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Psychological jurisprudence—or the use of psychology in the legal realm—relies on theories and methods of criminal justice and mental health to make decisions about intervention, policy, and programming. While the intentions behind the law-psychology field are humane, the results often are not. This book provides a "radical" agenda for psychological jurisprudence, one that relies on the insights of literary criticism, psychoanalysis, feminist theory, political economy analysis, postmodernism, and related strains of critical thought. Contributors reveal the roots of psycholegal logic and demonstrate how citizen justice and structural reform are displaced by so-called science and facts. A number of complex issues in the law-psychology field are addressed, including forensic mental health decision-making, parricide, competency to stand trial, adolescent identity development, penal punitiveness, and offender rehabilitation. In exploring how the current resolution to these and related controversies fail to promote the dignity or empowerment of persons with mental illness, this book suggests how the law-psychology field can meaningfully contribute to advancing the goals of justice and humanism in psycholegal theory, research, and policy.
From the initial investigation of a crime to the sentencing of an offender, many everyday practices within the criminal justice system involve complex psychological processes. This volume analyzes the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Factors that influence decision making by jurors and judges are examined as well. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.
This new book written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., Manual has been formatted and written to guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.
Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.
The latest entry in this noteworthy series continues its focus on psychological issues relating to legal and judicial matters, with sound recommendations for situational and system-wide improvement. Salient concerns are described both in areas where their existence is frequently acknowledged (juror impartiality, the juvenile justice system) and where they are rarely considered (Miranda warnings, forensic mental health experts). Authors describe differences between professional and lay concepts of justice principles--and the resulting disconnect between community sentiment and the law. Throughout these chapters, psychological nuances and their legal implications are made clear as they relate to lawyers, jurors, suspects, and victims. Included among the topics: · From the headlines to the jury room: an examination of the impact of pretrial publicity on jurors and juries. · Victim impact statements in capital sentencing: 25 years post-Payne. · Psychology and the Fourth Amendment. · Examining the presenting characteristics, short-term effects, and long-term outcomes associated with system-involved youths. · Indigenous youth crime: an international perspective. · An empirical analysis of law-psychology journals: who’s publishing and on what? As with the others in the series, this third volume of Advances in Psychology and Law will interest researchers in legal psychology and related disciplines (e.g., criminal justice) as well as practicing attorneys, trial consultants, and clinical psychologists.
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.
"The Roots of Modern Psychology and Law: A Narrative History reveals how the field of psychology and law developed during the first decade following the founding of the American Psychology-Law Society"--
Features the groundbreaking law-related research of political psychologists. Includes leading legal scholars' commentary and analysis of political psychologists' work. The first book to bring together experts to discuss the interaction between psychology, ideology, and law.
Over 350 entries provide an authoritative & comprehensive A-Z list of topics in psychology and law, including criminal behaviour and treatment, juvenile offenders, eyewitness memory, forensic assessment and diagnosis, and trial processes.