Author: Brian H. Bornstein
Publisher: Oxford University Press
Release Date: 2017-01-23
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before. Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contemplate myriad legal issues that arise when jurors decide criminal cases as well as cutting-edge psychological research that can be used to not only understand the performance and experience of the contemporary criminal jury, but also to improve it. Chapter authors grapple with a number of key issues at the intersection of psychology and law, guiding readers to consider everything from the factors that influence the initial selection of the jury to how jurors cope with and reflect on their service after the trial ends. Together the chapters provide a unique view of criminal juries with the goal of increasing awareness of a broad range of current issues in great need of theoretical, empirical, and legal attention. Criminal Juries in the 21st Century will identify how social science research can inform law and policy relevant to improving justice within the jury system, and is an essential resource for those who directly study jury decision making as well as social scientists generally, attorneys, judges, students, and even future jurors.
The Behavioral Science of Firearms focuses on applying behavioral science principles and knowledge to inform and improve firearm-related policy, practice, and research. The authors provide comprehensive coverage of relevant case law and legal statutes, as well as issues pertaining to violence, suicide, and gun safety. Additional topics include civilian firearm ownership suitability; considerations for relevant professions (such as the military, law enforcement, and corrections); self-care; and more. Concepts are presented via a best-practices model that promotes empirically-supported decision-making. Drawing on a range of arenas such as psychology, sociology, criminal justice, and law, The Behavioral Science of Firearms is an essential resource for a wide readership, including practitioners, institutional and law enforcement personnel, legislators, and academicians and students in fields such as psychology, criminal justice, and public health.
Author: Riaz Tejani
Publisher: Stanford University Press
Release Date: 2017-07-18
American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.
Author: Herbert Kritzer
Release Date: 2018
Lawyers sometimes make mistakes that cause harm to their clients. This book examines the nature of those mistakes, and who is and is not able to obtain compensation, with a particular focus on the access to justice gap between corporate clients and individual clients.
Psychology and Law shows how psychological research and theory can be used in a legal context. Written with advanced undergraduate students in mind, it focuses upon the pre-trial or investigative phase of the legal process. Obtaining and assessing witness evidence is a key part of any criminal investigation. Topics include witness accuracy and credibility, covering issues such as assessment of witness credibility, interviewing suspects and witnesses, eyewitness testimony, false beliefs and memory, the role of experts and juries. This second edition has been revised and updated to reflect the large amount of new research in the area, making it the essential guide for all courses with a legal component. Comment on the first edition: "This is an excellent appraisal of the psychology of evidence...it provides thorough, substantial and up-to-date accounts of modern developments." Denniss Howitt, Loughborough University, UK * Written by well known and respected authors * Suitable as an introductory, undergraduate text
Author: Dennis J. Devine
Publisher: NYU Press
Release Date: 2012-08-06
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making Dennis J. Devine examines over 50 years of research on juries and offers a “big picture” overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
This volume provides the first rigorous assessment of the research relating to the disclosure of childhood sexual abuse, along with the practical and policy implications of the findings. Leading researchers and practitioners from diverse and international backgrounds offer critical commentary on these previously unpublished findings gathered from both field and laboratory research. Cross-cultural, clinical, and multi-disciplinary perspectives are provided. The goal is to learn more about why children frequently remain silent about their abuse, deny it, or if they do disclose, do so belatedly and incompletely, often recanting their allegations over time. The book opens with a close examination of the existing literature on disclosure and the difficulties in conducting such research. It then examines the individual and contextual factors that determine whether, when, and how childhood sexual abuse is disclosed. This portion reviews how the interview techniques have a profound impact on disclosure patterns. Details of how reluctant children are interviewed are included. The third section examines the broader implications of disclosure for the child, family and peers, and for the suspect. Child Sexual Abuse examines how the interview strategies influence how, when, or if children disclose abuse, by examining both domestic and international data and by analyzing detailed interviews with children. Child Sexual Abuse is for researchers and practitioners from child, forensic, and clinical psychology, social work, and all legal professionals who need to understand this crime.
Author: Andreas Kapardis
Publisher: Cambridge University Press
Release Date: 2009-12-21
Fully revised and expanded, this third edition of Psychology and Law: A Critical Introduction is a discussion of contemporary debates at the interface between psychology and criminal law. Features new sections on restorative justice, police prejudice and discrimination, terrorism and profiling offenders. Other topics include critiques of eyewitness testimony, the role of the jury, sentencing as a human process, the psychologist as expert witness, persuasion in the courtroom, detecting deception, and psychology and the police. Each chapter is supported by case studies and further reading. Andreas Kapardis draws on sources from Europe, North America and Australia to provide an expert investigation of the subjectivity and human fallibility inherent in our systems of justice. He suggests ways for minimising undesirable influences on crucial judicial decision-making. International and broad-ranging, this book is the authoritative work on psycho-legal enquiry for students and professionals in psychology, law, criminology, social work and law enforcement.
Courts: A Text/Reader provides the best of both worlds— authored text sections with carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. The articles, from leading journals in criminology and criminal justice, reflect both classic studies of the criminal court system and state-of-the-art research, and often have a policy perspective that makes them more applied, less theoretical, and more interesting to both undergraduate and graduate students.
Author: Hyunah Yang
Publisher: Edward Elgar Publishing
Release Date: 2013
ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.
Author: John R. Lott
Publisher: University of Chicago Press
Release Date: 2013-01-29
Genre: Social Science
On its initial publication in 1998, John R. Lott’s More Guns, Less Crime drew both lavish praise and heated criticism. More than a decade later, it continues to play a key role in ongoing arguments over gun-control laws: despite all the attacks by gun-control advocates, no one has ever been able to refute Lott’s simple, startling conclusion that more guns mean less crime. Relying on the most rigorously comprehensive data analysis ever conducted on crime statistics and right-to-carry laws, the book directly challenges common perceptions about the relationship of guns, crime, and violence. For this third edition, Lott draws on an additional ten years of data—including provocative analysis of the effects of gun bans in Chicago and Washington, D.C—that brings the book fully up to date and further bolsters its central contention.
Author: J. Cotterill
Release Date: 2002-10-09
Genre: Language Arts & Disciplines
Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.