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Psychology and Law
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Psychology and Law
Research and Practice

Second Edition


December 2018 | 496 pages | SAGE Publications, Inc

“I like the use of research and citations throughout the text. It is more comprehensive than my current text and does a much better job of presenting the scientific evidence.”
—Kathy McGuire, Western Illinois University  

Written by authors with extensive experience in the field and in the classroom, Psychology and Law: Research and Practice, Second Edition, offers the definitive perspective on the practical application of psychological research to the law. Curt R. Bartol and Anne M. Bartol emphasize the various roles psychologists and other mental health professionals play in criminal and civil legal matters. Topics such as family law, mental health evaluations, police interrogation, jury selection and decision making, involuntary civil commitment, and various civil capacities are included. The authors also emphasize the major contributions psychological research has made to the law and encourage critical analysis through examples of court cases, high-profile current events, and research. This comprehensive book examines complex material in detail and explains it in an easy-to-read way.

New to the Second Edition:

  • The new edition has been significantly reorganized to more closely align with the progression through the court system.  
  • A new chapter on children, adolescents, and criminal law (Chapter 8) provides students with information on adjudicative competence, comprehension of constitutional rights, and eyewitness identification and courtroom testimony.  
  • New feature boxes include case studies, research projects, and contemporary topics with discussion questions for classroom debate.
  • Additional court cases and statutes have been integrated into chapters to emphasize the important role psychology plays in the legal process. The content is applied to real cases such as the Masterpiece Cakeshop case and the Dassey confession (comprehending Miranda).
  • Over 300 recent research findings on topics related to psychology and law highlight cutting-edge research studies that help students understand what research does and prompt them to discuss the methodology and results.
  • New pedagogical tables clearly illustrate complex information around ethical issues, APA amicus briefs, strengths and weaknesses of simulation studies, insanity standards within the states, effects experienced by survivors of traumatic incidents, and more.
  • Increased coverage of contemporary issues encourage critical thinking and active learning by promoting discussions around current issues such as telepsychology, neuropsychology, adversarial allegiance, and actuarial instruments used in bail and sentence decision-making.  

 
Preface
 
About the Authors
 
CHAPTER 1. Introduction
Goals and Definitions

 
Psychology and Law: Three Approaches

 
Ways of Knowing and the Methods of Science

 
Ethical Guidelines

 
Psychology and Law: A Challenging Alliance

 
Defining and Classifying Law

 
Psychology and Law: Some Differences

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 2. Psychology and the Courts: An Overview
Organization of the Courts

 
Specialized Courts: Drug and Mental Health Courts

 
The Judicial Process

 
The Psychologist as an Expert Witness

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 3. The Criminal Investigative Process
Overview of Profiling

 
Paths to Admission of Evidence

 
Investigative Interviewing and Interrogation

 
Detection of Deception

 
The Interrogation Process

 
The Psychology of False Confessions

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 4. Eyewitness Evidence
A Brief Word on Research Methodology

 
Human Perception and Memory

 
Estimator and System Variables

 
Eyewitness Estimator Variables

 
Eyewitness System Variables

 
Preserving the Integrity of the System

 
Pretrial Identification Methods

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 5. The Trial Jury
Overview of the Trial Jury

 
Jury Research

 
Jury Selection

 
Jury Size and Decision Rule

 
Jury Nullification

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 6. Jury and Judicial Decision Making
The Jury Decision-Making Process

 
Influences on Jury Decision Making

 
Deciding on Death Sentence: A Special Issue

 
Damage Awards in Civil Cases: Another Special Issue

 
Judicial Decision Making

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 7. Competencies and Criminal Responsibility
Competency to Stand Trial (CST)

 
Competency Assessment Instruments

 
Competency Restoration

 
Insanity

 
Clinical Assessment of Criminal Responsibility

 
Special Conditions and Unique Defenses

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 8. Children, Adolescents, and the Criminal Law
Brief History and Overview of the Juvenile Court

 
Adolescent Development as It Pertains to the Law

 
Adolescent Competence and Culpability

 
Juvenile Competency

 
Juvenile Interrogation and False Confessions

 
Plea Bargaining

 
Children as Witnesses

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 9. Psychology and Family Law
The Modern Family Court

 
Changes in Family Court in Recent Years

 
Divorce and Child Custody

 
The Psychological Effects of Divorce and Custodial Arrangements

 
The Roles of Mental Health Professionals in Child Custody Cases

 
Alternative Dispute Resolution (ADR)

 
Contemporary Special Issues in Custody Decision Making

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 10. Involuntary Civil Commitment
A Brief History

 
Modern Commitment Statutes

 
Civil Commitment Proceedings

 
Duty to Warn or Protect

 
Research on Dangerousness

 
Involuntary Outpatient Commitment

 
Voluntary Commitments

 
Informed Consent and the Right to Refuse Treatment

 
Civil Commitment of Sex Offenders

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 11. Psychology in Civil Litigation
Civil Capacities

 
End-of-Life Issues

 
Psychology in the Employment Sphere

 
Wrongful Death and Personal Injury Suits

 
Psychology in the Educational Sphere

 
Summary and Conclusions

 
Key Concepts

 
 
CHAPTER 12. Psychological Assessment and the Law
Forensic Assessment in Civil Cases

 
Psychological Assessment in Criminal Cases

 
Forensic Classifications of Assessment and Testing

 
Clinical Measures and Assessment Techniques

 
Forensically Relevant Instruments (FRIs)

 
Forensic Assessment Instruments (FAIs)

 
Forensic Evaluations in Delinquency Cases

 
Summary and Conclusions

 
Key Concepts

 
 
Glossary
 
Cases Cited
 
References
 
Author Index
 
Subject Index

“The text provides a comprehensive overview of clinical and non-clinical aspects of psychology and the legal system. It is easy to read and clearly illustrates how we can apply psychological principles to the criminal justice system.”

Lisa Topp-Manriquez
University of Arkansas Fort Smith

“I like the use of research and citations throughout the text. It is more comprehensive than my current text and does a much better job of presenting the scientific evidence.”

Kathy McGuire
Western Illinois University

“This is a very useful textbook which uses succinct phrases and terminologies to explain the concepts, theories, and cases in a thorough manner. Both my students and I like it very much. With so many case studies in each chapter, students have the opportunities to demonstrate/present their understanding of the relevant concepts and theories, along with the cases.”

Yin-Yin Tan
Michigan Technological University

“… this is a fact filled, comprehensive textbook with illustrations in the form of charts, tables and figures that support the text. The case and research studies further support the narrative in the textbook. Critical thinking questions imbedded in these studies help students to utilize critical thinking skills and demonstrate their knowledge of course information. This is a must use textbook for any instructor teaching about the interface of psychology & the law.”

William A. Holt
MSS–St. Joseph’s University and National Organization of Forensic Social Work
Key features

NEW TO THIS EDITION:

  • The new edition has been significantly reorganized to more closely align with the progression through the court system.  
  • A new chapter on children, adolescents, and criminal law (Chapter 8) provides students with information on adjudicative competence, comprehension of constitutional rights, and eyewitness identification and courtroom testimony.  
  • New feature boxes include case studies, research projects, and contemporary topics with discussion questions for classroom debate.
  • Additional court cases and statutes have been integrated into chapters to emphasize the important role psychology plays in the legal process. The content is applied to real cases such as the Masterpiece Cakeshop case and the Dassey confession (comprehending Miranda).
  • Over 300 recent research findings on topics related to psychology and law highlight cutting-edge research studies that help students understand what research does and prompt them to discuss the methodology and results.
  • New pedagogical tables clearly illustrate complex information around ethical issues, APA amicus briefs, strengths and weaknesses of simulation studies, insanity standards within the states, effects experienced by survivors of traumatic incidents, and more.
  • Increased coverage of contemporary issues encourage critical thinking and active learning by promoting discussions around current issues such as telepsychology, neuropsychology, adversarial allegiance, and actuarial instruments used in bail and sentence decision-making

KEY FEATURES:

  • In Focus boxes examine contemporary topics and challenge readers with discussion questions on issues around the use of Veterans’ Courts, mental health of jurors, sentences for juveniles, and much more.
  • Researchers at Work boxes offer insights from current research studies in crucial areas such as witness confidence, implicit bias in jurors, and civil commitment.
  • Case Studies explore relevant case law and landmark court decisions and encourage students to examine the psychological aspects of those decisions.  
  • Thorough coverage of both civil and criminal law offer the most comprehensive perspective.
  • Evidence-based psychological tests and measurements are highlighted in each chapter and discussed in detail in the final chapter.