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Psychology and the Law The State of the Discipline

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ISBN-10: 0306459507

ISBN-13: 9780306459504

Edition: 1999

Authors: Ronald Roesch, Stephen D. Hart, James R. P. Ogloff

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Book details

Copyright year: 1999
Publisher: Springer
Publication date: 2/28/1999
Binding: Paperback
Pages: 459
Size: 6.25" wide x 9.25" long x 1.00" tall
Weight: 1.540
Language: English

Psychology and Law: An Overview
What Is Law?
What Is Psychology?
What Is Psychology and Law?
The Roots of Psychology and Law
The Historical Strands of Psychology and Law
Conceptualizing the Relationship between Psychology and Law
Haney's Taxonomy
Monahan and Walker's Proposal
Conflict between Psychology and Law
How Much Influence Has Psychology Exerted on Courts?
Psychology and Public Policy
Mental Health Policy
Other Examples
Human Behavior in the Trial Process
Juries: The Current State of the Empirical Literature
The Scope of Jury Research
Major Jury Research Controversies
Death Qualification References
Instructions References
Expert Testimony References
Joinder References
Witnesses to Crime: Social and Cognitive Factors Governing the Validity of People's Reports
Organizing Themes
Memory as One Component of Testimony
Eyewitness Accounts
Variables Controlling Eyewitness Accuracy
The Recovery of Repressed Memories
The Overall Issue
The Development of Illusory Memories
Evidence for Repression
Memory Permanence
The Credibility of Recovered Memories
Preventing Mistaken Convictions in Eyewitness Identification Trials: The Case Against Traditional Safeguards
The Extent of the Problem
Voir Dire as a Safeguard against Mistaken Identifications
Cross-Examination as a Safeguard against Mistaken Identifications
Attorney Opportunities to Develop Identification-Relevant Information for Cross-Examination
Attorney Knowledge of Factors Influencing Eyewitness Performance
Jury Decision Making as a Safeguard against Mistaken Identifications
Survey Studies That Test Juror Knowledge about Eyewitness Reliability
Prediction Studies That Test Juror Knowledge about Eyewitness Reliability
Mock-Jury Studies of Juror Decision Making--Differentiating Accurate from Inaccurate Eyewitnesses
To Which Aspects of an Eyewitness Identification Are Jurors Sensitive?
Conclusions about Traditional Safeguards
The Alternative: Expert Testimony on Juror Sensitivity
Forensic Assessment and Treatment
Forensic Assessment
The History of Forensic Psychological Assessment
Emergence and Growth
Challenges: The Faust and Ziskin Assault and Its Aftermath
Conceptual and Empirical Developments: Making Progress but Losing Ground
Assessment of Legal Competencies
Adjudicative Competence
Criminal Responsibility
Child Custody/Termination of Parental Rights
Predicting Violence in Mentally and Personality Disordered Individuals
The Rise of Risk
Systemic Reorganization
Case Law
Legislative Developments
Early Studies
Recent Research Advances
Distinguishing between Predicting General Criminality and Violent Behavior
Advances in Methodological and Statistical Techniques
Advances in Substantive Knowledge
The Clinical versus Actuarial Distinction
Risk Markers
Risk Assessment Schemes: Putting It All Together
A View to the Future: Recent Theoretical and Conceptual Advances
Forensic Treatment: A Review of Programs and Research
Definition and Method
Empirical Investigations of Forensic Treatment
Hospital Settings
Community-Based Forensic Treatment
United States
British Columbia
Summary of CBFT Programs and Patients
Integration: Principles of Forensic Treatment
Established Principles
Emerging Principles
Implications for Policy, Practice, and Research
Issues in Civil Law
Civil Law: Employment and Discrimination
Sources of Antidiscrimination Law
Conduct Prohibited by Discrimination Laws
The Prevalence of Workplace Discrimination Charges
Legal Theories of Workplace Discrimination
Theories of Liability for Workplace Discrimination
Disparate Treatment
Adverse Impact
Statistical Proof of Discrimination
Hostile Workplace Environment Discrimination
Reasonable Accommodation
Reprisal and Retaliation
Legal Relief and Remedies for Workplace Discrimination
Traditional Relief
Compensatory Damages
Punitive Damages
The Right to a Jury Trial
Affirmative Action
Perceptions of Fairness and Equity in the Workplace
Illusions of Distributive Justice
The Myth of Merit-Based Decision Making in the Workplace
Distributive and Procedural Fairness: Affirmative Action and Equal Opportunity
Fairness in Objective Testing
Modern Racism in the Workplace
Background to Current Issues and Research
Institutional Barriers to Racial Minorities
Forms of Contemporary Racism
Contextual Studies of Intergroup Biases
Sexual Harassment in the Workplace
Background to Current Issues and Research
Theories of Harassment: Quid Pro Quo and Hostile Workplace Environment Claims
Forms of Sexually Harassing Conduct
The Influence of Individual and Social Factors on Sexual Harassment
Directions for Future Research
Systemic and Institutional Factors in Employment Discrimination
Reducing Discrimination in the Workplace
Damages Flowing from Employment Discrimination
Procedural Aspects that Influence Discrimination Charges
Best Interests of the Child: New Twists on an Old Theme
Historical Standards
Current Standard
Application to Divorce Cases
Adoption Cases
Recent Headline Cases
Custody Relations after Divorce or Separation
Adoption Cases
Suits by Older Children
Psychological Literature
Research on Psychological Factors
Stability and Continuity
Sibling Relationships
Relationships with Extended Family
Definitions of the Family
Joint Custody
Special Concerns of Adolescents
Special Concerns in Adoption
Research on Decision-Making Process Factors
Application of Research to Recent Cases
Directions for Future Research
Ethics and Professional Issues
Preparing for Two Cultures: Education and Training in Law and Psychology
Periodic Flirtation or Stable Relationships?
Plaudits and Problems
Sources of Optimism
Sources of Concern
The National Invitational Conferences
Issues and Goals
The Continuing Controversy about Joint Programs
Definitions and Aims
Benefits and Costs
Preparing for the Next Century
Forensic Psychology
Ethical and Legal Contours of Forensic Psychology
An Introduction to Ethics and the Source of Ethical Dilemmas
General Ethical Principles and Their Applicability to the Forensic Context
Who Is the Client?
Limits on the Scope of Practice: Competence
Legal and Ethical Guidelines Governing Psychology-Patient Relationships
The Duty to Disclose Information to Protect Third Parties
General Information
When to Report/Protect?
Duty to Report Suspected Child Abuse
The Admissibility of Expert Psychological Testimony
Is the Admission of the Expert Testimony Relevant to the Case?
Is the Probative Value of the Expert Psychological Testimony Outweighed by Its Prejudicial Impact?
Will the Proposed Expert Testimony Assist the Trier of Fact in Its Determination?
Does the Proposed Witness Qualify as an Expert for the Purposes of the Proposed Testimony?
Specialty Guidelines for Forensic Psychologists