the psychological foundations of evidence law psychology and the law

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The Psychological Foundations Of Evidence Law

Author : Michael J. Saks
ISBN : 9781479880041
Genre : Law
File Size : 90. 29 MB
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Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

The Psychology Of Tort Law

Author : Jennifer K. Robbennolt
ISBN : 9781479814183
Genre : Law
File Size : 24. 79 MB
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Foundations Of Evidence Law

Author : Alex Stein
ISBN : 0198257368
Genre : Law
File Size : 43. 2 MB
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This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

Children As Victims Witnesses And Offenders

Author : Bette L. Bottoms
ISBN : 9781606233580
Genre : Psychology
File Size : 77. 42 MB
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Grounded in the latest clinical and developmental knowledge, this book brings together leading authorities to examine the critical issues that arise when children and adolescents become involved in the justice system. Chapters explore young people’s capacities, competencies, and special vulnerabilities as victims, witnesses, and defendants. Key topics include the reliability of children’s abuse disclosures, eyewitness testimony, interviews, and confessions; the evolving role of the expert witness; the psychological impact of trauma and of legal involvement; factors that shape jurors’ perceptions of children; and what works in rehabilitating juvenile offenders. Policies and practices that are not supported by science are identified, and approaches to improving them are discussed.

Evidence Matters

Author : Susan Haack
ISBN : 9781107039964
Genre : Law
File Size : 23. 19 MB
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Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Coping With Psychiatric And Psychological Testimony

Author : Jay Ziskin
ISBN : STANFORD:36105060123515
Genre : Evidence, Expert
File Size : 28. 6 MB
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Psychological Science In The Courtroom

Author : Jennifer L. Skeem
ISBN : 9781606233917
Genre : Psychology
File Size : 53. 96 MB
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This rigorous yet reader-friendly book reviews the state of the science on a broad range of psychological issues commonly encountered in the forensic context. The goal is to help professionals and students differentiate between supported and unsupported psychological techniques--and steer clear of those that may be misleading or legally inadmissible. Leading contributors focus on controversial issues surrounding recovered memories, projective techniques, lie detection, child witnesses, offender rehabilitation, psychopathy, violence risk assessment, and more. With a focus on real-world legal situations, the book offers guidelines for presenting scientific evidence accurately and effectively in courtroom testimony and written reports.

Forensic Assessments In Criminal And Civil Law

Author : Ronald Roesch
ISBN : 9780199766857
Genre : Law
File Size : 64. 39 MB
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Designed to meet the specific needs of lawyers,Forensic Assessments in Criminal and Civil Law: A Handbook for Lawyers provides insight into what to expect from forensic mental health evaluations and how to navigate these assessments with skill and competence. The volume is divided into sections by evaluation type: criminal, civil, and juvenile and family evaluations. Each chapter addresses one of the most commonly requested forensic evaluations and is written by a forensic psychologist with both academic and professional experience with that type of evaluation.

Why People Obey The Law

Author : Tom R. Tyler
ISBN : 9780691126739
Genre : Law
File Size : 68. 32 MB
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

The Psychology Of Juries

Author : Margaret Bull Kovera
ISBN : 1433827042
Genre : Law
File Size : 30. 23 MB
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This volume summarizes what is known about the psychology of juries and offers a robust research agenda to keep scholars busy in years to come.

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