More Than The Law: Behavioral and Social

Complex legal issues often involve contested facts that require expert knowledge. In such cases, legal decision makers look to experts from fields as diverse as the behavioral, social, biomedical, or physical sciences to help settle disputes.

Bruce D. Sales is professor of psychology, sociology, psychiatry, and law at the University of Arizona, where he is also director if its Psychology, Policy, and Law Program.

Acknowledgments

xi

Introduction

3

(10)

I. Behavioral and Social Facts Are Used in Legal Decision Making

13

(48)

Factual Knowledge Is Critical in Legal Decision Making

15

(22)

Example: Mandatory Testing for Drug Use by Student Athletes

Multiple Sources of Factual Knowledge

37

(24)

Example: Abortion

II. Why Behavioral and Social Factual Knowledge Is Used

61

(112)

Identifying and Evaluating the Factual Assumptions Underlying Law

63

(22)

Example: Suggestibility of Child Witnesses

Providing the Law With Factual Knowledge to Help Set Legal Goals

85

(20)

Example: Workplace Accommodation for Persons With Disabilities

Aiding in the Resolution of Factual Disputes

105

(20)

Example: Trademark Infringement

Aiding in the Resolution of Factual Disputes Relating to the Constitutionality of a Law

125

(28)

Example: Denying Female Applicants Entry into State-Supported All-Male Schools

Providing Factual, Educational Knowledge to Aid Legal Decision Making

153

(20)

Example: Eyewitness Identification

III. Problems Related to the Use of Behavioral and Social Factual Knowledge

173

(86)

Law Refuses to Rely on Relevant Factual Knowledge

175

(20)

Example: Comprehension of Jury Instructions

Relevant Factual Knowledge Does Not Yet Exist

195

(20)

Example: Deterring Illegal Police Behavior

Factual Knowledge Presented Is Irrelevant to the Legal Issue

215

(26)

Example: Discriminatory Impact of the Death Penalty

Factual Research Has Limitations

241

(18)

Example: Jury Selection

Index

259

(12)

About the Authors

271

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More Than The Law: Behavioral and Social Facts in Legal Decision Making

Summary

Author Biography

Table of Contents

Supplemental Materials