The Psychological Foundations Of Evidence Law

Author : Michael J Saks
Publisher : NYU Press
ISBN 13 : 0814783880
Total Pages : 277 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Psychological Foundations of Evidence Law written by Michael J Saks and published by NYU Press. This book was released on 2016-01-22 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and evaluates the psychological choices implicit in the rules of evidence 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.

Author : Michael J. Saks
Publisher : NYU Press
ISBN 13 : 0814783872
Total Pages : 339 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Psychological Foundations of Evidence Law written by Michael J. Saks and published by NYU Press. This book was released on 2016-01-22 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Christian Dahlman
Publisher : Oxford University Press
ISBN 13 : 0192603094
Total Pages : 433 pages
Book Rating : 4.98/5 ( download)

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Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.

Author : Robert W. Rieber
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Psychological Foundations of Criminal Justice written by Robert W. Rieber and published by . This book was released on 1978 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Costanzo
Publisher : Psychology Press
ISBN 13 : 1000149420
Total Pages : 303 pages
Book Rating : 4.25/5 ( download)

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Download or read book Expert Psychological Testimony for the Courts written by Mark Costanzo and published by Psychology Press. This book was released on 2020-07-24 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.

Author : Dennis Patterson
Publisher : Oxford University Press
ISBN 13 : 0191060836
Total Pages : 266 pages
Book Rating : 4.30/5 ( download)

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Download or read book Philosophical Foundations of Law and Neuroscience written by Dennis Patterson and published by Oxford University Press. This book was released on 2016-07-14 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together the latest work from leading scholars in the field, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.

Author : Craig Haney
Publisher : Psychology, Crime, and Justice
ISBN 13 : 9781433831423
Total Pages : 0 pages
Book Rating : 4.22/5 ( download)

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Download or read book Criminality in Context written by Craig Haney and published by Psychology, Crime, and Justice. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book that is built on decades of work on the front lines of the criminal justice system, expert psychologist Craig Haney encourages meaningful and lasting reform by changing the public narrative about who commits crime and why. Based on his comprehensive review and analysis of the research, Haney offers a carefully framed and psychologically based blueprint for making the criminal justice system fairer, with strategies to reduce crime through proactive prevention instead of reactive punishment. Haney meticulously reviews evidence documenting the ways in which a person's social history, institutional experiences, and present circumstances powerfully shape their life, with a special focus on the role of social, economic, and racial injustice in crime causation. Haney debunks the "crime master narrative"--the widespread myth that criminality is a product of free and autonomous "bad" choices--an increasingly anachronistic view that cannot bear the weight of contemporary psychological data and theory. This is a must-read for understanding what truly influences criminal behavior, and the strategies for prevention and rehabilitation that follow.

Author : George Frederick Arnold
Publisher :
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.20/5 ( download)

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Download or read book Psychology Applied to Legal Evidence and Other Constructions of Law written by George Frederick Arnold and published by . This book was released on 1913 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Richard Rogers
Publisher : Springer Science & Business Media
ISBN 13 : 0387252274
Total Pages : 438 pages
Book Rating : 4.78/5 ( download)

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Download or read book Fundamentals of Forensic Practice written by Richard Rogers and published by Springer Science & Business Media. This book was released on 2006-04-07 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrial—diversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trial—competency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trial—sentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Association’s prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.

Author : Bruce Dennis Sales
Publisher : Amer Psychological Assn
ISBN 13 : 9781591472469
Total Pages : 162 pages
Book Rating : 4.66/5 ( download)

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Download or read book Experts in Court written by Bruce Dennis Sales and published by Amer Psychological Assn. This book was released on 2005-01-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Experts in Court: Reconciling Law, Science, and Professional Knowledge examines the use of expert testimony, particularly that of mental health professionals, in civil and criminal litigation. Lawyers and judges often fear that mental health professionals' testimony is purely experiential and not based on objective criteria or a demonstrable scientific foundation. Through the use of a novel approach to evaluating the interactions of experts with the courts, Sales and Shuman explain the scrutiny that psychologists and all other experts will need to use to survive admissibility determinations under new and evolving rules of evidence. Their skillful and detailed analysis shows how the standards of admissibility for expert testimony have changed and how they have altered the relationships among judges, juries, experts, and lawyers. The book carefully reveals the evolution of laws regarding evidence admissibility, the requirements established by specific court rulings for scientific and nonscientific expert testimony, and the new rules for the submission of psychological expertise in court. It also explains how the law can use experts more effectively and how their behavior serves or complicates the goals of the rules of evidence. Finally, the authors propose a research agenda designed to foster a better understanding of the attitudes and practices of trial courts concerning rules of evidence and expert testimony"--Cover. (PsycINFO Database Record (c) 2006 APA, all rights reserved)