More than the law : behavioral and social facts in legal decision making / Peter W. English, Bruce D. Sales.

Format:

Book

Author/Creator:

English, Peter W.

Contributor:

Sales, Bruce Dennis.

Anne and Joseph Trachtman Memorial Book Fund.

Series:

Law and public policy

The law and public policy : psychology and the social sciences

Language:

English

Subjects (All):

Law--United States--Psychological aspects.

Law.

Psychological aspects.

United States.

Physical Description:

xi, 272 pages ; 27 cm.

Place of Publication:

Washington, DC : American Psychological Association, [2005]

Summary:

Complex legal issues often involve contested facts that require expert knowledge. In such cases, legal decision makers look to experts from fields as diverse as the behavioral, social, biomedical, or physical sciences to help settle disputes.

More Than the Law: Behavioral and Social Facts in Legal Decision Making provides a fascinating and accessible introduction for students and other readers to the ways in which behavioral and social knowledge can and should inform legal decisions, as well as ways in which such knowledge can be misused. Eleven different stories are presented, highlighting major legal decisions such as mandatory testing for drug use in schools, abortion, use of the death penalty, and jury selection, among others.

Chapters include a presentation of each decision and an analysis that critically explores the behavioral and social facts relevant to the case. Through these stories, students will discover the complexities and problems that can result from the application of behavioral science to legal decisions. Behavioral and social science experts will come to understand the special duty they bear to provide legal decision makers with the most accurate information available. And empirical researchers will recognize vast opportunities for research that could have a real impact in the courts, legislatures, and administrative agencies. This exceptional book fills a gap in the field of legal studies, offering a sophisticated examination of the use of behavioral and social science facts in judicial, legislative, and administrative determinations.

Contents:

I Behavioral and Social Facts Are Used in Legal Decision Making 13

Chapter 2 Factual Knowledge Is Critical in Legal Decision Making 15

Example: Mandatory Testing for Drug Use by Student Athletes

Chapter 3 Multiple Sources of Factual Knowledge 37

Example: Abortion

II Why Behavioral and Social Factual Knowledge Is Used 61

Chapter 4 Identifying and Evaluating the Factual Assumptions Underlying Law 63

Example: Suggestibility of Child Witnesses

Chapter 5 Providing the Law With Factual Knowledge to Help Set Legal Goals 85

Example: Workplace Accommodation for Persons With Disabilities

Chapter 6 Aiding in the Resolution of Factual Disputes 105

Example: Trademark Infringement

Chapter 7 Aiding in the Resolution of Factual Disputes Relating to the Constitutionality of a Law 125

Example: Denying Female Applicants Entry into State-Supported All-Male Schools

Chapter 8 Providing Factual, Educational Knowledge to Aid Legal Decision Making 153

Example: Eyewitness Identification

III Problems Related to the Use of Behavioral and Social Factual Knowledge 173

Chapter 9 Law Refuses to Rely on Relevant Factual Knowledge 175

Example: Comprehension of Jury Instructions

Chapter 10 Relevant Factual Knowledge Does Not Yet Exist 195

Example: Deterring Illegal Police Behavior

Chapter 11 Factual Knowledge Presented Is Irrelevant to the Legal Issue 215

Example: Discriminatory Impact of the Death Penalty

Chapter 12 Factual Research Has Limitations 241

Example: Jury Selection.

Notes:

Includes bibliographical references and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the Anne and Joseph Trachtman Memorial Book Fund.

ISBN:

1591472555

OCLC:

57393700