Wrightsman’s Psychology and the Legal System

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

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780534521066 | 0534521061
Cover: Hardcover
Copyright: 5/16/2006

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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.

1 Psychology and the Law: Impossible Choices

(32)

The Importance of Laws

(2)

Laws as Human Creations

(1)

Laws and the Resolution of Conflict

(1)

The Changing of Laws

(1)

The Psychological Study of Law

(1)

Basic Choices in the Psychological Study of the Law

(1)

The First Dilemma: Rights of Individuals versus the Common Good

(3)

Values in Conflict

(1)

Two Models of the Criminal Justice System

(2)

The Second Dilemma: Equality versus Discretion

(4)

Box 1.1: The case of Karla Faye Tucker and a governor's discretion

(1)

The Third Dilemma: To Discover the Truth or to Resolve Conflicts

(2)

Truth versus Conflict Resolution in Plea Bargaining and Settlement Negotiation

(1)

The Fourth Dilemma: Science versus the Law as a Source of Decisions

(3)

Law Is Doctrinal; Psychology Is Empirical

(2)

Law Functions by the Case Method; Psychology, by the Experimental Method

(1)

Law Deals with Absolutes; Psychology Deals with Probabilities

(1)

Law Supports Contrasting Views of Reality; Psychology Seeks to Clarify One Muddled View of Reality

(1)

Psychologists' Relationship to the Law

(4)

The Psychologist as a Basic Scientist of the Law

(1)

The Psychologist as an Applied Scientist in the Law

(2)

The Psychologist as a Policy Evaluator in the Law

(1)

The Psychologist as an Advocate in the Law

(2)

Ethical Considerations in Each Role

(2)

The Ethics of the Applied Scientist/Expert Witness

(1)

Box 1.2: The case of Tanya Tarasoff: The duty to protect

(1)

The Ethics of the Policy Evaluator

(1)

The Ethics of the Advocate

(1)

Legality versus Morality

(4)

Citizens' Sense of Morality and Legality

(2)

Box 1.3: The Case of Ralph Damms and the unloaded pistol

(1)

What Is Justice?

(5)

Distributive and Procedural Justice

(1)

Commonsense Justice: Everyday Intuitions about Fairness

(1)

Summary

(1)

Key Terms

(1)

2 The Legal System and Its Players

(30)

The Adversarial System

(1)

Courts

(6)

Box 2.1: The case of Terri Schiavo: A threat to judicial independence?

(2)

"Problem-Solving Courts"

(1)

Box 2.2: The case of a "client" of Justice Matthew D'Emic

(1)

Drug Courts

(1)

Mental Health, Homeless, and Family Courts

(1)

Criticisms of Problem-Solving Courts

(1)

Judges

(2)

How Are Judges Selected?

(1)

Alternative Dispute Resolution

(5)

Arbitration

(1)

Summary Jury Trial

(1)

Mediation

(2)

Lawyers

(13)

What Kind of Work Do Lawyers Do?

(4)

Box 2.3: The case of Clarence Gideon, his famous pauper's plea, and the right to an attorney

(2)

Law Schools and Legal Education

(1)

Women in Law School and the Legal Profession

(2)

Minorities in Law School and the Legal Profession

(2)

Box 2.4: The case of Barbara Grutter and her admission to law school

(1)

Trends in Lawyering

(2)

Lawyers and Ethics

(1)

Criticisms of Lawyers

(2)

Summary

(1)

Key Terms

(1)

3 Psychology of Crime

(30)

Box 3.1: The case of Jeffrey Dahmer: Can all crimes be explained?

(1)

Theories of Crime as Explanations of Criminal Behavior

(3)

Sociological Theories of Crime

(2)

Structural Explanations

(1)

Subcultural Explanations

(1)

Biological Theories of Crime

(3)

Psychological Theories of Crime

(4)

Psychoanalytic Theories of Crime

(1)

Criminal Thinking Patterns

(1)

Personality Defect as an Explanation of Criminality

(3)

Box 3.2: The case of Ted Bundy: Antisocial personality?

(2)

Social-Psychological Theories of Crime

(7)

Control Theories

(2)

Learning Theories

(4)

The Social Labeling Perspective

(1)

Integration of Theories of Crime

(4)

Summary

(1)

Key Terms

(1)

4 Psychology of Police

(31)

Selection of Police Officers

(5)

The Interview

(1)

Situational Tests

(1)

Box 4.1: The case of the unidentified skeleton

(1)

Psychological Tests

(1)

The Validity of Police Screening

(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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Wrightsman’s Psychology and the Legal System

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Wrightsman’s Psychology and the Legal System

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