Legal blame : how jurors think and talk about accidents / Neal Feigenson.

Format:

Book

Author/Creator:

Feigenson, Neal.

Series:

Law and public policy

The law and public policy

Language:

English

Subjects (All):

Jury--United States.

Jury.

Accident law.

Psychological aspects.

United States.

Judicial process--United States.

Judicial process.

Accident law--Psychological aspects.

Physical Description:

x, 301 pages ; 26 cm.

Edition:

First edition.

Place of Publication:

Washington, DC : American Psychological Association, [2000]

Summary:

Legal Blame sheds new light on how jurors interpret justice in the wake of accidents. It also reveals much about the psychology of jury decision making in general. Using case material, the author analyzes both the words lawyers use to help jurors assign blame and the words jurors themselves use as they make decisions. With minimal use of jargon, the author discusses the relevant social and cognitive literature and shows how jurors' everyday habits of thought and feeling inform their deliberations. Neal Feigenson's thesis is that jurors use legal facts and rules, in combination with common sense, to process what he calls total justice. Contrary to stereotypes about jurors, both emotion and reason appear to be central in reaching a decision that feels right to the jury.

Legal Blame explains psychology in a way that is understandable to nonpsychologists and the law in a way that is understandable to nonlawyers. This book is for forensic psychologists, practicing students, lawyers, and anyone interested in learning about the psychology of legal persuasion.

Contents:

Chapter 1. Legal Rules and Expert Rationales: Accident Law and Philosophy 23

Chapter 2. The Social Psychology of Juror Judgments I: Cognitive Frameworks and Heuristics 41

Chapter 3. The Social Psychology of Juror Judgments II: Emotions and Legal Judgment 69

Chapter 4. How Jurors Think About Accidents 87

Chapter 5. The Rhetoric of Accidents: How Advocates Help Jurors Think About Liability and Damages 113

Chapter 6. Accidents as Melodrama: Lawyers' Arguments and Jurors' Responses 151

Chapter 7. Prior Beliefs and Common-Sense Judgment: Mock Jurors Deliberate a Medical Malpractice Case 171

Chapter 8. Some Implications of Legal Blaming 211

Appendix Note on Emotions and Social Judgment 235.

Notes:

Includes bibliographical references (pages 245-280) and indexes.

ISBN:

1557986770

OCLC:

43296570