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