The Jury Reform Movement. Emerging and Novel Areas of Research. Juror-Centered Research. Cross-Cultural Studies. Grand Jury Procedures and Reforms.
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 One Step Back—the Wilting of the Law and Psychology Movement The Second Step Forward—the Rebirth of Law and Psychology in the 1960s Toward a Continued Strengthening of the Law and Psychology Movement in the New Millennium A Rose by Any other Name? The Name and Definition of the Field The Identity of Those Who Work in the Field of Legal Psychology Securing Our Place in Psychology The Need to Focus on the Training and Career Options of Our Students Legal Psychologists Must be Sophisticated and Knowledgeable About the Law Work in Legal Psychology Must Develop a Theoretical Foundation The Need to Remain Objective—in Science and in Practice The Field of Legal Psychology Needs to Expand to Cover Additional Areas of Law Becoming Less Parochial The Fight Against Sexism and Ethnocentrism We Must Continue to Identify and Secure Funding for the Research and Practical Work in Our Field xv
4 7 8
11 12 14 15 16 18 19 21 21 22 23 24
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CONTENTS
The Need for Increased Communication and Support for those Who Work in Legal Psychology The Need to Increase the Impact Our Work Has on the Legal System Conclusion References
25 26 28 28
CHAPTER 2. PSYCHOLOGICAL JURISPRUDENCE: TAKING PSYCHOLOGY AND LAW INTO THE TWENTY-FIRST CENTURY John Darley, Sol Fulero, Craig Haney, and Tom Tyler Deterrence: The Standard Approach Psychological Jurisprudence The Role of Morality and Legitimacy in Producing Law-Abidingness Value Socialization Sustaining a Legal Culture: The Morality and Legitimacy of the Legal System Criminal Codes and Citizens' Morality Attempted Crimes Rape and Sexual Intercourse Omissions: Failing to Help The Criminalization of Everything Code and Citizen Disconnects: Consequences and Cures Irreducible Moral Conflicts Sustaining a Legal Culture: The Legitimacy of Legal Authorities Law Abidingness as a Model for the Rule of Law Implications for Law Personal Experiences with Legal Authorities The Acceptance of Law and Legal Policy Mental Health Law References
37 41 41 44 46 46 47 48 48 48 49 51 51 53 54 54 56 56 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, and Kari L. Nysse-Carris Outstanding Past Accomplishments: What Can They Teach Us?.
62
CONTENTS Central Areas of Research in the Field of Children, Psychology, and Law Juvenile Justice Medical Decision Making Divorce, Custody, and Technology-Assisted Family Planning Child Maltreatment Children's Eyewitness Testimony Other Legally Relevant Domains of Child/Law Research Research, Policy, and Law: Toward Closer Future Alliances Moving Beyond Convention, Becoming More Proactive Methodological Issues Disseminating Psychological Research Relevant to Policy and Law Cautionary Notes and Conclusions References
xvii
63 65 71 73 79 83 89 90 91 94 100 105 106
CHAPTER 4. FORENSIC ASSESSMENT: CURRENT STATUS AND FUTURE DIRECTIONS Kirk Heilbrun, Richard Rogers, and Randy Otto History of Forensic Assessment: A Summary Forensic Assessment Instruments: A Typology Forensic Assessment Instruments Forensically Relevant Instruments Clinical Measures Development and Use of Forensic Assessment Instruments: Important Considerations Developmental Influences Population-Specific Influences Cultural Influences Capacities Versus Ultimate Legal Issue Focus Relevant Law Standards for Educational and Psychological Testing Ethical Principles of Psychologists and Code of Conduct Specialty Guidelines for Forensic Psychologists Standard of Practice Literature Checklist for Use of Forensic Assessment Instruments, Forensically Relevant Measures, and Psychological Tests in Forensic Contexts Commercial Publication of the Test Available Test Manual
120 127 128 130 131 132 132 133 134 135 136 137 137 138 138
139 140 140
xviii
CONTENTS
Demonstrated Levels of Reliability Demonstrated Levels of Validity Successful Peer Review Decision Making Formulas are Known to the Examiners Conclusion References
140 140 141 141 141 142
CHAPTER 5. RISK ASSESSMENT Dale E. McNiel, Randy Borum, Kevin S. Douglas, Stephen D. Hart, David Lyon, Lynne E. Sullivan, and James F. Hemphill Recent Advances Shift in Models from Dangerousness to Risk Assessment Establishment of Association Between Violence and Mental Disorder Recognition that the Base Rates of Violence are Higher Than Once Thought Recognition that Clinicians Have Some Degree of Predictive Accuracy Development of New Information About Specific Risk Factors Development of New Assessment Approaches Current Issues Inadequate Conceptualization of Violence Insufficient Theory, Especially About the Causes of Violence Overemphasis on Static, Historical, and Dispositional Risk Factors and Inattention to Contextual, Dynamic, and Protectic Factors Lack of Integration of Science and Practice Insufficient Psycholegal Analysis Impact of Legal Mechanisms Relevant to Violence Risk Assessment. Recommendations for the Future Increased Reliance on Theory Conceptual Analysis of Violence Study of Clinical Decision Making About Violence Risk Use of Interdisciplinary Approaches Dissemination Development of Training and Educational Materials Ethical Issues
148 148 149 150 151 151 152 153 153 154
154 155 155 157 160 160 160 160 161 163 163 164
CONTENTS Summary References
xix 165 165
CHAPTER 6. COMPETENCY: PAST, PRESENT, AND FUTURE Patricia A. Zapf, Jodi L. Viljoen, Karen E. Whittemore, Norman G. Poythress, and Ronald Roesch Past: Review of the Field Criteria Assessment Treatment Present: Commentary on the Field Advancements and Obstacles Psycholegal Applications Psycholegal Investigation of Legal Phenomena Psychological Evaluation of Law The Phemenology of Law Future: Bridge to the Future Methods Likely to be Successful in the Future Substantive Areas Upon Which to Focus References
172 173 176 179 182 182 184 186 189 190 191 191 192 194
CHAPTER 7. EYEWITNESS RESEARCH R. C. L. Lindsay, John C. Brigham, C. A. Elizabeth Brimacombe and, Gary L. Wells Review of the Field Factors Leading to Success Notable Successes Obstacles to Success: Past and Present Unique Issues Pertaining to Women and Minority Populations The Experience of Law: The Phenomenology of Law Understanding the Law What Do Lay People Understand About the Law? Role of Psychology in Educating People About Law Bridge to the Future Identifying Behavioral Assumptions in the Law Suggestions for Further Research Conclusion References
200 201 202 205 208 209 209 209 210 212 212 214 219 219
CONTENTS
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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, and Christina A. Studebaker Jurors and Juries: A Review of the Field A Review of What We Know Jury Selection Are Juror Characteristics Related to Verdict? Does Jury Selection Identify Biased Jurors? Does the Jury Selection Process Produce Better Juror Decisions? The Influence of Evidence on Juror Decisions Eyewitness Testimony Expert Evidence Hearsay Evidence Judicial Instructions Jury Deliberations Decisions About Damages Decision Making in Complex Civil Cases Models of Juror and Jury Decision Making How We Know What We Know Early History of Jury Research Bringing Attention to Legal Relevance Psychology and Law Becomes Its Own Field A Closer Look at Research Methods Are There Method Factor Main Effects or Interactions with Other Variables? Growth and Impact of Jury Research A Look to the Future The Jury Reform Movement Emerging and Novel Areas of Research Juror-Centered Research Cross-Cultural Studies Grand Jury Procedures and Reforms Technology in the Courtroom The Internet Online Research Communicating with the Legal System References
225 227 227 227 229 230 231 231 232 234 235 238 240 243 244 246 247 248 250 252 253 255 258 258 263 264 265 266 267 268 269 270 271
CONTENTS
xxi
CHAPTER 9. THE MONETARY WORTH OF PSYCHOLOGICAL INJURY: WHAT ARE LITIGANTS SUING FOR? Joti Samra and William J. Koch The Economics of Mental Injuries Mechanisms for Obtaining Redress for Psychological Injuries Approaches to Estimating Mental Health Costs Direct and Indirect Costs of Mental Health Conditions The Litigation Conundrum Does Litigation Exacerbate Psychological Losses? Does Compensation Motivation Influence Psychological Symptoms of Litigants? Caveats in Determining Causation in Litigation Contexts Future Directions in Civil Forensic Psychology Economics of Psychological Injuries Litigation as a Confounding Variable Conclusion References
286 286 287 289 299 301 303 304 307 307 310 311 312
CHAPTER 10. PSYCHOLOGICAL ISSUES IN CIVIL LAW Tristin Wayte, Joti Samra, Jennifer K. Robbennolt, Larry Heuer, and William J. Koch Perceptions of Justice Attributes Affecting The Likelihood of Pretrial Settlement Rational Models of Decision Making Cognitive Theories Procedural Justice Theory Satisfaction and Perceived Fairness Individual Differences in Litigiousness and Perceived Fairness Gender Differences Prevalence and Reporting Rates of Sexual Harassment Intra-Organizational Complaint Procedures Personality Characteristics Cultural Differences Decisionmaking in Civil Law Complex Litigation Liability Judgements Damage Awards Attitudes and Perceptions About Civil Litigation Contracts and Property Law
325 325 326 327 330 332 338 339 339 340 341 344 345 345 346 348 350 353
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CONTENTS
Contract Law Property Law Future Research Perceptions of Justice Decisionmaking Contracts and Property Commerce and Business Conclusion References
353 355 356 356 357 358 358 359 360
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, and Laura Warren Law, Psychology, and a Standard of Review The Saint Louis Conference Detailed Analysis of Empirical Research: A Standard and Some Examples Jury Decision Making Forensic Psychology Eyewitness Identification Corrections Planned Critical Multiplism and the Gatekeepers of Empirical Science References SUBJECT INDEX
372 376 385 389 392 395 397 400 403 407
