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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.
A provocative critique of the relationship between the legal system and psychology that uses chaos theory to offer a more humane alternative.
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.
In this volume 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.
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.
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.
This book is the authoritative work for students and professionals in psychology and 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"--