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The Verdict of the Court : Passing Judgment in Law and Psychology - Jenny McEwan

The Verdict of the Court

Passing Judgment in Law and Psychology

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Courts are constantly required to know how people think. They may have to decide what a specific person was thinking on a past occasion; how others would have reacted to a particular situation; or whether a witness is telling the truth. Be they judges, jurors or magistrates, the law demands they penetrate human consciousness. This book questions whether the 'arm-chair psychology' operated by fact-finders, and indeed the law itself, in its treatment of the fact-finders, bears any resemblance to the knowledge derived from psychological research. Comparing psychological theory with court verdicts in both civil and criminal contexts, it assesses where the separation between law and science is most acute, and most dangerous.

Industry Reviews

..it provides a concise invitation to rethink current treatments of topics, standards, and beliefs within the law. For psychologists, the book will provide a good overview for anyone seeking to embark on applied research in the legal area as it gives not only a good indication of what questions researchers have started to address, but also a sense of what issues surrounding these questions remain. I can also see the book being used at a graduate or advanced undergraduate leval, such as a final-year option in forensic psychology. Ulrike Hahn Journal of Law and Society December 2004 This book is an eminently readable attempt at unravelling the influence of psychology on law and the limits the law has placed on that influence. The aims of the book are admirable. The planned way the subject is approached is to be commendedthe book should prove a useful text for undergraduate and postgraduate students in appropriate courses in both law and psychology. Michael Carlin Psychological Medicine January 2005

Introductionp. 1
How do People Think?p. 1
Law and Psychologyp. 2
Responsibilityp. 8
Global Associationp. 9
Impersonal Causationp. 9
Foreseeabilityp. 10
Personal Causationp. 10
Justifiabilityp. 10
Attribution Theoryp. 10
Common Sensep. 16
Responsibilityp. 25
Perceptions of Responsibilityp. 25
Findings of Negligence: Heider's Third Levelp. 25
The Reasonable Manp. 26
Defensive Attributionp. 32
Just Worldp. 36
Hindsightp. 40
Causationp. 42
Third Party Interventionp. 49
Criminal Responsibilityp. 53
Requirement of an Actp. 54
Requirement of a Guilty Mindp. 60
Drawing the Inferencep. 63
Rage and Provocationp. 67
Mental Disorder and Criminal Responsibilityp. 71
Legal Perceptions of Mental Responsibilityp. 72
Tribunal of Fact and Mental Responsibilityp. 78
'No Place for a Woman'p. 83
Infanticidep. 84
Finders of Factp. 89
Making Judgments of Factp. 89
Getting the Right Answerp. 90
Recognising Liarsp. 94
Witness Consistencyp. 95
Discrediting Witnessesp. 102
Demeanourp. 104
Demeanour and the Courtsp. 110
Refusal to Testifyp. 113
Particular Witnessesp. 114
Constructing a Storyp. 118
Laymen and the Lawp. 127
Judicial Instructions on Evidencep. 127
Judicial Instructions on Standard of Proofp. 133
Reasons for Disobediencep. 135
Obstinacy?p. 135
Incomprehensibility of Instructionsp. 138
Trial Structurep. 145
Conclusionp. 147
The Criminal Process and Personalityp. 149
Personality as Proof of Guiltp. 149
Offender Profiling and Dispositionp. 150
Murderersp. 157
Rapistsp. 159
Paedophilesp. 162
Using Profile Evidencep. 164
Evidence of the Defendant's Criminal Recordp. 166
A Predilection to Crimep. 170
Facing Police Pressurep. 172
Staying Silent?p. 172
Being Tempted to Confessp. 174
Laymen and Sciencep. 179
Admitting Expert Evidencep. 180
Experts in Human Behaviour?p. 181
The Objectivity of Sciencep. 188
Overruling the Expertp. 190
Personality of the Expertp. 192
Courts and Sciencep. 194
Damn Lies and Statisticsp. 196
The Impact of Psychology on Lawp. 203
The Evidence of the Eyewitnessp. 203
Facilitating Witness Testimonyp. 209
Assisting Recall and Deliveryp. 212
Evaluationp. 214
Conclusionp. 217
Indexp. 221
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781901362534
ISBN-10: 1901362531
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 231
Published: 2nd October 2003
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 1.91
Weight (kg): 0.43
Edition Number: 1