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Psychogical Problems, Social Issues and Law

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Table of Contents

Each chapter ends with a summary. 1. The American Legal System. Historical Roots. Federalism. Types of Powers. Refereeing the Balance. The Separation of Powers. Checks and Balances. The Special Role of the Judiciary. Due Process of Law. Procedural Due Process. Substantive Due Process. Limiting Rights. The Federal and State Judicial Systems. Criminal and Civil Law. Criminal Law. Civil Law. Making the Law through Civil Cases. Civil and Criminal Due Process. Case and Common Law. Constitutional Law. Legislative-Judicial Interplay. 2. Social Science and Psychological Influences in Law. From Muller to Brown. The Beginnings: Pragmatic Jurisprudence and the New Social Sciences. Traditional Jurisprudence. Experience Not Logic. Developments in Psychology. Legal Realism. Law and Social Science Since Brown. Law and Psychology After World War II. Growth of a New Field. Problem Solving Judges and Therapeutic Jurisprudence. Avenues of Participation in the Legal Arena. Providing Social (Adjudicative) Facts. Providing Social Framework. Presenting Social Authority (Legislative) Facts. Informing Legislators. Lobbying. Amicus Briefs. Are Amicus Briefs effective? When Are the Findings of Social Science and Psychology Sufficiently Reliable to Be Admitted as Evidence? The Frye Standard. The Daubert Decision and Social Science. Daubert's Impact. Expert Panels. "Technical or Other Specialized Knowledge." Differences Between Law and Social Science. How Involvement in the Legal System Has Affected the Discipline of Psychology. Research, Pre-Trial Hearings, and Cross-Examination. Internal and External Validity. New Areas of Investigation. Emerging Issues. Ethical Standards and Codes. Objectivity and Values: Controversy About Amicus Briefs. 3. Prediction, Bail, and the Tarasoff Duty. Prediction: Methods and Dilemmas. Clinical versus Statistical Prediction. Courts and Clinical Predictions. The Psychometrics of Prediction. Why Statistical Predictions Are More Accurate Than Clinical Prediction. Cutoff Score, Hits, and Misses. Base Rates. Accuracy of Predictions of Dangerousness. Can Accuracy Be Improved? Risk Management. Costs and Benefits of Risk Assessment. Relative Inaccuracy is Ethically Tolerable. Prediction and Discrimination. Bail: A Systems Reform. Between Arrest and Trial. Defendants' Rights. The Costs of Detainment. Released on One's Own Recognizance. How Well Is the Bail System Functioning Today. The Tarasoff Duty. Tarasoff and Tort Law. Psychological and Professional Issues. Courts Balance Values. Social Scientists Evaluate Empirical Consequences. Possible Consequences - The Therapist. Possible Consequences - The Victim. Possible Consequences - The Therapeutic Relationship. Extension and Impact of Tarasoff. Therapists' Responses to Tarasoff. Attitudes and Practices. Assessing Dangerousness. Reasonable Care. Protecting the Potential Victim. The Effects of the Tarasoff Duty on the Professional Relationship. Impact on Therapists Who Are Sued. Potential Juror Biases. 4. Competence to Stand Trial and Other Competencies. Competence and Criminal Justice. Competence to Stand Trial. Distinction Between Incompetence to Stand Trial and Insanity. Criteria for Competence - What Should Mental Health. Criticisms of Standards. Competency Determination in Practice. Outpatient Evaluation. Improving Evaluations. Assessment Instruments. The MAC-SAC-CD. Treatment Methods. Medication. Psychological Treatment. Other Issues in Criminal Competence. Competence in Civil Law. Age and Consent. Competence to Make a Will. Competence to Manage One's Affairs. Procedures for Declaring Someone Incompetent. Role of Experts. Competence to Make Medical Decisions. Consent to Treatment and the Mentally Ill. Patients' Rights. Dying with Their Rights On. Is Refusal Irrational? Assessing Competence to Refuse Treatment. Is Consent Ever Fully Voluntary? Children and Consent to Medical Treatment. Competence to Consent to Sexual Relations. Mental Limitations and Incompetence to Consent to Sex. Gang Rape or Consensual Sex? 5. Trial by Jury. Trial by Jury in the Constitution A Brief History Right to Jury Trial in the United States. Jury Nullification. Juror Decision Making and Evidence. Weighing the Evidence. Judges and Juries. Procedural Justice and the Adversarial Method. Do Participants Experience the Adversary System as Fair? The Jury as a Small Group. Voire Dire and Pretrial Publicity. Evidence Rule Structures Jury's Work. Ignore Evidence Struck from the Record. The Unanimity Rule and the Deliberation Process. Effects of Jury Size. Efficiency versus Fuller Process. No Time Limit Deliberation. Jury Selection. The Voir Dire. Dismissal for Cause. Peremptory Challenges. Selecting Favorable Juries. Validity of Scientific Jury Selection Procedures. Ethical Issues The Jury and Medical Malpractice. A Comprehensive Study of Medical Malpractice Cases. Awards Exaggerated. Defendants Usually Win. Jury Decisions are Rational. Jurors Are Not Biased Against Doctors. 6. Eyewitness Testimony. Eye Witness Error and Miscarriages of Justice. The Legal Context. Excluding Eyewitnesses: The Totality of the Circumstances. Excluding Expert Testimony About Eyewitness Accuracy. Is There Sufficient Good Science to Support Expert Testimony? Basic Science Underlying Research on Eyewitness Identifications. Encoding. Memories Change with Time and Reconstruction. Eyewitness Research Paradigms. The Lineup. Eyewitness Confidence. Confidence is Modestly Related to Accuracy. Manipulating Eyewitness Confidence. Ecological Validity. Consensus in the Field. Will Expert Testimony Be Helpful to Jurors? Presenting Research Findings in Court. What is the Effect of Expert Testimony? Changing the System. Blinding Lineup Administrators. Lowering Perceived Situational Demands. Use of Distracters. Initial Assessment of Confidence. Improving Eyewitness Recollections: Context Reinstatement. 7. The Insanity Defense. The Legal Context of an Insanity Defense. Mens Rea. Accidents: An Example of Nonculpability. Degrees of Culpability. Common Experience and Inferences About Mental States. Not Guilty By Reason of Insanity. How Jurors Think About Insanity Cases. The Insanity Defense in Practice. For What Crimes Do Defendants Plead NGRI. How Successful is the Insanity Plea? Annual Number of Successful Pleas. Expert Testimony. Alternatives to the Insanity Defense. 8. The Death Penalty. History and Jurisprudence of Capital Punishment. Challenges to the Death Penalty. Public Opinion and the Death Penalty. Capital Punishment Today. Arguments For and Against Capital Punishment. Rehabilitation. Retribution. Community Safety. Deterrence. Morality. Capital Punishment and Race. Historical Overview. McCleskey v Kemp. The Baldus Report. Proportionality. The Majority Opinion. Differences in Judicial and Social Science Reasoning. The Guilt Phase: Death Qualification. Witherspoon v Illinois. Hovey v California. Conviction Proneness. Attitudinal Correlates. Demographic Correlates. Attitudes Towards Evidence. Not "On Point." The Voir Dire and Death Qualification. Lockhart v McCree. Epistemology and the Courts. The Penalty Phase: Mitigating and Aggravating Circumstances. The Defense's Task. The Prosecutor's Task. Are Judicial Instructions Understandable? Death Penalty for Juveniles. Treating Juveniles as Adults. Bars to the Execution of Youth Under 16. Death Penalty Reforms. 9. Juvenile Court and the Legal Processing of Children and Adolescents. Historical Context. The Origin and Philosophy of Juvenile Court. Not Criminal Courts. Due Process Rights. Creating Delinquency. Pathologizing Bad Behavior. The Juvenile Court System Today. Delinquency and Status Offenses. Status Offenses. Deinstitutionalizing Status Offenders. Diversion Programs. Delinquency and Due Process. Recriminalizing Delinquency. Are Young People Punished More Severely in Adult than in Juvenile Court? Psychological and Developmental Issues in Juvenile Justice. Competence to Waive Due Process Rights. Juvenile Competence to Stand Trial as Adults. New Reforms. 10. Protecting Children: Child Protective Proceedings. The Child Protective System. Historical Background. Early Efforts. Societies for the Prevention of Cruelty to Children. Rediscovery of Child Abuse. Mandatory Reporting Laws. "Problem Creation Through Problem Solution:" Foster Care. Family Preservation. Child Protection Today. Typical Statutes and Procedures. Types of Reports. Investigation. Hearing and Disposition. The Child Protection Services Worker. Mandated Reporting, Role Conflict, and Professional Practice. Underreporting. What Should Be Reported? Therapists' Fear of Negative Consequences. Children's Rights, Parent's Rights. Validation Testimony. Empirical Basis for Validation Testimony. Disposition: Treatment. Mandated psychotherapy. Assessing Success. Termination of Parental Rights. The Adoption and Safe Families Act of 1997. 11. Children and the Criminal Process. History of the Study of the Child as Witness. The Child in Court: Competence. Children's Memory and Cognitive Competence. Children's Memory of Medical Procedures. Do Children Fabricate Stories? Protecting Children Against the Stress of Testifying. Avoiding Face to Care Confrontation: Hearsay Evidence. Use of Screens. One Way Video Testimony Maryland v Craig. APA Brief Cited in the Majority Opinion. Is One Way Video Unfair to the Defendant? Another Perspective. Inferences From Witness Demeanor. Will Video Testimony Be More Complete? Preparing Children to Testify. How Credible Are Children to Jurors? Expert Witnesses, Child Witness Research, and the Daubert Decision. 12. Domestic Violence. The Discovery of Domestic Violence. Domestic Violence: A Major Social Problem. Prevalence. A Chronic Problem. Domestic Violence and Children. Victims, Abusers, and the Dynamics of the Abusive Relationship. Abused Women. The Dynamics of Abuse. Why Don't Women Leave? Abusive Men. The Systems Network. The Medical System. Welfare and Social Services. The Justice System's Response. Police Response. Prosecution. The Courts. Orders of Protection. Diversion and Treatment. Child Protection and Battered Women's Services. Domestic Violence, Custody, and Visitation. Problems in Seeking Custody. Supervised Visitation. Partner Murder. The Battered Women Defense. Is the Syndrome Valid? How Effective is the Defense? Battered Women May Be Sentenced Less Harshly. 13. Child Custody. Historical Background: Paternal and Maternal Preferences. Custody Disputes, Social Values, and Social Science. Custody Standards. Primary Caretakers and Stability. Continuity, Attachment, and Psychological Parents. Primary Caretakers, Male and Female: Empirical Findings. Joint Custody. Joint Custody: Empirical Findings. Natural and Psychological Parents. Controversial Factors in Custody Decisions. Moral Character. Gay Parents. Parent's Mental Health. Religion. Allegations of Sexual Abuse in Divorce Cases. Paying Attention to a Child's Wishes. Custody Evaluations: Ethics. Ethical and Procedural Guidelines. Neutrality and the Best Interests of the Child. Informed Consent. Thorough Evaluation. Reports and Testimony. Ultimate Issues. Custody Evaluations: Validity. General Tests. Custody-Specific Measures. Coin Flipping versus Evaluation. Mediation: An Alternative Procedure. Litigation and Mediation. Theory of Mediation. Research on Custody Mediation. Not for Every Case. 14. Abortion. Historical Context. The Constitutional Context. Adolescent Pregnancy and Abortion. Adolescent Pregnancy. The Abortion Rights of Minors. Two Parent v. One Parent Notification. Research Issues Raised by the Decisions. Effect of Parental Notification and Consent Statutes. Did Adolescents Notify Parents Before They Had To? Does Parental Notification Reduce the Number of Abortions? Do Notification Laws Affect Sexual Behavior? Emotional and Psychological Consequences of Abortion and Childbirth. 15. Sexual Harassment. Prevalence and Costs of Sexual Harassment. Historical and Legal Context. Civil Rights Legislation: Title VII. Sexual Harassment: An Extension of Employment Discrimination. Early Suits. Redefining Sexual Harassment. Quid pro quo. Hostile Environment. Gender Stereotypes and Discrimination. Price Waterhouse v Hopkins. Cutting Through The Double Bind. Psychological Injury. The APA Amicus Brief. Objective Standards: a Reasonable Woman, Person, or Victim? Gender Differences in Perceptions of Harassment. Magnitude of Gender Differences. The Effect of a "Reasonable Woman" Standard. Policy Considerations. When is Sexual Behavior Discriminatory? Discrimination or Just Offensive Behavior? Discrimination or Ordinary Socializing? Limiting Company Liability: Developing a Complaint Process. Will The Complaint Process Be Used? Harassment of Men and Same Sex Harassment. What Makes a Man Feel Harassed? Hostile Environment Harassment, "Masculine" Behavior and Homosexuality. Objectivity: A Matter of Context. Harassment in the Schools. Harassment by Teachers. Harassment by Peers. Gay and Lesbian Youth. 16. Psychological Tests and Discrimination. History of Psychological Testing. Use of Intelligence Tests for Vocational Selection. Intelligence Tests and Social Power. The Legal Attack on Tests. Testing in Educational Settings. Tracking in Schools. Declaring Intelligence Tests "Illegal." Declaring Tests Legal. What Did Law Suits Accomplish? College Admission and Affirmative Action. Tests, Gender, and National Merit Scholarships. Achievement Tests and Minimum Competence. Tests and Employment. Tests Defended. Does Affirmative Action Affect Minorities Adversely? 17. Law, Ethics, and the Regulation of the Professions. Government Regulation: Licensing and Certification. The American Psychological Association Code. Underlying Ethical Principles. Right-Duty Relationship. Malpractice Suits. Harmful Effects. Memory Recovery or False Memories: A Source of Malpractice Suits. Summary.

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