The Psychology of the Supreme Court

Author: Lawrence S. Wrightsman
Publisher: Oxford University Press
ISBN: 0198041756
Release Date: 2006-03-16
Genre: Psychology

With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land. Who are the justices that run it and how do they make their decisions? The Psychology of the Supreme Court by Lawrence S. Wrightsman is the first book to thoroughly examine the psychology of Supreme Court decision-making. Dr. Wrightsman's book seeks to help us understand all aspects of the Supreme Court's functioning from a psychological perspective. This timely and comprehensive work addresses many factors of influence including, the background of the justices, how they are nominated and appointed, the role of their law clerks, the power of the Chief Justice, and the day-to-day life in the Court. Dr. Wrightsman uses psychological concepts and research findings from the social sciences to examine the steps of the decision-making process, as well as the ways in which the justices seek to remain collegial in the face of conflict and the degree of predictability in their votes. Psychologists and scholars, as well as those of us seeking to unravel the mystery of The Supreme Court of the United States will find this book to be an eye-opening read.

Oral Arguments Before the Supreme Court

Author: Lawrence Wrightsman
Publisher: Oxford University Press
ISBN: 0199709432
Release Date: 2008-04-16
Genre: Psychology

Of all the steps in the Supreme Court's decision-making process, only one is visible to the public: the oral arguments. By carefully analyzing transcripts of all the oral arguments available to the public, Professor Wrightsman provides empirical answers to a number of questions about the operation of oral arguments. This book provides a model for understanding the dynamics of judicial decision making from an empirical perspective.

The Miranda Ruling

Author: Lawrence S. Wrightsman
Publisher: Oxford University Press
ISBN: 9780199750511
Release Date: 2010-05-19
Genre: Psychology

Can the original goal of the authors of the Miranda law be salvaged? This book examines the state of interrogations and the state of the law before the Miranda decision was made, the purposes and nature of the decision, and proposes recommendations for reinstituting the original goals.

Psychology Law and the Wellbeing of Children

Author: Monica K. Miller
Publisher: Oxford University Press
ISBN: 9780199934218
Release Date: 2014-02
Genre: Medical

Unique in its angle and in the breadth of social issues it covers, this book brings together new research and analyses to address how legal actions affect children's wellbeing.

The Roots of Modern Psychology and Law

Author: Thomas Grisso
Publisher: Oxford University Press
ISBN: 9780190688721
Release Date: 2018-03-01
Genre: Psychology

Psychology's formal interaction with law began early in the twentieth century, though little in the way of substantive scholarly and professional development occurred until several decades later. The emergence of psychology and law as a modern field of scholarship was marked by the founding of the American Psychology-Law Society (AP-LS) in 1969, now approaching its 50th anniversary. The scientific foundation upon which the modern field now rests was established by a small group of psychological researchers, legal scholars, and clinicians. The Roots of Modern Psychology and Law: A Narrative History reveals how the field developed during the first decade following the founding of the American Psychology-Law Society. The contributors to this edited volume, widely considered to be among the "founders" of the field, were responsible for establishing and nurturing many of the subfields and topics in psychology and law or forensic psychology that flourished across the next fifty years. In each chapter, these leaders explain in narrative form how and why the field and the Society developed in its early years through the recounting of key professional events in their careers during the 1970s. In some cases this was their first major research study using psychology applied to legal issues. In others it was their development of seminal ideas or organizational innovations that had a later impact on the field's development. The volume chronicles how an emerging AP-LS and field of psychology and law were shaped by these psychologists, and how their own initial work was, in turn, shaped by the organization.

The Ethical Practice of Forensic Psychology

Author: Gianni Pirelli
Publisher: Oxford University Press
ISBN: 9780190258542
Release Date: 2016-12-13

Few resources exist for those interested in developing their professional competence vis-a-vis ethics in forensic psychology, with the most recent text being published more than a decade ago. However, forensic psychology is changing quickly and there is a need for a current guide on ethics within the field. The Ethical Practice of Forensic Psychology highlights the ethical standards and guidelines set forth by the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct (EPPCC) and the Specialty Guidelines for Forensic Psychology (SGFP). This Casebook provides readers with a practical review of these ethical standards and professional guidelines in the context of forensic case vignettes with corresponding commentary by leaders in the field. Concepts are presented using a best-practices model that encourages and promotes engaging in empirically supported decision-making. This volume is distinct from all others published in this area, given its inclusion and integration of a review of the ethical standards and guidelines contained in the EPPCC and SGFP, in addition to numerous types of ethical dilemmas encountered in forensic practice, a review of the relevant empirical literature and case law/legal statutes, and commentary by experts in forensic psychology. This unique Casebook will prove useful for a broad audience including academics in forensic psychology, psychology graduate and post-doctoral students and trainees, practitioners, mental health counselors, social workers, and legal professionals. "

Crafting Law on the Supreme Court

Author: Forrest Maltzman
Publisher: Cambridge University Press
ISBN: 0521783941
Release Date: 2000-07-03
Genre: Law

In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are justices whose decisions are constrained by the choices made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.

Death by Design

Author: Craig Haney
Publisher: Oxford University Press
ISBN: 0198040229
Release Date: 2005-08-04
Genre: Psychology

How can otherwise normal, moral persons - as citizens, voters, and jurors - participate in a process that is designed to take the life of another? In DEATH BY DESIGN, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distances and disengages us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature - built into the very system of death sentencing itself - Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process. The historic and ongoing public debate over the death penalty takes place not only in courtrooms, but also in classrooms, offices, and living rooms. This timely book offers stimulating insights into capital punishment for professionals and students working in psychology, law, criminology, sociology, and cultural area studies. As capital punishment receives continued attention in the media, it is also a necessary and provocative guide that empowers all readers to come to their own conclusions about the death penalty.

The Science and Law of School Segregation and Diversity

Author: Roger J. R. Levesque
Publisher: Oxford University Press
ISBN: 9780190633639
Release Date: 2017
Genre: Law

An empirical look at the U.S legal system's effectiveness in addressing school segregation reveals that segregation persists and even surpasses levels experienced before the Civil Rights Movement. Yet, lawmaking continues as though segregation is a thing of the past. The negative effects of racial and ethnic disparities in schooling are well documented, but legal analysts increasingly interpret the law as a system that operates independently of research findings clearly pointing to disparities. For their part, researchers continue to document experiences of segregation without considering the legal system's basic concerns. The Science and Law of School Segregation and Diversity examines the sources of the disconnect between scientific findings on school segregation and how the U.S. legal system addresses it; evaluates these sources' empirical and legal foundations; explains why they persist; and reveals what can be done about them. Roger Levesque, a scholar with expertise in children's rights, family law, and adolescence, provides an overview of how the legal system approaches inequality based on racial/ethnic status. He presents an analysis of the empirical findings relating to the implementation of laws that would address racial disparities in schooling and educational outcomes. Finally, Levesque challenges jurisprudential claims that the developmental sciences do not offer important and useful tools to guide responses to differential treatment and circumstances based on race. This book will appeal to individuals interested in legal responses to schooling's place in society, discrimination, diversity, inequality, and more broadly, civil rights. The text will also appeal to developmentalists interested in prejudice, discrimination, and social development, and researchers, scholars, and students in law and psychology, law and education, law and human development, and law and society.

Adolescence Privacy and the Law

Author: Roger J. R. Levesque
Publisher: Oxford University Press
ISBN: 9780190460792
Release Date: 2016-08-31
Genre: Law and the social sciences

Adolescence, Privacy, and the Law provides a foundation for understanding privacy rights and how they relate to adolescents. Roger Levesque argues that because privacy is actually an inherently social phenomenon, the ways in which adolescents' privacy needs and rights are shaped are essential to society's broader privacy interests. A close look at empirical understandings of privacy, how it shapes development, and how privacy itself can be shaped provides important lessons for addressing the critical juncture facing privacy rights and privacy itself. Adolescence, Privacy, and the Law provides an overview of the three major strands of privacy rights: decisional, spatial, and informational, and extends current understandings of these strands and how the legal system addresses adolescents and their legal status. Levesque presents comprehensive and specific analyses of the place of privacy in adolescent development and its outcomes, the influences that shape adolescents' expectations and experiences of privacy, and ways to effectively shape adolescents' use of privacy. He explains why privacy law must move in new directions to address privacy needs and pinpoints the legal foundation for moving in new directions. The book charts broad proposals to guide the development of sociolegal responses to changing social environments related to the privacy of adolescents and challenges jurisprudential analyses claiming that developmental sciences do not offer important and useful tools to guide responses to adolescents' privacy. Lastly, Levesque responds to likely criticisms that may hamper the development of sociolegal stances more consistent with adolescents' needs for privacy as well as with societal concerns about privacy.

Expert Testimony on the Psychology of Eyewitness Identification

Author: Brian L. Cutler
Publisher: Oxford University Press
ISBN: 0199736634
Release Date: 2009-08-27
Genre: Psychology

Eyewitness testimony is highly compelling in a criminal trial, and can have an indelible impact on jurors. However, two decades of research on the subject have shown us that eyewitnesses are sometimes wrong, even when they are highly confident that they are making correct identifications. This book brings together an impressive group of researchers and practicing attorneys to provide current overviews and critiques of key topics in eyewitness testimony.

Rational Suicide Irrational Laws

Author: Susan Stefan
Publisher: Oxford University Press
ISBN: 9780199981205
Release Date: 2016-02-25
Genre: Psychology

When should we try to prevent suicide? Should it be facilitated for some people, in some circumstances? For the last forty years, law and policy on suicide have followed two separate and distinct tracks: laws aimed at preventing suicide and, increasingly, laws aimed at facilitating it. In Rational Suicide, Irrational Laws legal scholar Susan Stefan argues that these laws co-exist because they are based on two radically disparate conceptions of the would-be suicide. This is the first book that unifies policies and laws, including constitutional law, criminal law, malpractice law, and civil commitment law, toward people who want to end their lives. Based on the author's expert understanding of mental health and legal systems, analysis of related national and international laws and policy, and surveys and interviews with more than 300 suicide-attempt survivors, doctors, lawyers, and mental health professionals, Rational Suicide, Irrational Laws exposes the counterproductive nature of current policies and laws about suicide. Stefan proposes and defends specific reforms, including increased protection of mental health professionals from liability, increased protection of suicidal people from coercive interventions, reframing medical involvement in assisted suicide, and focusing on approaches to suicidal people that help them rather than assuming suicidality is always a symptom of mental illness. Stefan compares policies and laws in different states in the U.S. and examines the policies and laws of other countries in Europe, Asia, and the Americas, including the 2015 legalization of assisted suicide in Canada. The book includes model statutes, seven in-depth studies of people whose cases presented profound ethical, legal, and policy dilemmas, and over a thousand cases interpreting rights and responsibilities relating to suicide, especially in the area of psychiatric malpractice.

The Jury Under Fire

Author: Brian H. Bornstein
Publisher: Oxford University Press
ISBN: 9780190201364
Release Date: 2017-01-23
Genre: Law

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.

International Perspectives on Violence Risk Assessment

Author: Professor of Epidemiology and Violence Risk Assessment Jay P Singh
Publisher: Oxford University Press
ISBN: 9780199386291
Release Date: 2016-07-25
Genre: Risk assessment

With the world's prison population continuing to grow and the number of secure inpatient beds in psychiatric hospitals on the rise, establishing valid and reliable methods of identifying individuals who will commit violent acts is an important global health and public safety issue. One approach to identifying future offenders is through the use of risk assessment--unstructured and structured methods of predicting the likelihood of antisocial behavior. Although much has been written on the performance of risk assessment in research settings, little is known about current standards of practice and relevant public policy across the globe. International Perspectives on Violence Risk Assessment includes chapters by leading risk assessment scholars in more than 15 countries and explores the topic from a truly international outlook. Using findings from the seminal International Risk Survey (IRiS), the largest qualitative study in the history of the field, current assessment, management, and monitoring practices on six continents are explored. Authors identify and describe the most commonly used risk assessment tools, examine risk communication preferences, and provide recommendations for mental health practitioners, criminal justice professionals, and legal professionals. Finally, authors review the seminal research studies, current practice guidelines, and relevant legal statutes of their jurisdictions. This volume serves as an invaluable resource for researchers, practitioners, and policymakers interested in this rapidly evolving field.

Murder in the Courtroom

Author: Brigitte Vallabhajosula Ph.D.
Publisher: Oxford University Press
ISBN: 9780199995738
Release Date: 2015-01-02
Genre: Psychology

Answers to many legal questions often depend on our understanding of the relationship between the human brain and behavior. While there is no evidence to suggest that violence is the sole result of cognitive impairment, research does suggest that frontal lobe impairment in particular may contribute to the etiology of violent behavior. Murder in the Courtroom presents a comprehensive and detailed analysis of issues most relevant to answering questions regarding the link between cognitive functioning and violence. It is the first book to focus exclusively on the etiology and assessment of cognitive impairment in the context of violent behavior and the challenges courts face in determining the reliability of neuroscience evidence; provide objective discussions of currently available neuropsychological tests and neuroimaging techniques, and their strengths and limitations; provide a methodology for the assessment of cognitive dysfunction in the context of violent behavior that is likely to withstand a Daubert challenge; and include detailed discussions of criminal cases to illustrate important points. Clinical and forensic psychologists and psychiatrists, cognitive neuroscientists, and legal professionals will be able to use this book to further their understanding of the relationship between brain function and extreme violence.