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Taking Psychology and Law into the Twenty-First Century : Perspectives in Law & Psychology - James R. P. Ogloff

Taking Psychology and Law into the Twenty-First Century

Perspectives in Law & Psychology

Hardcover Published: 31st August 2002
ISBN: 9780306467608
Number Of Pages: 413

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During his term as President of APA-LS/Division 41, James Ogloff organized a comprehensive program of research reviews in the area of the law and psychology. Taking Psychology and Law into the Twenty-First Century is the product of that program.
In these pages top scholars contribute chapters covering a wide range of topics including jurisprudence, competency, children, forensic risk assessment, eyewitness testimony, jurors and juries, lawsuits, and civil law. Also included is an introductory chapter by the editor.
The result is a unique and comprehensive treatment of the issues at the confluence of these disciplines.

Two Steps Forward and One Step Backward: The Law and Psychology Movement(s) in the 20th Century
The First Step Forward--the Germination and Sprouting of Law and Psychologyp. 4
One Step Back--the Wilting of the Law and Psychology Movementp. 7
The Second Step Forward--the Rebirth of Law and Psychology in the 1960sp. 8
Toward a Continued Strengthening of the Law and Psychology Movement in the New Millenniump. 11
A Rose by Any other Name? The Name and Definition of the Fieldp. 12
The Identity of Those Who Work in the Field of Legal Psychologyp. 14
Securing Our Place in Psychologyp. 15
The Need to Focus on the Training and Career Options of Our Studentsp. 16
Legal Psychologists Must be Sophisticated and Knowledgeable About the Lawp. 18
Work in Legal Psychology Must Develop a Theoretical Foundationp. 19
The Need to Remain Objective--in Science and in Practicep. 21
The Field of Legal Psychology Needs to Expand to Cover Additional Areas of Lawp. 21
Becoming Less Parochialp. 22
The Fight Against Sexism and Ethnocentrismp. 23
We Must Continue to Identify and Secure Funding for the Research and Practical Work in Our Fieldp. 24
The Need for Increased Communication and Support for those Who Work in Legal Psychologyp. 25
The Need to Increase the Impact Our Work Has on the Legal Systemp. 26
Conclusionp. 28
Referencesp. 28
Psychological Jurisprudence: Taking Psychology and Law into the Twenty-First Century
Deterrence: The Standard Approachp. 37
Psychological Jurisprudencep. 41
The Role of Morality and Legitimacy in Producing Law-Abidingnessp. 41
Value Socializationp. 44
Sustaining a Legal Culture: The Morality and Legitimacy of the Legal Systemp. 46
Criminal Codes and Citizens' Moralityp. 46
Attempted Crimesp. 47
Rape and Sexual Intercoursep. 48
Omissions: Failing to Helpp. 48
The Criminalization of Everythingp. 48
Code and Citizen Disconnects: Consequences and Curesp. 49
Irreducible Moral Conflictsp. 51
Sustaining a Legal Culture: The Legitimacy of Legal Authoritiesp. 51
Law Abidingness as a Model for the Rule of Lawp. 53
Implications for Lawp. 54
Personal Experiences with Legal Authoritiesp. 54
The Acceptance of Law and Legal Policyp. 56
Mental Health Lawp. 56
Referencesp. 56
Children, Psychology, and Law: Reflections on Past and Future Contributions to Science and Policy
Outstanding Past Accomplishments: What Can They Teach Us?p. 62
Central Areas of Research in the Field of Children, Psychology, and Lawp. 63
Juvenile Justicep. 65
Medical Decision Makingp. 71
Divorce, Custody, and Technology-Assisted Family Planningp. 73
Child Maltreatmentp. 79
Children's Eyewitness Testimonyp. 83
Other Legally Relevant Domains of Child/Law Researchp. 89
Research, Policy, and Law: Toward Closer Future Alliancesp. 90
Moving Beyond Convention, Becoming More Proactivep. 91
Methodological Issuesp. 94
Disseminating Psychological Research Relevant to Policy and Lawp. 100
Cautionary Notes and Conclusionsp. 105
Referencesp. 106
Forensic Assessment: Current Status and Future Directions
History of Forensic Assessment: A Summaryp. 120
Forensic Assessment Instruments: A Typologyp. 127
Forensic Assessment Instrumentsp. 128
Forensically Relevant Instrumentsp. 130
Clinical Measuresp. 131
Development and Use of Forensic Assessment Instruments: Important Considerationsp. 132
Developmental Influencesp. 132
Population-Specific Influencesp. 133
Cultural Influencesp. 134
Capacities Versus Ultimate Legal Issue Focusp. 135
Relevant Lawp. 136
Standards for Educational and Psychological Testingp. 137
Ethical Principles of Psychologists and Code of Conductp. 137
Specialty Guidelines for Forensic Psychologistsp. 138
Standard of Practice Literaturep. 138
Checklist for Use of Forensic Assessment Instruments, Forensically Relevant Measures, and Psychological Tests in Forensic Contextsp. 139
Commercial Publication of the Testp. 140
Available Test Manualp. 140
Demonstrated Levels of Reliabilityp. 140
Demonstrated Levels of Validityp. 140
Successful Peer Reviewp. 141
Decision Making Formulas are Known to the Examinersp. 141
Conclusionp. 141
Referencesp. 142
Risk Assessment
Recent Advancesp. 148
Shift in Models from Dangerousness to Risk Assessmentp. 148
Establishment of Association Between Violence and Mental Disorderp. 149
Recognition that the Base Rates of Violence are Higher Than Once Thoughtp. 150
Recognition that Clinicians Have Some Degree of Predictive Accuracyp. 151
Development of New Information About Specific Risk Factorsp. 151
Development of New Assessment Approachesp. 152
Current Issuesp. 153
Inadequate Conceptualization of Violencep. 153
Insufficient Theory, Especially About the Causes of Violencep. 154
Overemphasis on Static, Historical, and Dispositional Risk Factors and Inattention to Contextual, Dynamic, and Protectic Factorsp. 154
Lack of Integration of Science and Practicep. 155
Insufficient Psycholegal Analysisp. 155
Impact of Legal Mechanisms Relevant to Violence Risk Assessmentp. 157
Recommendations for the Futurep. 160
Increased Reliance on Theoryp. 160
Conceptual Analysis of Violencep. 160
Study of Clinical Decision Making About Violence Riskp. 160
Use of Interdisciplinary Approachesp. 161
Disseminationp. 163
Development of Training and Educational Materialsp. 163
Ethical Issuesp. 164
Summaryp. 165
Referencesp. 165
Competency: Past, Present, and Future
Past: Review of the Fieldp. 172
Criteriap. 173
Assessmentp. 176
Treatmentp. 179
Present: Commentary on the Fieldp. 182
Advancements and Obstaclesp. 182
Psycholegal Applicationsp. 184
Psycholegal Investigation of Legal Phenomenap. 186
Psychological Evaluation of Lawp. 189
The Phemenology of Lawp. 190
Future: Bridge to the Futurep. 191
Methods Likely to be Successful in the Futurep. 191
Substantive Areas Upon Which to Focusp. 192
Referencesp. 194
Eyewitness Research
Review of the Fieldp. 200
Factors Leading to Successp. 201
Notable Successesp. 202
Obstacles to Success: Past and Presentp. 205
Unique Issues Pertaining to Women and Minority Populationsp. 208
The Experience of Law: The Phenomenology of Lawp. 209
Understanding the Lawp. 209
What Do Lay People Understand About the Law?p. 209
Role of Psychology in Educating People About Lawp. 210
Bridge to the Futurep. 212
Identifying Behavioral Assumptions in the Lawp. 212
Suggestions for Further Researchp. 214
Conclusionp. 219
Referencesp. 219
Jurors and Juries: A Review of the Field
Jurors and Juries: A Review of the Fieldp. 225
A Review of What We Knowp. 227
Jury Selectionp. 227
Are Juror Characteristics Related to Verdict?p. 227
Does Jury Selection Identify Biased Jurors?p. 229
Does the Jury Selection Process Produce Better Juror Decisions?p. 230
The Influence of Evidence on Juror Decisionsp. 231
Eyewitness Testimonyp. 231
Expert Evidencep. 232
Hearsay Evidencep. 234
Judicial Instructionsp. 235
Jury Deliberationsp. 238
Decisions About Damagesp. 240
Decision Making in Complex Civil Casesp. 243
Models of Juror and Jury Decision Makingp. 244
How We Know What We Knowp. 246
Early History of Jury Researchp. 247
Bringing Attention to Legal Relevancep. 248
Psychology and Law Becomes Its Own Fieldp. 250
A Closer Look at Research Methodsp. 252
Are There Method Factor Main Effects or Interactions with Other Variables?p. 253
Growth and Impact of Jury Researchp. 255
A Look to the Futurep. 258
The Jury Reform Movementp. 258
Emerging and Novel Areas of Researchp. 263
Juror-Centered Researchp. 264
Cross-Cultural Studiesp. 265
Grand Jury Procedures and Reformsp. 266
Technology in the Courtroomp. 267
The Internetp. 268
Online Researchp. 269
Communicating with the Legal Systemp. 270
Referencesp. 271
The Monetary Worth of Psychological Injury: What Are Litigants Suing For?
The Economics of Mental Injuriesp. 286
Mechanisms for Obtaining Redress for Psychological Injuriesp. 286
Approaches to Estimating Mental Health Costsp. 287
Direct and Indirect Costs of Mental Health Conditionsp. 289
The Litigation Conundrump. 299
Does Litigation Exacerbate Psychological Losses?p. 301
Does Compensation Motivation Influence Psychological Symptoms of Litigants?p. 303
Caveats in Determining Causation in Litigation Contextsp. 304
Future Directions in Civil Forensic Psychologyp. 307
Economics of Psychological Injuriesp. 307
Litigation as a Confounding Variablep. 310
Conclusionp. 311
Referencesp. 312
Psychological Issues in Civil Law
Perceptions of Justicep. 325
Attributes Affecting The Likelihood of Pretrial Settlementp. 325
Rational Models of Decision Makingp. 326
Cognitive Theoriesp. 327
Procedural Justice Theoryp. 330
Satisfaction and Perceived Fairnessp. 332
Individual Differences in Litigiousness and Perceived Fairnessp. 338
Gender Differencesp. 339
Prevalence and Reporting Rates of Sexual Harassmentp. 339
Intra-Organizational Complaint Proceduresp. 340
Personality Characteristicsp. 341
Cultural Differencesp. 344
Decisionmaking in Civil Lawp. 345
Complex Litigationp. 345
Liability Judgementsp. 346
Damage Awardsp. 348
Attitudes and Perceptions About Civil Litigationp. 350
Contracts and Property Lawp. 353
Contract Lawp. 353
Property Lawp. 355
Future Researchp. 356
Perceptions of Justicep. 356
Decisionmakingp. 357
Contracts and Propertyp. 358
Commerce and Businessp. 358
Conclusionp. 359
Referencesp. 360
Evaluating Published Research in Psychology and Law: A Gatekeeper Analysis of Law and Human Behavior
Law, Psychology, and a Standard of Reviewp. 372
The Saint Louis Conferencep. 376
Detailed Analysis of Empirical Research: A Standard and Some Examplesp. 385
Jury Decision Makingp. 389
Forensic Psychologyp. 392
Eyewitness Identificationp. 395
Correctionsp. 397
Planned Critical Multiplism and the Gatekeepers of Empirical Sciencep. 400
Referencesp. 403
Subject Indexp. 407
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780306467608
ISBN-10: 0306467607
Series: Perspectives in Law & Psychology
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 413
Published: 31st August 2002
Publisher: Springer Science+Business Media
Country of Publication: US
Dimensions (cm): 23.5 x 15.5  x 3.18
Weight (kg): 0.86