Wrightsman’s Psychology and the Legal System

by Greene, Edith; Heilbrun, Kirk; Fortune, William H.; Nietzel, Michael T.

• ISBN13: 9780534521066
• ISBN10: 0534521061
• Edition: 6th
• Format: Hardcover
• Copyright: 2006-05-16
• Publisher: Wadsworth Publishing

Summary

The author team for WRIGHTSMAN'S PSYCHOLOGY AND THE LEGAL SYSTEM, Sixth Edition combines complementary expertise, active research, writing careers, and real world experience (as consultants working within the legal system) to produce a comprehensive text that is unparalleled in scholarship and writing style. The authorship, research base and comprehensive coverage make this text popular with instructors and students. This text demonstrates the importance of psychology to understanding the legal system and the impact on individuals' everyday lives through the use of real cases and questions formed to create discussions of these cases.

Table of Contents

1 Psychology and the Law: Impossible Choices	1	(32)
The Importance of Laws	2	(2)
Laws as Human Creations	2	(1)
Laws and the Resolution of Conflict	3	(1)
The Changing of Laws	3	(1)
The Psychological Study of Law	4	(1)
Basic Choices in the Psychological Study of the Law	5	(1)
The First Dilemma: Rights of Individuals versus the Common Good	6	(3)
Values in Conflict	6	(1)
Two Models of the Criminal Justice System	7	(2)
The Second Dilemma: Equality versus Discretion	9	(4)
Box 1.1: The case of Karla Faye Tucker and a governor's discretion	12	(1)
The Third Dilemma: To Discover the Truth or to Resolve Conflicts	13	(2)
Truth versus Conflict Resolution in Plea Bargaining and Settlement Negotiation	14	(1)
The Fourth Dilemma: Science versus the Law as a Source of Decisions	15	(3)
Law Is Doctrinal; Psychology Is Empirical	15	(2)
Law Functions by the Case Method; Psychology, by the Experimental Method	17	(1)
Law Deals with Absolutes; Psychology Deals with Probabilities	17	(1)
Law Supports Contrasting Views of Reality; Psychology Seeks to Clarify One Muddled View of Reality	17	(1)
Psychologists' Relationship to the Law	18	(4)
The Psychologist as a Basic Scientist of the Law	18	(1)
The Psychologist as an Applied Scientist in the Law	18	(2)
The Psychologist as a Policy Evaluator in the Law	20	(1)
The Psychologist as an Advocate in the Law	20	(2)
Ethical Considerations in Each Role	22	(2)
The Ethics of the Applied Scientist/Expert Witness	22	(1)
Box 1.2: The case of Tanya Tarasoff: The duty to protect	23	(1)
The Ethics of the Policy Evaluator	23	(1)
The Ethics of the Advocate	24	(1)
Legality versus Morality	24	(4)
Citizens' Sense of Morality and Legality	26	(2)
Box 1.3: The Case of Ralph Damms and the unloaded pistol	27	(1)
What Is Justice?	28	(5)
Distributive and Procedural Justice	29	(1)
Commonsense Justice: Everyday Intuitions about Fairness	30	(1)
Summary	31	(1)
Key Terms	32	(1)
2 The Legal System and Its Players	33	(30)
The Adversarial System	34	(1)
Courts	35	(6)
Box 2.1: The case of Terri Schiavo: A threat to judicial independence?	36	(2)
"Problem-Solving Courts"	38	(1)
Box 2.2: The case of a "client" of Justice Matthew D'Emic	39	(1)
Drug Courts	39	(1)
Mental Health, Homeless, and Family Courts	40	(1)
Criticisms of Problem-Solving Courts	41	(1)
Judges	41	(2)
How Are Judges Selected?	42	(1)
Alternative Dispute Resolution	43	(5)
Arbitration	44	(1)
Summary Jury Trial	45	(1)
Mediation	46	(2)
Lawyers	48	(13)
What Kind of Work Do Lawyers Do?	48	(4)
Box 2.3: The case of Clarence Gideon, his famous pauper's plea, and the right to an attorney	50	(2)
Law Schools and Legal Education	52	(1)
Women in Law School and the Legal Profession	52	(2)
Minorities in Law School and the Legal Profession	54	(2)
Box 2.4: The case of Barbara Grutter and her admission to law school	55	(1)
Trends in Lawyering	56	(2)
Lawyers and Ethics	58	(1)
Criticisms of Lawyers	59	(2)
Summary	61	(1)
Key Terms	62	(1)
3 Psychology of Crime	63	(30)
Box 3.1: The case of Jeffrey Dahmer: Can all crimes be explained?	68	(1)
Theories of Crime as Explanations of Criminal Behavior	68	(3)
Sociological Theories of Crime	71	(2)
Structural Explanations	71	(1)
Subcultural Explanations	72	(1)
Biological Theories of Crime	73	(3)
Psychological Theories of Crime	76	(4)
Psychoanalytic Theories of Crime	76	(1)
Criminal Thinking Patterns	77	(1)
Personality Defect as an Explanation of Criminality	77	(3)
Box 3.2: The case of Ted Bundy: Antisocial personality?	78	(2)
Social-Psychological Theories of Crime	80	(7)
Control Theories	80	(2)
Learning Theories	82	(4)
The Social Labeling Perspective	86	(1)
Integration of Theories of Crime	87	(4)
Summary	91	(1)
Key Terms	92	(1)
4 Psychology of Police	93	(31)
Selection of Police Officers	94	(5)
The Interview	97	(1)
Situational Tests	97	(1)
Box 4.1: The case of the unidentified skeleton	98	(1)
Psychological Tests	98	(1)
The Validity of Police Screening	99	(1)
Fitness-for-Duty Evaluations	100	(1)
Training of Police Officers	100	(1)
Training in Crisis Intervention	101	(8)
Interactions with Mentally Ill Citizens	101	(2)
Domestic Disturbances	103	(4)
Hostage Negotiation	107	(2)
The Police Officer's Job	109	(1)
Stress and the Police	110	(4)
Is There a Police Personality?	114	(2)
Police—Community Relations	116	(6)
Box 4.2: The case of Rodney King: Videotaped police brutality?	118	(1)
Box 4.3: The case of Edward Garner and limits on the use of deadly force	119	(3)
Summary	122	(1)
Key Terms	123	(1)
5 Crime Investigation: Witnesses	124	(31)
Examples of Mistaken Eyewitness Identification	126	(2)
Box 5.1: The case of Thomas Lee Goldstein: How to value 24 years lost to prison	127	(1)
Points at Which a Mistaken Eyewitness Identification Can Occur	128	(1)
Basic Information Processing: Perception and Memory	129	(3)
Perception	129	(1)
Memory	130	(2)
Distinguishing System and Estimator Variables	132	(2)
Assessing the Impact of Estimator Variables on Eyewitness Accuracy	132	(2)
Controlling the Impact of System Variables on Eyewitness Accuracy	134	(1)
Recommendations for Reforming Identification Procedures	134	(4)
Instructions to the Eyewitness	135	(1)
Selection of Fillers	135	(1)
Lineup Presentation Method	136	(1)
The Influence of Feedback	137	(1)
Use of Hypnosis with Eyewitnesses	138	(4)
What Is Hypnosis?	138	(1)
Effects of Hypnosis on Memory: Memory Aid or Altered Memory?	139	(1)
Legal Status of Hypnosis	140	(3)
Box 5.2: The case of Vicki Rock: Hypnosis and defendants	142	(1)
The Eyewitness in the Courtroom	142	(1)
Safeguards against Mistaken Identification	143	(4)
Evaluating the Effectiveness of Cross-Examination	143	(1)
Evaluating the Testimony of Psychologists	144	(2)
Evaluating the Effectiveness of Cautionary Jury Instructions	146	(1)
Repressed and Recovered Memories	147	(6)
Repressed Memories and Memory Recovery Therapy	148	(2)
Box 5.3: Recovered memories and the case against Father Paul Shanley	149	(1)
Creating Pseudomemories	150	(3)
Box 5.4: The case of Paul Ingram: Real memories or fabricated memories?	151	(1)
Box 5.5: The case of Gary Ramona, his daughter's false memories, and the therapists who suggested them	152	(1)
False Memories in Court	153	(1)
Summary	153	(1)
Key Terms	154	(1)
6 Identification and Evaluation of Criminal Suspects	155	(32)
Profiling of Criminal Suspects	156	(6)
Classifying Mass Murderers	158	(2)
Steps Involved in Criminal Profiling	160	(1)
The Validity of Criminal Profiles	161	(1)
"Lie Detection" via the Polygraph	162	(8)
Emergence of the Polygraph	162	(4)
Validity of Polygraph Procedures	166	(1)
Other "Lie Detection" Methods	167	(2)
Admissibility of Polygraph Records	169	(1)
Box 6.1: The case of Brian Lea and his rival's contaminated animals	170	(1)
Use of Confessions	170	(11)
Box 6.2: The case of Charles Graner: Interrogation, the war on terror, and torture	171	(1)
Historical Background and Current Legal Standing	171	(2)
Box 6.3: The case of the Central Park Jogger and five innocent suspects who confessed	172	(1)
Whittling Away at Miranda	173	(3)
Box 6.4: The case of Ernest Miranda and the right to remain silent: Forever changing the face of police work	174	(2)
The Validity of Confession Evidence	176	(1)
Inside the Interrogation Room: Common Interrogation Techniques and the Likelihood of False Confessions	177	(3)
Inside the Courtroom: How Jurors Evaluate Confession Evidence	180	(1)
Reforming the System to Prevent False Confessions	181	(1)
Entrapment	181	(4)
Box 6.5: The case of Billy Burgess: Entrapment on the Internet	182	(3)
Summary	185	(1)
Key Terms	186	(1)
7 Between Arrest and Trial	187	(27)
Steps between Arrest and Trial	188	(5)
The Initial Appearance	188	(1)
The Preliminary Hearing	189	(1)
The Grand Jury	189	(1)
Arraignment	189	(1)
Discovery and Pretrial Motions	190	(3)
The Decision to Set Bail	193	(4)
The Purposes of Bail	193	(1)
What Considerations Affect the Decision to Set Bail?	193	(2)
Box 7.1: The case of "Little Randy" Withers and the cybersearch for defendants on the run	194	(1)
Can High-Risk Defendants Be Identified?	195	(1)
Does Pretrial Release Affect Trial Outcome?	196	(1)
Plea Bargaining	197	(5)
Box 7.2: The case of "American Taliban" John Walker Lindh, and his guilty plea	198	(1)
Evaluations of Plea Bargaining	199	(2)
Ethical Issues in Plea Bargaining	201	(1)
Pretrial Publicity	202	(10)
Conflicting Rights	202	(1)
Box 7.3: The case of Scott Peterson: The "cliff-hanger that hooked the nation"	203	(1)
Court Decisions on Pretrial Publicity	203	(2)
Effects of Pretrial Publicity	205	(5)
Box 7.4: The case of Timothy McVeigh: Data on the prejudicial effects of massive pretrial publicity	208	(2)
Remedies for the Effects of Pretrial Publicity	210	(1)
Change-of-Venue Surveys	211	(1)
Summary	212	(1)
Key Terms	213	(1)
8 Forensic Assessment in Criminal Cases: Competence and Insanity	214	(36)
The Scope of Forensic Psychology	216	(1)
Competence	217	(13)
Adjudicative Competence	217	(4)
Box 8.1: The case of Jamie Sullivan: Assessing competence	220	(1)
Raising the Issue of Competence	221	(1)
Evaluating Competence	222	(4)
Results of Competence Evaluations	226	(1)
Amnesia and Competence to Stand Trial	227	(1)
Box 8.2: The case of Charles Sell: Involuntary medication to restore competence?	228	(1)
Competent with Medication, Incompetent Without	228	(1)
Other Competence Issues	228	(2)
The Insanity Defense	230	(18)
Rationale for the Insanity Defense	232	(1)
The M'Naghten Rule: An Early Attempt to Define Insanity	232	(1)
The Brawner Rule, Stemming from the Model Penal Code	233	(2)
Famous Trials and the Use of the Insanity Plea	235	(5)
Box 8.3: The case of John W. Hinckley Jr. and the attempted assassination of President Reagan	239	(1)
Facts about the Insanity Plea	240	(3)
Current Criticisms of the Insanity Defense	243	(2)
Revisions and Reforms of the Insanity Defense	245	(3)
Summary	248	(1)
Key Terms	249	(1)
9 Forensic Assessment in Civil Cases	250	(29)
Box 9.1: The Judas Priest trial: Expert opinion or junk science?	252	(1)
Experts in the Adversarial System	253	(2)
Psychological Damages to Civil Plaintiffs	255	(4)
Box 9.2: The case of "Lyle" and the goosing salesmen: Psychological injury in the workplace	257	(2)
Workers' Compensation	259	(4)
Civil Competencies	263	(3)
Assessing Competence to Make Treatment Decisions	264	(1)
Assessing Competence to Execute a Will	265	(1)
Psychological Autopsies	266	(2)
Box 9.3: The case of the U.S.S. Iowa	267	(1)
Child Custody and Parental Fitness	268	(4)
Box 9.4: The case of Ciesluk v. Ciesluk: Can a custodial parent move away?	271	(1)
Civil Commitment and Risk Assessment	272	(5)
Four Types of Commitment Procedures	273	(1)
Dangerousness and Risk Assessment	274	(1)
Difficulties in Assessing Dangerousness	274	(3)
Summary	277	(1)
Key Terms	278	(1)
10 The Trial Process	279	(1)
Box 10.1: The case of Bruno Richard Hauptman: Arguments and evidence	280	(1)
What Is the Purpose of a Trial?	280	(4)
The Trial as a Search for the Truth	282	(1)
The Trial as a Test of Credibility	282	(1)
The Trial as a Conflict-Resolving Ritual	283	(1)
Steps in the Trial Process	284	(3)
Preliminary Actions	284	(1)
Jury Selection	284	(1)
The Trial	284	(2)
Sentencing	286	(1)
The Appellate Process	287	(1)
Judges' Decisions versus Juries' Decisions	287	(7)
Determinants of Discrepancies	289	(1)
Jury Sentiments	290	(1)
A Critique of the Kalven and Zeisel Study	291	(1)
A New Look at Judge/Jury Differences	292	(2)
Box 10.2: The case of Laura Kriho: Jury nullifier	294	(1)
Jury Nullification	294	(6)
Empirical Evidence Concerning Jury Nullification	296	(1)
Jury Nullification and Racial Considerations	297	(2)
Box 10.3: The case of Byron de la Beckwith: Jury nullification and race	298	(1)
Some Final Thoughts on Jury Nullification	299	(1)
Summary	300	(1)
Key Terms	301	(1)
11 Jury Trials I: Jury Representativeness and Selection	302	(1)
The O.J. Simpson Criminal Trial as an Illustration of Jury Selection	303	(1)
Drawing a Panel, or Venire	303	(1)
Did the Jury Selection "Work"?	304	(1)
General Problems in Forming a Jury Panel	304	(5)
Judicial and Legislative Reforms	304	(2)
Devices Used for Drawing a Pool	306	(1)
Box 11.1: The cases of Rodney King: Does it matter who sits on the jury?	307	(1)
Exclusions, Nonresponses, and Exemptions: Threats to Representativeness?	307	(2)
Voir Dire: A Reasonable Process with Unreasonable Outcomes?	309	(1)
Challenges for Cause and Peremptory Challenges	310	(12)
Box 11.2: The case of Dianna Brandborg: The juror who would not to talk	311	(1)
The Batson Decision: No Exclusion on Account of Race	312	(1)
Peremptory Challenges and Other Juror Characteristics	313	(3)
Box 11.3: The case of Thomas Miller-El and the difficulty of proving racial bias in jury selection	314	(1)
Box 11.4: The case of J.E.B v. ex rel. T.B.: Whose child is this and who gets to decide?	315	(1)
Lawyers' Theories: Stereotypes in Search of Success	316	(1)
Demographic Characteristics of Jurors	317	(2)
Personality Characteristics of Jurors	319	(3)
"Scientific Jury Selection": Does It Work Any Better?	322	(2)
Box 11.5: The case of Thomas Blanton: A church bombing and a jury consultant	324	(1)
Lawyers, Psychologists, and Ethics: Problems with Jury Selection	324	(3)
Summary	327	(1)
Key Terms	327	(1)
12 Jury Trials II: Concerns and Reforms	328	(4)
Box 12.1: The case of the Exxon Valdez and the "excessive" damage award	331	(1)
The Concern That Juries May Not Be Competent	332	(15)
Concern about the Effects of Extralegal Information	332	(1)
Impact of Extralegal Information in Criminal Cases	333	(2)
Box 12.2: The case of Charles Falsetta and his propensity to commit sex crimes	335	(1)
Impact of Extralegal Information in Civil Cases	335	(3)
Instructions to Disregard Inadmissible Evidence: How Effective?	338	(2)
Concern about the Effects of Expert Testimony	340	(2)
Box 12.3: The case ofAlexander Pring-Wilson, his expert witness, and the issue of a concussion	341	(1)
Concern about Jurors' Abilities to Understand and Apply Their Instructions	342	(3)
Concern about Jurors'Abilities to Decide Complex Cases	345	(2)
The Concern That Juries May Be Biased	347	(4)
The Assumption of a Blank Slate	347	(1)
Box 12.4: The case of Michael Jordan: The search for unbiased jurors	348	(1)
Inevitability of Juror Bias	348	(3)
Jurors' Inferences and the Stories They Tell	351	(1)
Jury Reform	352	(3)
The Jury: Should It Be Venerated or Vilified? Revered or Reviled?	355	(1)
Summary	356	(1)
Key Terms	356	(1)
13 Psychology of Victims	357	(1)
Perception of Victims	358	(1)
Types of Victims	358	(3)
Victims of Violent Crime	361	(1)
Is Violence Inherited?	361	(1)
Violent Victimization and Posttraumatic Stress Disorder	362	(2)
Box 13.1: The case of Jim: Posttraumatic stress disorder	363	(1)
Battered Spouses	364	(8)
The Psychology of Rape 369 Responding to Rape Victims	372	(10)
Legislation and Court Decisions	376	(3)
Preventing Rape	379	(3)
Detecting the Rapist	382	(1)
Sexual Harassment	382	(7)
Prevalence Rapes	383	(1)
Defining Sexual Harassment	384	(4)
Box 13.2: The case of Teresa Harris: Sexual harassment on the job	387	(1)
Applying Psychological Knowledge to Detecting Harassment	388	(1)
Offenders as Victims	389	(1)
Summary	390	(1)
Key Terms	390	(1)
14 Children, Adolescents, and the Law	391	(1)
Juvenile Offenders	392	(1)
The Juvenile Justice System	392	(8)
Juveniles' Due Process Rights	394	(1)
Box 14.1: The case of Gerald Gault: The rights of juveniles	395	(1)
Sanctioning Juvenile Offenders: The Death Penalty for Teens?	395	(2)
The Miranda Capacities of Juvenile Defendants	397	(2)
The Adjudicative Competence of Juveniles	399	(1)
Children as Victims	400	(2)
Child Maltreatment, the Cycle of Abuse, and Abuse Prevention	400	(2)
Children as Witnesses	402	(10)
The Reliability of Children's Eyewitness Memories	403	(1)
Children as Witnesses in Child Sexual Abuse Cases	403	(2)
The Effects of Suggestive Questioning	405	(3)
Box 14.2: The case of Margaret Kelly Michaels: Real or surreal memories?	406	(2)
Is Suggestive Questioning Necessary?	408	(1)
The Child Witness in the Courtroom	409	(1)
Procedural Modifications When Children Are Witnesses	410	(2)
Juveniles' Right to Self-determination	412	(2)
Children in Nontraditional Families	414	(3)
Box 14.3: The case of Bottoms v. Bottoms: Children of gays and lesbians	416	(1)
Summary	417	(1)
Key Terms	418	(1)
15 Punishment, Sentencing, and Corrections	419	(1)
Crime Control and the Purposes of Punishment	420	(2)
Sentencing: Difficult Choices	422	(5)
Discretion Justified as a Value	423	(3)
Box 15.1: The case of Curtis Lee Robin and his 30 nights in the doghouse	425	(1)
Sentencing Disparity and the Quest for Equal Treatment	426	(1)
Determinants of Sentencing: Relevant and Irrelevant	427	(2)
The Sentencing Process	429	(1)
The Sentencing Hearing	429	(1)
What Predicts the Sentence?	429	(1)
The Sentencing of Sex Offenders	429	(5)
Registration and Notification	430	(1)
Involuntary Commitment	431	(2)
Box 15.2: The case of Leroy Hendricks: Lock 'em up and throw away the key?	432	(1)
Sex Offender Treatments	433	(1)
The Death Penalty: The Ultimate Punishment	434	(10)
The Question of Innocence	435	(1)
Justifications for the Death Penalty	436	(1)
Box 15.3: The case of Kirk Bloodsworth: The worth of his blood and his exoneration on death row	437	(1)
Equality versus Discretion in Application of the Death Penalty	437	(1)
Capital Jury Decision Making	438	(4)
Box 15.4: The case of Warren McClesky: Does race matter?	439	(3)
Mental Retardation 441 Voluntary Executions	442	(1)
Psychologists' Role in Capital Cases	443	(1)
The Rights of Prisoners	444	(5)
Due Process Rights	445	(1)
Cruel and Unusual Punishment	445	(3)
Rights to Free Communication	448	(1)
Religious Rights	448	(1)
Summary	449	(1)
Key Terms	450	(1)
GLOSSARY	451	(12)
REFERENCE'S	463	(42)
CREDITS	505	(1)
NAME INDEX	506	(13)
SUBJECT INDEX	519