Summary
Key Terms
Forensic Assessment in Civil Cases
Experts in the Adversarial System
Psychological Damages to Civil Plaintiffs
Workers' Compensation
Civil Competencies
Assessing Competence to Make Treatment Decisions
Assessing Competence to Execute a Will
Psychological Autopsies
Child Custody and Parental Fitness
Civil Commitment and Risk Assessment
Four Types of Commitment Procedures
Dangerousness and Risk Assessment
Difficulties in Assessing Dangerousness
Summary
Key Terms
The Trial Process
What Is the Purpose of a Trial?
The Trial as a Search for the Truth
The Trial as a Test of Credibility
The Trial as a Conflict-Resolving Ritual
Steps in the Trial Process
Preliminary Actions
Jury Selection
The Trial
Sentencing
The Appellate Process
Judges' Decisions versus Juries' Decisions
Determinants of Discrepancies
Jury Sentiments
A Critique of the Kalven and Zeisel Study
A New Look at Judge/Jury Differences
Jury Nullification
Empirical Evidence Concerning Jury Nullification
Jury Nullification and Racial Considerations
Some Final Thoughts on Jury Nullification
Summary
Key Terms
Jury Trials I: Jury Representativeness and Selection
The O. J. Simpson Criminal Trial as an Illustration of Jury Selection
Drawing a Panel, or Venire
Did the Jury Selection "Work"?
General Problems in Forming a Jury Panel
Judicial and Legislative Reforms
Devices Used for Drawing a Pool
Exclusions, Nonresponses, and Exemptions: Threats to Representativeness?
Voir Dire: A Reasonable Process with Unreasonable Outcomes?
Challenges for Cause and Peremptory Challenges
The Batson Decision: No Exclusion on Account of Race
Peremptory Challenges and Other Juror Characteristics
Lawyers' Theories: Stereotypes in Search of Success
Demographic Characteristics of Jurors
Personality Characteristics of Jurors
"Scientific Jury Selection": Does It Work Any Better?
Lawyers, Psychologists, and Ethics: Problems with Jury Selection
Summary
Key Terms
Jury Trials II: Concerns and Reforms
The Concern That Juries May Not Be Competent
Concern about the Effects of Extralegal Information
Impact of Extralegal Information in Criminal Cases
Impact of Extralegal Information in Civil Cases
Instructions to Disregard Inadmissible Evidence: How Effective?
Concern about the Effects of Expert Testimony
Concern about Jurors' Abilities to Understand and Apply Their Instructions
Concern about Jurors' Abilities to Decide Complex Cases
The Concern That Juries May Be Biased
The Assumption of a Blank Slate
Inevitability of Juror Bias
Jurors' Inferences and the Stories They Tell
Jury Reform
The Jury: Should It Be Venerated or Vilified? Revered or Reviled?
Summary
Key Terms
Psychology of Victims
Perception of Victims
Types of Victims
Victims of Violent Crime
Is Violence Inherited?
Violent Victimization and Posttraumatic Stress Disorder
Battered Spouses
The Psychology of Rape
Responding to Rape Victims
Legislation and Court Decisions
Preventing Rape
Detecting the Rapist
Sexual Harassment
Prevalence Rapes
Defining Sexual Harassment
Applying Psychological Knowledge to Detecting Harassment
Offenders as Victims
Summary
Key Terms
Children, Adolescents, and the Law
Juvenile Offenders
The Juvenile Justice System
Juveniles' Due Process Rights
Sanctioning Juvenile Offenders: The Death Penalty for Teens?
The Miranda Capacities of Juvenile Defendants
The Adjudicative Competence of Juveniles
Children as Victims
Child Maltreatment, the Cycle of Abuse, and Abuse Prevention
Children as Witnesses
The Reliability of Children's Eyewitness Memories
Children as Witnesses in Child Sexual Abuse Cases
The Effects of Suggestive Questioning
Is Suggestive Questioning Necessary?
The Child Witness in the Courtroom
Procedural Modifications When Children Are Witnesses
Juveniles' Right to Self-determination
Children in Nontraditional Families
Summary
Key Terms
Punishment, Sentencing, and Corrections
Crime Control and the Purposes of Punishment
Sentencing: Difficult Choices
Discretion Justified as a Value
Sentencing Disparity and the Quest for Equal Treatment
Determinants of Sentencing: Relevant and Irrelevant
The Sentencing Process
The Sentencing Hearing
What Predicts the Sentence?
The Sentencing of Sex Offenders
Registration and Notification
Involuntary Commitment
Sex Offender Treatments
The Death Penalty: The Ultimate Punishment
The Question of Innocence
Justifications for the Death Penalty
Equality versus Discretion in Application of the Death Penalty
Capital Jury Decision Making
Mental Retardation
Voluntary Executions
Psychologists' Role in Capital Cases
The Rights of Prisoners
Due Process Rights
Cruel and Unusual Punishment
Rights to Free Communication
Religious Rights
Summary
Key Terms
Glossary
References
Credits
Name Index
Subject Index

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