Wrightsman’s Psychology and the Legal System,9780534521066

Wrightsman’s Psychology and the Legal System

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Edition: 6th
ISBN13: 9780534521066
ISBN10: 0534521061
Format: Hardcover
Pub. Date: 2006-05-16
Publisher(s): Wadsworth Publishing
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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

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