Taking psychology and law into the twenty-first century / edited by James R.P. Ogloff.

Format:

Book

Contributor:

Ogloff, James R. P.

Series:

Perspectives in law & psychology ; v. 14.

Perspectives in law & psychology ; v. 14

Language:

English

Subjects (All):

Law--Psychological aspects.

Law.

Forensic psychology.

Sociological jurisprudence.

Physical Description:

xxii, 413 pages : illustrations ; 24 cm.

Place of Publication:

New York : Kluwer Academic/Plenum, [2002]

Summary:

During his term as President of APA-LS/Division 41, James Ogloff organized a comprehensive program of research reviews in the area of the law and psychology. Taking Psychology and Law into the Twenty-First Century is the product of that program. In these pages top scholars contribute chapters covering a wide range of topics including jurisprudence, competency, children, forensic risk assessment, eyewitness testimony, jurors and juries, lawsuits, and civil law. Also included is an introductory chapter by the editor. The result is a unique and comprehensive treatment of the issues at the confluence of these disciplines.

Contents:

Chapter 1. Two Steps Forward and One Step Backward: The Law and Psychology Movement(s) in the 20th Century / James R. P. Ogloff

The First Step Forward

the Germination and Sprouting of Law and Psychology 4

One Step Back

the Wilting of the Law and Psychology Movement 7

The Second Step Forward

the Rebirth of Law and Psychology in the 1960s 8

Toward a Continued Strengthening of the Law and Psychology Movement in the New Millennium 11

A Rose by Any other Name? The Name and Definition of the Field 12

The Identity of Those Who Work in the Field of Legal Psychology 14

Securing Our Place in Psychology 15

The Need to Focus on the Training and Career Options of Our Students 16

Legal Psychologists Must be Sophisticated and Knowledgeable About the Law 18

Work in Legal Psychology Must Develop a Theoretical Foundation 19

The Need to Remain Objective

in Science and in Practice 21

The Field of Legal Psychology Needs to Expand to Cover Additional Areas of Law 21

Becoming Less Parochial 22

The Fight Against Sexism and Ethnocentrism 23

We Must Continue to Identify and Secure Funding for the Research and Practical Work in Our Field 24

The Need for Increased Communication and Support for those Who Work in Legal Psychology 25

The Need to Increase the Impact Our Work Has on the Legal System 26

Chapter 2. Psychological Jurisprudence: Taking Psychology and Law into the Twenty-First Century / John Darley, Sol Fulero, Craig Haney, Tom Tyler

Deterrence: The Standard Approach 37

Psychological Jurisprudence 41

The Role of Morality and Legitimacy in Producing Law-Abidingness 41

Value Socialization 44

Sustaining a Legal Culture: The Morality and Legitimacy of the Legal System 46

Criminal Codes and Citizens' Morality 46

Attempted Crimes 47

Rape and Sexual Intercourse 48

Omissions: Failing to Help 48

The Criminalization of Everything 48

Code and Citizen Disconnects: Consequences and Cures 49

Irreducible Moral Conflicts 51

Sustaining a Legal Culture: The Legitimacy of Legal Authorities 51

Law Abidingness as a Model for the Rule of Law 53

Implications for Law 54

Personal Experiences with Legal Authorities 54

The Acceptance of Law and Legal Policy 56

Mental Health Law 56

Chapter 3. Children, Psychology, and Law: Reflections on Past and Future Contributions to Science and Policy / Bette L. Bottoms, N. Dickon Reppucci, Jennifer A. Tweed, Kari L. Nysse-Carris

Outstanding Past Accomplishments: What Can They Teach Us? 62

Central Areas of Research in the Field of Children, Psychology, and Law 63

Juvenile Justice 65

Medical Decision Making 71

Divorce, Custody, and Technology-Assisted Family Planning 73

Child Maltreatment 79

Children's Eyewitness Testimony 83

Other Legally Relevant Domains of Child/Law Research 89

Research, Policy, and Law: Toward Closer Future Alliances 90

Moving Beyond Convention, Becoming More Proactive 91

Methodological Issues 94

Disseminating Psychological Research Relevant to Policy and Law 100

Cautionary Notes and Conclusions 105

Chapter 4. Forensic Assessment: Current Status and Future Directions / Kirk Heilbrun, Richard Rogers, Randy Otto

History of Forensic Assessment: A Summary 120

Forensic Assessment Instruments: A Typology 127

Forensic Assessment Instruments 128

Forensically Relevant Instruments 130

Clinical Measures 131

Development and Use of Forensic Assessment Instruments: Important Considerations 132

Developmental Influences 132

Population-Specific Influences 133

Cultural Influences 134

Capacities Versus Ultimate Legal Issue Focus 135

Relevant Law 136

Standards for Educational and Psychological Testing 137

Ethical Principles of Psychologists and Code of Conduct 137

Specialty Guidelines for Forensic Psychologists 138

Standard of Practice Literature 138

Checklist for Use of Forensic Assessment Instruments, Forensically Relevant Measures, and Psychological Tests in Forensic Contexts 139

Commercial Publication of the Test 140

Available Test Manual 140

Demonstrated Levels of Reliability 140

Demonstrated Levels of Validity 140

Successful Peer Review 141

Decision Making Formulas are Known to the Examiners 141

Chapter 5. Risk Assessment / Dale E. McNiel, Randy Borum, Kevin S. Douglas, Stephen D. Hart, David Lyon, Lynne E. Sullivan, James F. Hemphill

Recent Advances 148

Shift in Models from Dangerousness to Risk Assessment 148

Establishment of Association Between Violence and Mental Disorder 149

Recognition that the Base Rates of Violence are Higher Than Once Thought 150

Recognition that Clinicians Have Some Degree of Predictive Accuracy 151

Development of New Information About Specific Risk Factors 151

Development of New Assessment Approaches 152

Current Issues 153

Inadequate Conceptualization of Violence 153

Insufficient Theory, Especially About the Causes of Violence 154

Overemphasis on Static, Historical, and Dispositional Risk Factors and Inattention to Contextual, Dynamic, and Protectic Factors 154

Lack of Integration of Science and Practice 155

Insufficient Psycholegal Analysis 155

Impact of Legal Mechanisms Relevant to Violence Risk Assessment 157

Recommendations for the Future 160

Increased Reliance on Theory 160

Conceptual Analysis of Violence 160

Study of Clinical Decision Making About Violence Risk 160

Use of Interdisciplinary Approaches 161

Dissemination 163

Development of Training and Educational Materials 163

Ethical Issues 164

Chapter 6. Competency: Past, Present, and Future / Patricia A. Zapf, Jodi L. Viljoen, Karen E. Whittemore, Norman G. Poythress, Ronald Roesch

Past: Review of the Field 172

Criteria 173

Assessment 176

Treatment 179

Present: Commentary on the Field 182

Advancements and Obstacles 182

Psycholegal Applications 184

Psycholegal Investigation of Legal Phenomena 186

Psychological Evaluation of Law 189

The Phemenology of Law 190

Future: Bridge to the Future 191

Methods Likely to be Successful in the Future 191

Substantive Areas Upon Which to Focus 192

Chapter 7. Eyewitness Research / R. C. L. Lindsay, John C. Brigham, C. A. Elizabeth Brimacombe, Gary L. Wells

Review of the Field 200

Factors Leading to Success 201

Notable Successes 202

Obstacles to Success: Past and Present 205

Unique Issues Pertaining to Women and Minority Populations 208

The Experience of Law: The Phenomenology of Law 209

Understanding the Law 209

What Do Lay People Understand About the Law? 209

Role of Psychology in Educating People About Law 210

Bridge to the Future 212

Identifying Behavioral Assumptions in the Law 212

Suggestions for Further Research 214

Chapter 8. Jurors and Juries: A Review of the Field / Edith Greene, Sonia R. Chopra, Margaret Bull Kovera, Steven D. Penrod, V. Gordon Rose, Regina Schuller, Christina A.

Studebaker

Jurors and Juries: A Review of the Field 225

A Review of What We Know 227

Jury Selection 227

Are Juror Characteristics Related to Verdict? 227

Does Jury Selection Identify Biased Jurors? 229

Does the Jury Selection Process Produce Better Juror Decisions? 230

The Influence of Evidence on Juror Decisions 231

Eyewitness Testimony 231

Expert Evidence 232

Hearsay Evidence 234

Judicial Instructions 235

Jury Deliberations 238

Decisions About Damages 240

Decision Making in Complex Civil Cases 243

Models of Juror and Jury Decision Making 244

How We Know What We Know 246

Early History of Jury Research 247

Bringing Attention to Legal Relevance 248

Psychology and Law Becomes Its Own Field 250

A Closer Look at Research Methods 252

Are There Method Factor Main Effects or Interactions with Other Variables? 253

Growth and Impact of Jury Research 255

A Look to the Future 258

The Jury Reform Movement 258

Emerging and Novel Areas of Research 263

Juror-Centered Research 264

Cross-Cultural Studies 265

Grand Jury Procedures and Reforms 266

Technology in the Courtroom 267

The Internet 268

Online Research 269

Communicating with the Legal System 270

Chapter 9. The Monetary Worth of Psychological Injury: What Are Litigants Suing For? / Joti Samra, William J. Koch

The Economics of Mental Injuries 286

Mechanisms for Obtaining Redress for Psychological Injuries 286

Approaches to Estimating Mental Health Costs 287

Direct and Indirect Costs of Mental Health Conditions 289

The Litigation Conundrum 299

Does Litigation Exacerbate Psychological Losses? 301

Does Compensation Motivation Influence Psychological Symptoms of Litigants? 303

Caveats in Determining Causation in Litigation Contexts 304

Future Directions in Civil Forensic Psychology 307

Economics of Psychological Injuries 307

Litigation as a Confounding Variable 310

Chapter 10. Psychological Issues in Civil Law / Tristin Wayte, Joti Samra, Jennifer K. Robbennolt, Larry Heuer, William J. Koch

Perceptions of Justice 325

Attributes Affecting The Likelihood of Pretrial Settlement 325

Rational Models of Decision Making 326

Cognitive Theories 327

Procedural Justice Theory 330

Satisfaction and Perceived Fairness 332

Individual Differences in Litigiousness and Perceived Fairness 338

Gender Differences 339

Prevalence and Reporting Rates of Sexual Harassment 339

Intra-Organizational Complaint Procedures 340

Personality Characteristics 341

Cultural Differences 344

Decisionmaking in Civil Law 345

Complex Litigation 345

Liability Judgements 346

Damage Awards 348

Attitudes and Perceptions About Civil Litigation 350

Contracts and Property Law 353

Contract Law 353

Property Law 355

Future Research 356

Perceptions of Justice 356

Decisionmaking 357

Contracts and Property 358

Commerce and Business 358

Chapter 11. Evaluating Published Research in Psychology and Law: A Gatekeeper Analysis of Law and Human Behavior / Richard L. Wiener, Ryan J. Winter, Melanie Rogers, Hope Seib, Shannon Rauch, Karen Kadela, Amy Hackney, Laura Warren

Law, Psychology, and a Standard of Review 372

The Saint Louis Conference 376

Detailed Analysis of Empirical Research: A Standard and Some Examples 385

Jury Decision Making 389

Forensic Psychology 392

Eyewitness Identification 395

Corrections 397

Planned Critical Multiplism and the Gatekeepers of Empirical Science 400.

Notes:

Includes bibliographical references and index.

ISBN:

0306467607

OCLC:

49226065