Chapter 1: Introduction to Law and Psychology PDF

1 What are the benefits of having laws? (Why do we have laws, and what is the psychological approach to studying law?) Forensic: anything pertaining to law Human factors as influential **no definition BECAUSE ○ differences center around how narrowly or broadly the field i...

1 What are the benefits of having laws? (Why do we have laws, and what is the psychological approach to studying law?) Forensic: anything pertaining to law Human factors as influential **no definition BECAUSE ○ differences center around how narrowly or broadly the field is defined ○ … research + application of psych ○ …application and practice as relates to legal APA guidelines Forensic psych; any psychologist working with any sub-discipline of psychology… to assist with legal, contractual, and administrative matters Forensic practice; application of psychology’s specialized knowledge of the law - research emphasis History Cattell, eyewitness (late 1800s) ○ Chestnuts or oak tress ○ FOUND: confidence did not equal correctness (confident but unsupported answer) … implications ○ Freud judge comment ○ Father of psych and law Workday of women in factory not exceed 10 hours ○ Yale appoints psych to faculty ○ Bar Association noted “facts of modern psych inquiry must be recog. by lawmakers even though they may reap havoc Llewellyn (1931) – Realist movement Core Principles: 1. Society is always in flux faster than the law; laws must be examined & should continue to ensure they serve society 2. Law is means to social end, NOT an end 3. Law must be evaluated in terms of its effects Implications: ○ Psych into legal proceedings First in civil → criminal ○ Consultation about juvenille and adult offenders ○ Psych testimony 1900s ○ Attorney consultation ○ Danger risk assessments  2 ○ …trials are the most visible aspects of our jud. system/justice INC visibility in terms of role of psych in law ○ Knowledge gained from social science enters the law in various ways! Public policy, statutes, law, Amicus Briefs 5 Subspecialties of Forensic Psych 1. Police ○ Psych and clinical skills to law enforcement and public safety ○ Jobs: scheduling, screening, training for interactions with populations 2. Legal psych ○ Psych and law relationship (the court) Custody evals Jury selection Trial stand competency Insanity defense (NGI) Civil capacity evaluations (wills, consent) 3. Psych of crime ○ Behavioral & mental process of offenders; GOAL: reducing criminal behavior ○ Specific: intervention effectiveness, psychopathy, antisocial behavior, troubled youth, research policy advisor, law making consultant about statutory mandates 4. Psych of victims – study of persons who have experienced either actual or threatened, direct or indirect harm as a result of crime or attempted crime ○ Education, policy-research 5. Correctional psychology – study & application of theoretical/clincal principles to the correctional system ○ Screening inmates into prison Work settings ○ Prisons, psych ward, gov, college, fam drug mental health court, sex offender treatment programs ○ Law enforcement agencies Law and Behavior A. Consensus View - Society functions as an integrated structure SO consensus is IMPORTANT a. Behaviors must be legally forbidden b. …laws change to fit within what society considers acceptable or not B. Conflict View - society is a collection of diverse groups  3 a. Groups have conflict and that results in different perspectives on law, legal/illegal behavior b. Type of crime is dictated by the system i. Ex: environmental pollution, crack possession C. Interactionist view - between the two; each person behaves according to their own perception of reality a. Evaluate behavior based on learning from others and meanings we have acquired (perception of reality) b. No moral right or wrong but change in moral standards that affect legal standards c. Example: Public intoxication, begging people to call the rideshare (increases safety) Laws as Human Creation Evolve out of needs for order and change; responding to a constantly changing society They evolve out of need and change Laws Help Resolve Conflict (vehicle for conflict resolution) Mechanisms to resolve disagreements, safety Serve as customs and rules of conduct that evolve partly to deal with conflict between a person’s impulses and desires AND other people’s rights ○ Laws are developed to manage and resolve those conflicts that cannot be prevented ○ Public protection/safety Changing of Laws Raw material for the construction and revision of laws is human experiences ○ Adjustments are constantly needed – society is dynamic ○ Ex: DNA testing, neuroimaging, online activity, automobiles Many people believe that these laws protect the dignity and safety of the public, but others claim they interfere with constitutionally protected ○ … vast changes in society have necessitated far-reaching adjustments in the law Automobile produced several new adversaries, including pedestrians versus drivers, and hence new laws Google glasses and phone technology The Psychological Study of Law How do law, legal systems, and psychology interface? Individual as the human determinants behaviors (bx) of participants in the legal system B=f(p,e) → behaviors is a function of a person and their qualities + their setting/context/environment ○ And the qualities of the external environment and pressures from the situation or context ○ Aka environmental factors affect human behavior and that social environment affects legally relevant choices & conduct  4 Psych and law tho???? == we are participants in the system (directly/indirectly) ○ Those central to it: defendants, witnesses, lawyers, convicts, parole boards, judges and juries Forensic psychologist: people who generate and communicate information to answer specific legal questions or help resolve legal disputes ○ Crim defendants, expert testimony Basic Choices in the Psychological Study of the Law The law struggles with this fact: rights desirable for some individuals may be problematic for others … AKA choices create dilemmas with psychological implications ○ choices/goals are incompatible leading to dissatisfaction … striking a balance between the choices and shifting in weight & importance of values ○ Examples: roe v wade, women of jane, Native americans facing sexual assault & justice feels out of reach Artistry and rights of gay couples … 4 Basic Choices 1. Rights of the Individual versus Common Good a. **GOAL for society is to find and maintain balance i. Ex: smokers banned from public, transgender troops v trump, sagging pants and decency ordinances Values in Conflict: Ind. possess rights & law protects them 🐓 US = individualistic society as fuck → …Freedom and personal autonomy are 2 of the most deeply desired shits → On other hand, society has expectations … tension between them is always present Two Models of the Crim Justice System: A. Rights of Individual a. Due Process Model: assumes innocence of suspects and requires that they be treated fairly B. Rights of Society a. Crime Control Model: seeks apprehension and punishment of lawbreakers; containment of crime 2. Equality versus Discretion  5 - Example a. Peacock pled guilty after killing wife from cheating = 18 mon b. Woman killed husband after 11 yrs abuse = 3 yr sentence - …psychology analyzes these decisions as examples of a choice between the goals of equality and discretion A. Equality: equal crime, equal time; all ppl committing same crime should get same consequence c. Principle of proportionality: the punishment should be consistently related to the magnitude of the offense i. More severe punishments = greater crimes ii. Impulsiveness and psychosocial immaturity render juveniles less culpable and more likely to be rehabilitated than adult offenders iii. Ex: case with trailer and kid setting it on fire; supreme court rules that laws which mandate life sentences when applied to juvenile offenders are unconstitutional B. Discretion: rigid application may not be justice; variation in the system due to response to crime = appropriate a. considering the circumstances of certain offenders and offenses to determine the appropriate consequences for wrongdoing Principles of Equality: “All men created equal” – “equal protection clause”14th amendment = “no state should deny a person within its jurisdiction the equal protection of the laws ○ Profiling – viewing certain characteristics as indicators of criminal behavior → Ex: AfA’s 52% stops, Latinos 31% even tho 23% and 29% of city’s population Value of Discretion: Discretion: rigid application may not be justice; variations in the justice system response to crime may be apprpriate ○ Judgements about the circumstances of certain offenses that lead to appropriate variations in how the system responds to these offenses → … rigid application of the law may lead to injustice Discretion of judges may lead to sentencing disparity: the tendency for judges to administer a variety of penalties for the same crime ○ State to state ○ Different minority groups; racial bias: use race as a basis for judging behavior → AfA’s 5-7x more likely to be imprisoned than those WhA’s due to disparities in arrests for drug crimes  6 → Hispanics: 1-6 males and 1-45 can expect to be imprisoned in their lifetime; more than double the rates than those who are not → Racial bias effects perception of culpability and dangerousness, likelihood of reoffending ○ Implicit bias: unawareness of racial bias → Longer sentences for more typical features like Afrocentric facial features and darker skin → Likelihood of black defendant being sentenced to death i=s influenced by their stereotypical appearance ○ Determinate sentencing: offense determines sentence; judges and parole commissions have little discretion → Not liked by people in the law enforcement realm 3. Discover the Truth versus Resolve Conflicts AND OR justice? The truth can be discovered; justice replaces truth as the predominant goal ○ Diff perspectives: shifting view to purpose being justice, toward a goal that creates a sense that justice is done → Truth is elusive; trials need everyone to have their day in court Because lawyers believe the purpose of hearings and trials is to win disputes; they present arguments supporting their client’s perspective and back up their arguments with the best available evidence Procedural justice: the consideration of the fairness of methods to resolve a dispute and allocate resources; both sides have been heard and are more likely to feel like they’ve been treated fairly by the system and the system is more likely to be effective as a result. ○ Adversary system - diff attorney represents each party; encourages lawyers to discover and introduce all evidence that might induce judge to react favorably to client When all participants in a legal dispute are able to raise concerns and provide supporting documentation, the goal of learning the truth becomes more attainable. ○ … conflict between truth and conflict resolution A APPROXIMATE truth: truth is elusive, ascertaining facts is hard B APPROXIMATE justice: attorney aspires to provide best representation; need for pragmatism and efficiency OFTEN replaces just outcome Truth versus Conflict Resolution in Plea Bargaining and Settlement Negotiations Legal system is a bureaucracy (page 15) ○ Tendency for value on pragmatic efficiency as > correct/just outcomes  7 → Ex: plea deals as conflict resolution (90% and 95% of defendants never go to trial → accept offer of prosecutor and plead guilty to lesser charge) Innocent plea-deals convinced evidence against them is overwhelming Benefits: ○ State - avoids expense and trouble of trial, attaining testimony of accused person against others involved in crime ○ Defendant - reduction in penalty imposed ○ Justice - furthered by a system that rewards a show of remorse (comes w a guilty plea usually) ○ Everyone else - able to negotiate a resolution appropriate to the degree of wrongdoing ○ SUMM: Plea bargaining reveals that the goal of maintaining stability and efficiency in the system is achieved at the same cost → Cost: the public’s opportunity to determine the complete truth …….. Civil justice system uses a procedure similar, between plaintiff and defendant… Settlement negotiation: process used to resolve civil disputes without a trial; typically in private negotiations between attorneys representing the disputing parties → Back and forth about offers to end their legal disagreement → Truth…Also favors the goal of conflict resolution at the expense of determining what really happened Ex: NFL giving football players many at the cost of their head injuries New Thoughts on Conflict Resolution Cooperative ways to settle differences and reach a resolution ○ Divorce couples, courts with therapy to restore family unit ○ Drug courts to solve underlying problems instead of punishing ○ Negligence cases, apologies advancing settlement negotiations ☆ … they attempt to maximize positive outcomes for all concerned; objective to keep dispute from escalating 4. Science versus the Law as a Source of Decisions Law – Authority Psych – Empiricism Law – Case Method Psych – Experimental m=Method Law Relies on Authority/Precedents; Psychology relies on Scientific Methods… or  8 Law Functions by Case Method & Psychology by Experimental Method Psychology leery of findings of anecdotal (based on personal evidence rather than facts on evidence), single subjects, small samples Law leery of deciding fate based on others (data wise) ○ Knowing how ppl generally behave doesn’t tell us why a defendant behaved in one way ○ Emphasis on individual defendant/plaintiff – explains why courts are more receptive to clinical psychs than any other type Law — precedent: rulings in previous cases for guidance ○ Case law - law made by judges ruling in individual cases (very influential) ○ Stare decisis “let the decision stand” Judges reluctant to make contradictory decisions Commentators state that society would be better served by a legal profession that was less resistant to objective, rigorous, and scientific evidence Psych — Scientific method/accumulation of data Law Psych precedent: rulings in previous cases for guidance Scientific method/accumulation of data Authority Empiricism Case Method Experimental m=Method Law leery of deciding fate based on others (data wise) Psychology leery of findings of anecdotal (based on personal evidence rather than facts on evidence), single subjects, small samples Hierarchical (if court appeals, overrules, the lower court Egalitarian and democratic (any researcher can do it that must accept the ruling challenges prevailing theory) … Haney’s Taxonomy 1. Psychology IN the law – Explicit and conventional us; psych in roles across legal proceedings a. Most common; passive usually b. Ex: psych testimony on legal issues (competency, insanity defense) 2. Psychology AND the law – Psych principles to analyze & examine the legal system; looks at assumptions the law makes about bx a. Research often follows from relationship b. Role of psychologist is autonomous  9 3. Psychology OF the law – Origins and existence of law; what psych func. do laws serve? How do they operate as a determinant of bx??? a. Autonomous b. Considerations: how do laws operate to influence behavior? c. Ex: why ppl obey law, why ppl violate it What conflicts arise between laws? law psych Conservative + resistant to innovation Novel approaches Hierarchy + authoritative systems Empirical Adversarial process to find truth Experimental model to test hypothesis Prescriptive (tells people how to behave) Descriptive (describes behavior) certainty Methods that embrace probability reactive proactive Operational and applied Academic – research …______ Randomized controlled trials (RCT) are valued ○ Study of effectiveness of mandatory domestic violence counseling that compared re-arrest rates after either one yr of probation or a yr plus six months of counseling ○ No stat diff Law Deals with Absolutes: Psychology Deals with Probabilities LAW: either-or ○ Ex- insane or not, unfit or fit ○ **need final resolution to dispute PSYCH: could indicate disorder ○ Ex. could indicate disorder, more likely to misidentify Law Supports Contrasting Views of Reality; Psychology Seeks One Refined View of Reality PSYCH: ultimate goal is to integrate/assimilate conflicting findings into one refined view of the truth (rather than choosing between alternative views)  10 Scaling a mountain and fighting a boxing match ○ PSYCH: quest for truth ○ LAW: More concerned for winning against adversary, resolving dispute, enhancing laws’ effect on all parties _………______ …How do law, legal systems, and psychology interface? Psychologists’ Roles in the Law Five distinct roles for psychologists in the legal system: basic scientist, applied scientist, policy evaluator, forensic evaluator, and consultant. (PAGE 19)!!! - Academic research in psych relevant to law, active collaboration with people in legal system The Psychologist as a Basic Scientist of the Law Basic scientist: pursues knowledge for its own sake - Satisfaction of understanding it + contributing to scientific advantages in the area - They often address important practical issues, including some that arise in the law Relationship between social attitudes and behavior – can clarify why ppl obey/disobey the law The Ethics of the Basic Scientist Cannot fabricate/forge data, plagiarize, present skewed selection of data to hide observations that do not fit their conclusions The Psychologist as an Applied Scientist in the Law: Applied scientist: dedicated to applying knowledge to solve real-life problems - Psychologists serving as expert witness in a legislative hearing/courtroom Expert witness: someone who possess specialized knowledge about a subject, knowledge that the average person does not have ○ Task is to assist jurors and judges by providing an opinion based on this specialized knowledge ○ Useful in understanding: employee discrimination, false confession, children’s memory of alleged abuse Ethics of Applied Scientist/Expert Witness Progression that stands for objectivity and accuracy in its procedures ○ Having “blinded” experts = better Admissibility of Expert Testimony Criteria for an “expert” to testify  11 Two-prong test – Judge as “gatekeeper” ○ Trial judge must determine whether testimony is relevant ○ Is it reliable and valid science? Examples: ○ Judges have disallowed testimony as irrelevant… → Bucket killing ○ … also as unreliable → Coon’s test to see future dangerousness threat Policy Evaluator in the Law: Policy evaluator: role in which psychologists who have methodological skills in assessing policy provide data regarding the impact of such policy ○ Ex: how do i know whether it was effective, before i change x, how do i design it so i will be able to determine later that it worked or not Methodological skills of a psychologist as a policy evaluator are essential in assessing existing programs and policies and designing innovations so their effects can be tested Ethics of the Policy Evaluator The standard rules of scientific procedure apply, but because of the source of employment and payment, there are pressures to interpret results of evaluation studies in a certain way ○ As scientists, program evaluators must call it how they see it – regardless of the desirability of the outcome Psychologist as a Forensic Evaluator in Litigation Asked to evaluate individuals involved in civil and criminal cases to report their findings to a judge and sometimes testify results in court Mental Health Professionals in litigation ○ Forensic evaluators: psychs2x and sw’s when providing forensic mental health assessments and expert testimony on variety of topics related to legal questions Ethics ∙ Formal and described… ○ 2 documents emphasizing the following in the evaluations: Clear in purpose Competent by virtue Respectful of appropriate relationships Confidentiality Methods and accurate procedures  12 The psychologist as a consultant in litigation ∙ Trial consulting: use of professionals trained in social sciences to assist attorneys in preparing and presenting evidence in trial ∙ Highlights p 23 —----...---------- SUMM __ How law and psych interface A. Basic Scientist a. Knowledge b. No intent to apply findings B. Applied scientist a. Knowledge to solve problems (expert witness for example) b. Must report findings, no matter the money C. Policy evaluator a. Provides data to answer questions using methods that are appropriate for Q b. Application of scientific procedure, regardless of money D. Advocate a. Commitment to a “side” Is the process for changing laws effective? When should they be changed? Ethical Considerations Authorities ○ law/statue State Federal Apa A. Applied Scientist a. Objectivity, accuracy, no payment based on outcome B. Policy Evaluator a. Report evaluation without connection to entity paying for service C. Advocate a. Is ^ consistent with the law and the admin. Of justice Is it ever good to weigh the rights of the individual over the common good? Legality does NOT equal Morality  13 Morally wrong, llegal? = over speed limit, piracy?? Morally wrong, not illegal? = cheating on someone else’s spouse, harsh treat of child, lying *** CONC whether law is considered to reflect a “moral” issue or not, may have a dramatic effect Model Penal Code: Attempted crimes are punished the same way as completed crime Social and environmental context of crime (drinking example) To work, law must be consistent with SHARED SENSE OF MORALITY Justice Distributive: are outcomes equitably dispersed? Procedural: is process fair? Attribution Theory 1. Internality - cause is within OR external 2. Stability - temporary or persisting 3. Globalness - Specific or pervasive Internal + stability + global = culpable External + Unstable + specific = less culpable Negative behavior ○ Internal cause ○ pervasive, stable Our negative behavior ○ Environment to blame ○ Temporary and changeable Reasons for conceptual and decisional departure from law: Commonsense allows for wider parameters than the law does ○ Law looks at finite moment Subjectivity ○ Jurors make subjective judgement Proportions, distinctions, comparisons ○ Principle of proportionality ○ Principle of equality ○ Determinate sentencing  14 Therapeutic Jurisprudence - ch2 Therapeutic jurisprudence: approach to the law emphasizing favorable mental health impact or otherwise “therapeutic” impact of the legal system on its participants; how the law and legal system affect behavior, emotions, and mental health of people - Philosophy and practice that examines the therapeutic & anti-therapeutic properties of law + public policies, legal and dispute resolution systems and legal institutions - Values psychologically healthy outcomes in legal disputes & transactions without claiming exclusivity in terms of policy objectives Goal: reframe law by offering a prism through which it can be viewed as a healing agent, to enhance the positive consequences of legal intervention, or mitigate its more harmful effects Judge influence Recognizing that they are agents of change; acknowledge words, actions, demeanor; it impacts people who come in the courtroom - Especially a defendant ○ Judge supervision → INC. likelihood of person staying in treatment ○ Effectiveness of chosen practices depends on the legal issued involved & the context in which these issues are presented ○ Status hearings good! → monitoring ppl performance ○ Forces judges to reflect on & evaluate effectiveness ○ Judge + lawyers sensitive to the beneficial or harmful consequences that their actions and decisions have on the parties that come before them Essential Components: ○ Immediate intervention ○ Non-adversarial adjudication ‣ Ex: ppl working toward same goal – adjudicating, not adversarial; someone in court for drugs ⁃ yass ○ Hands on judicial involvement ○ Treatment programs with rules and goals ○ Team approach with the court stakeholders Mental Health Court (MHC) Use therapeutic jurisprudence w mental health care professionals Goal: provide mental health treatment to prevent repeated offenders ○ Address underlying problems field by caseloads w mentally ill Chicago’s WINGS COURT (Women in need of gender specific services) Prostitutes & solicitation ○ Rehab through social services UNDERSTAND: factors of lifestyle, pathways, human traffick Domestic Violence Court GOAL: reduce incedence ○ Including: therapeutic jurisprudence, preventative law, restorative justice  15 Legal profess: train to identify “psycholegal soft spots” … AKA areas where legal intervention or procedure may lead to anx, distress, or trauma for victim Drug Treatment Court Training in addiction; motivation of behavior w emphasis on abuse treatment Result: tailored responses Video: Problem-solving court How to identify, how can law help them, Slowing down the system Services, connection to someone, maybe we can stop the recurring offenders