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 : 9780814783887
Genre : Law
File Size : 29. 9 MB
Format : PDF, Kindle
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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 : 9780814724941
Genre : Law
File Size : 28. 93 MB
Format : PDF, ePub
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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.

Treatment Integrity

Author : Lisa M. Hagermoser Sanetti
ISBN : 1433815818
Genre : Psychology
File Size : 48. 36 MB
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Treatment integrity is the extent to which an intervention is implemented as its originators intended. The book presents the latest thinking on how treatment integrity contributes to evidence-based practice in educational, community, and healthcare settings. Authoritative and up to date, this volume is a much-needed resource for all professionals supervising, providing, or evaluating intervention services, including researchers and practitioners in clinical, counseling, and school psychology; child and adolescent psychiatry; social work; communication disorders; special and general education; program evaluation; and educational leadership.

Democracy Expertise And Academic Freedom

Author : Robert C. Post
ISBN : 9780300148640
Genre : Academic freedom
File Size : 51. 27 MB
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A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the "marketplace of ideas" and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.

Forensic And Legal Psychology

Author : Mark Costanzo
ISBN : 9781429205788
Genre : Psychology
File Size : 52. 77 MB
Format : PDF, ePub
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Using research in clinical, cognitive, developmental, and social psychology, Forensic and Legal Psychology shows how psychological science can enhance the gathering and presentation of evidence, improve legal decision-making, prevent crime, rehabilitate criminals, and promote justice. Although the emphasis is on psychological research, the textbook makes extensive use of actual cases and real trials to engage students and to illustrate the relevance of research findings. Written in a clear, student-friendly style, Forensic and Legal Psychology is designed for both the psychology and law AND forensic psychology class. Visit the preview site for more information: www.worthpublishers.com/costanzokrausspreview

Forensic Assessments In Criminal And Civil Law

Author : Ronald Roesch
ISBN : 9780199766857
Genre : Law
File Size : 80. 49 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.

The Evolution Of Mental Health Law

Author : Lynda E. Frost
ISBN : 1557987467
Genre : Law
File Size : 71. 47 MB
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Chronicles a relatively new field that has developed around the goals of protecting the rights and needs of people with disabilities, defining the proper sphere of individualization in criminal justice, and drawing boundaries between science and morality in decision making. Leading specialists from the field's many domains are brought together, including lawyers, health policy specialists, forensic psychologists, law professors, psychiatrists, and sociologists, who share the theoretical insights and empirical research of significant developments in mental health law and policy in the past 25 yrs. Particularly notable are chapters that examine shifts in attitudes toward the use of human participants in research; whether the statutory and regulatory framework of the increasingly privatized public mental health services system adequately protects patients' rights; how notions of therapeutic jurisprudence influence the behavior of judges and lawyers; and the means by which judges, lawyers, and clinicians can work from a more therapeutic frame of reference in the context of civil commitment proceedings. It is maintained that this volume will be useful to specialists in law, psychology, and psychiatry who are involved in mental health law and policy.

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