Wrightsman’s Psychology and the Legal System, Ninth Edition
By Edie Greene and Kirk Heilbrun
Contents
Preface xiii
About the Authors xvii
Chapter 1
Psychology and the Law: Choices and Roles 1
The Importance of Laws 2
Laws as Human Creations 2
Laws Help Resolve Conflict and Protect the Public 3
The Changing of Laws 3
The Psychological Study of Law 4
Basic Choices in the Psychological Study of the Law 5
The First Choice: Rights of Individuals versus the Common Good 5
BOX 1.1: The “Unite the Right” Rally in Charlottesville and the Speech Rights of White Supremacists 7
The Second Choice: Equality versus Discretion 8
BOX 1.2: The Case of Evan Miller: Life Sentences for
Juvenile Offenders Are Excessive Punishment 11
BOX 1.3: The Case of Troy Davis and a Parole Board’s Discretion 12
The Third Choice: To Discover the Truth or to Resolve Conflicts 13
The Fourth Choice: Science versus the Law as a Source of Decisions 15
Psychologists’ Roles in the Law 17
BOX 1.4: The Case of Tatiana Tarasoff: The Duty to Protect 18
The Psychologist as a Basic Scientist of the Law 19
The Psychologist as an Applied Scientist in the Law 19
The Psychologist as a Policy Evaluator in the Law 21
The Psychologist as a Forensic Evaluator in Litigation 21
The Psychologist as a Consultant in Litigation 22
Summary 23
Key Terms 24
CHapter 2
The Legal System: Issues, Structure,
and Players 25
The Adversarial System 26
Legality versus Morality 27
Citizens’ Sense of Legality and Morality 28
BOX 2.1: The Case of a Duped Would-Be Offender 29
What Is Justice? 30
Distributive and Procedural Justice 30
Commonsense Justice: Everyday Intuitions about Fairness 32
Courts 33
State Courts 34
Federal Courts 34
The U.S. Supreme Court 34
BOX 2.2: The Case of Violent Video Games and Minors’ Free Speech Rights 35
Players in the Legal System: Judges 35
How Are Judges Selected? 35
Influences on Judicial Judgments 36
How Do Judges Decide? 37
Players in the Legal System: Lawyers 38
Lawyers’ Work Settings 38
Box 2.3: The Case of Clarence Gideon, His Famous Pauper’s Plea, and the Right to an Attorney 39
Law Schools and Legal Education 40
Professional Satisfaction among Lawyers 41
How Do Lawyers Make Professional Decisions? 42
Summary 43
Key Terms 44
CHapter 3
Psychology of Crime 45
Offending in the United States 46
Serious Offending 46
School Violence 47
Mass Killings in Public Places 49
Why Does Crime Happen? 49
BOX 3.1: The Case of Dexter Morgan: A Fictional Psychopath? 50
Theories of Crime as Explanations of Criminal Behavior 51
Sociological Theories of Crime 53
Biological Theories of Crime 54
Psychological Theories of Crime 57
BOX 3.2: The Case of Ted Bundy: A Real-Life Psychopath 58
Social–Psychological Theories of Crime 60
BOX 3.3: The Case of “Teenage Amusement,” a Murder, and a Video Game 63
Integration of Theories of Crime 65
Summary 70
Key Terms 70
Chapter 4
Psychology of Police 71
Selection of Police Officers 73
Box 4.1: The Case of Rodney King: Videotaped Police Brutality? 73
The Interview 76
Situational Tests 76
Psychological Tests 77
The Validity of Police Screening 77
Fitness-for-Duty Evaluations 78
Training of Police Officers 78
Training in Crisis Intervention 79
Interactions with Mentally Ill Citizens 79
Domestic Disturbances 81
Hostage Negotiation and Terrorism 84
The Police Officer’s Job 86
Stress and the Police 87
Box 4.2: Body Armor, Automatic Weapons, and the North Hollywood Shootout 88
Police–Community Relations 90
Box 4.3: The Case of Edward Garner and Limits on the Use of Deadly Force 91
The Future of Policing in the United States in the 21st
Century: The President’s Task Force Report 94
Building Trust and Legitimacy 94
Policy and Oversight 95
Technology and Social Media 95
Community Policing and Crime Reduction 95
Training and Education 95
Officer Wellness and Safety 96
Summary 96
Key Terms 97
Chapter 5
Eyewitnesses to Crimes and Accidents 98
Examples of Mistaken Eyewitness Identification 100
How Mistaken Eyewitness Identifications Occur 100
Basic Information Processing 101
Perception 101
Memory 101
Box 5.1: The Case of Larry Fuller and the Victim Who “Never Wavered” 103
How Psychologists Study Eyewitness Identification 104
The Variables That Affect Eyewitness Accuracy 105
Assessing the Impact of Estimator Variables 105
Controlling the Impact of System Variables 106
Reforming Identification Procedures 106
Interviewing Eyewitnesses 107
Lineup Instructions 107
Box 5.2: The Case of Wooden-Legged Michael Sams and His Victim’s Cognitive Interview 108
Lineup Presentation Method 108
The Influence of Feedback 110
Eyewitness Confidence 110
The Eyewitness in the Courtroom 111
Safeguards against Mistaken Identification 111
Limiting Eyewitness Testimony 112
Expert Testimony 112
Jury Instructions 112
Children as Witnesses 113
Children as Eyewitnesses to Crimes 113
Children as Victims of Maltreatment 113
Investigative Interviews 114
Disclosure of Child Maltreatment 115
Box 5.3: The Case of the 14-Year-Old Sexual Assault Victim Interviewed Twice 116
The Child Witness in the Courtroom 116
Procedural Modifications When Children Are Witnesses 117
Repressed and Recovered Memories 118
Repressed Memories of Child Sexual Abuse 118
Recovered Memories in Court 119
Creating False Memories 120
Summary 121
Key Terms 122
Chapter 6
Psychology of Victims of Crime and Violence 123
Perception of Those Who Experience Crime and/or Violence 124
Types of Victims 125
BOX 6.1: The Murder of Muslim Students in Chapel Hill: A Hate Crime? 126
Adversity and Trauma in Childhood 127
Consequences of Early Victimization 128
Violence, Crime, and Posttraumatic Stress Disorder 129
Posttraumatic Stress Disorder 129
BOX 6.2: The Case of Joe: Adverse Experience,
Multiple Traumas, and Posttraumatic Stress Disorder 130
Battered Spouses 132
Prevalence Rates 132
Beliefs about Domestic Violence 133
The Causes of Battering 133
The Cycle of Violence 134
Responses to Victims of Battering 135
The Psychology of Rape 136
Misleading Stereotypes about Rape 136
Facts about Rape 137
Motivations and Characteristics of Rapists 138
Acquaintance Rape and “Date Rape” 138
BOX 6.3: The Case of Bill Cosby: Prominence and the
Accusation of Sexual Assault 139
Consequences of Being Raped 140
How Do Victims React to Being Raped? 140
Preventing Rape 142
Sexual Harassment 145
Defining Sexual Harassment 146
Prevalence Rates 147
BOX 6.4: The Case of Teresa Harris: Sexual Harassment
on the Job 148
Applying Psychological Knowledge to Detecting Harassment 149
Offenders’ Experience as Victims of Crime, Violence,
and Trauma 150
Summary 151
Key Terms 152
Chapter 7
Evaluating Criminal Suspects 153
Profiling of Criminal Suspects 154
Classifying Homicide Offenders: Mass and Serial Murderers 156
Steps Involved in Criminal Profiling 159
The Validity of Criminal Profiles 160
Becoming an FBI Profiler 161
Detecting Deception 162
Methods of Detecting Deception 163
BOX 7.1: The Case of Contested Poisoning: Munchausen’s Syndrome By Proxy or Not? Can fMRI Tell the Difference? 167
Evaluating Confessions 168
Historical Background and Current Legal Standing 169
Whittling Away at Miranda 169
BOX 7.2: The Case of Ernesto Miranda and the Right
to Remain Silent: Changing Forever the Face of Police
Work 170
The Validity of Confession Evidence 171
Inside the Interrogation Room: Common Interrogation Techniques 172
BOX 7.3: The Case of Henry McCollum and Leon Brown:
Young, Intellectually Disabled Half-Brothers W ho Falsely
Confessed 173
False Confessions 176
Inside the Courtroom: How Confession Evidence Is
Evaluated 177
Reforming the System to Prevent False
Confessions 178
Summary 179
Key Terms 179
Chapter 8
Traditional Prosecutions: Arrest, Bail, Plea Bargain and Settlement, and Trial 180
Steps Between Arrest and Trial 182
The Initial Appearance 182
The Preliminary Hearing 182
The Grand Jury 182
Arraignment 183
Discovery and Pretrial Motions 183
BOX 8.1: The Case of Tim Masters and Prosecutors’ Failure
to Disclose Evidence 184
The Decision to Set Bail 185
What Considerations Affect the Decision to Set
Bail? 185
BOX 8.2: The Case of Marcella Deann Gomez and the Cybersearch for Defendants on the Run 186
Does Pretrial Release Affect Trial Outcome? 187
Can High-Risk Defendants Be Identified? 187
Plea Bargaining in Criminal Cases 188
Benefits of Plea Bargaining for Defendants and Attorneys 189
BOX 8.3: The Case of Shane Guthrie and the Power of the
Prosecution in Plea Bargaining 189
Psychological Influences on the Plea-Bargaining
Process 190
Evaluations of Plea Bargaining 191
BOX 8.4: The Case of Brian Banks and Football Aspirations
Derailed by a False Guilty Plea 192
Settlements in Civil Cases 192
Factors That Determine Settlement Amounts 193
What Is the Purpose of a Trial? 195
The Trial as a Search for the Truth 195
The Trial as a Test of Credibility 195
The Trial as a Conflict-Resolving Ritual 196
Steps in the Trial Process 196
Preliminary Actions 196
The Trial 197
Sentencing 198
The Appellate Process 199
Courtroom of the Future 199
BOX 8.5: The Case of Antonio Buehler and the Power of Visual Technology 200
Summary 202
Key Terms 203
Chapter 9
Alternatives to Traditional
Prosecution 204
Alternative Dispute Resolution 205
Arbitration 206
Summary Jury Trial 206
BOX 9.1: The Case of Sarah Smith, David Boyle, and Their
Swift Collaborative Divorce 206
Mediation 207
Beliefs about Alternative Dispute Resolution 208
Community Alternatives to Standard Prosecution 208
Community-Based Alternatives and the Sequential Intercept Model 209
BOX 9.2: Cit for Police, First Responders and Correctional
Officers 211
Problem-Solving Courts 212
BOX 9.3: The Case of a “Client” of Justice Matthew
D’Emic 212
BOX 9.4: Seattle Community Court: Creative Solutions
for High-Impact, Low-Level Crime 216
The Future of Community-Based Alternatives to Prosecution 218
Summary 219
Key Terms 219
Chapter 10
Forensic Assessment in Juvenile and
Criminal Cases 220
The Scope of Forensic Psychology 221
BOX 10.1: The Case of Andrea Yates: Tragedy and Insanity 222
Competence 223
Adjudicative Competence 224
Raising the Issue of Competence 224
Evaluating Competence 224
BOX 10.2: The Case of Jared Loughner: Assessing Competence 225
Results of Competence Evaluations 228
Competent with Medication, Incompetent without 230
Other Legal Competencies 230
BOX 10.3: The Case of Charles Sell: Involuntary Medication to Restore Competence? 230
Juvenile Competence to Stand Trial 232
The Insanity Defense 232
Rationale for the Insanity Defense 233
Varying Insanity Defense Rules 233
Famous Trials and the Use of the Insanity Plea 235
BOX 10.4: Is The Insanity Defense Relevant to Possible
Terrorist Acts? The 2016 Ohio State Attack 236
Facts about the Insanity Defense 237
BOX 10.5: The Case of John W. Hinckley, Jr. and the
Attempted Assassination of President Reagan 238
Public Perceptions of the Insanity Defense 239
Current Criticisms of the Insanity Defense 240
Revisions and Reforms of the Insanity Defense 242
Capital Sentencing Evaluations 243
Juvenile Transfer 244
Summary 246
Key Terms 247
Chapter 11
Forensic Assessment in Civil Cases 248
Experts in the Adversarial System 249
BOX 11.1: The Case of Columbine Shooter Eric Harris, Antidepressant Medication, and Violence: Expert Opinion or
Junk Science? 251
Psychological Damages to Civil Plaintiffs 254
Assessment of Psychological Damages 255
BOX 11.2: The Case of Antiterrorism Officer “John Doe”: Racial/Ethnic and Religious Discrimination in the Workplace
256
Workers’ Compensation 257
Assessment in Workers’ Compensation Claims 258
Civil Competencies 260
Assessing Competence to Make Treatment Decisions 262
Assessing Competence to Execute a Will 262
Psychological Autopsies 263
BOX 11.3: The Case of the U.S.S. Iowa: Gauging Reliability of the Psychological Autopsy 264
Child Custody and Parental Fitness 265
The “Best Interests of the Child” in Custody Disputes 265
Assessment in Custody Disputes 267
BOX 11.4: The Case of Ciesluk v. Ciesluk: Can a Custodial Parent Move Away? 268
Assessing Fitness to Be a Parent 269
Civil Commitment and Risk Assessment 269
Four Types of Commitment Procedures 270
Dangerousness and Risk Assessment 271
Difficulties in Assessing Dangerousness 271
Summary 272
Key Terms 273
Chapter 12
Preparing for Trials 274
Who Should Decide: Jury or Judge? 275
How Judges and Juries Compare 275
Determinants of Discrepancies 277
Newer Data on Judge/Jury Differences 278
Jury Selection Begins in the Community: Forming a Panel, or Venire 279
Judicial and Legislative Reforms 280
Jury Selection Continues in the Courtroom: The Voir Dire Process 281
Box 12.1: The Case of Timothy Foster and Racial Bias in Jury Selection 285
Box 12.2: The Case of J. E. B. v. Alabama ex rel. T. B.: Whose Child Is This and Who Gets to Decide? 286
Box 12.3: The Case of Jodi Arias, Her Two Sentencings, and Her Trial Consultant 292
Pre-Trial Publicity 293
Conflicting Rights 293
Effects of Pre-Trial Publicity 294
Box 12.4: The Case of Timothy McVeigh: Data on the Prejudicial Effects of Massive Pre-Trial Publicity 297
Remedies for the Effects of Pre-Trial Publicity 298
Summary 299
Key Terms 300
Chapter 13
Jurors and Juries 301
BOX 13.1: The Case of Ex-Smoker Lucinda Naugle and Her $300 Million Jury Award 303
How Jurors Think 304
The Story Model 304
Are Jurors Competent? 305
Jurors Rely on Relevant Evidence, Seen through the Lens of Their Emotions 306
Jurors’ Understanding of Expert Testimony 307
BOX 13.2: The Case of Dharun Ravi: Expert Testimony from an I.T. Specialist 307
Jurors’ Abilities to Understand Their Instructions 308
Jurors’ Willingness to Apply Their Instructions 310
BOX 13.3: The Case of Byron De La Beckwith: Jury Nullification and Race 311
Jurors’ Abilities to Decide Complex Cases 312
Effects of Extralegal Information 313
BOX 13.4: The Case of Charles Falsetta and His Propensity to Commit Sex Crimes 315
Can Jurors Disregard Inadmissible Evidence? 316
Are Jurors Biased? 317
The Assumption of a Blank Slate 317
Inevitability of Juror Bias 318
BOX 13.5: The Case of Jerry Sandusky: The Search for Unbiased Jurors 318
How Juries Deliberate 320
Jury Reform 322
The Jury: Should It Be Venerated or Vilified? Revered or Reviled? 323
Summary 324
Key Terms 325
Chapter 14
Punishment and Sentencing 326
The Purposes of Punishment 328
Utilitarian Approaches 329
Retributive Approaches 329
BOX 14.1: The Case of a Crooked Couple and Their Shaming Penalty 331
Restorative Approaches 332
BOX 14.2: The Case for Restorative Justice: Healing a Mother Wounded by Tragedy 333
Judicial Discretion in Sentencing 333
Sentencing Policies 333
Sentencing Process 334
Determinants of Sentencing: Relevant and Irrelevant 335
Sentencing Juvenile Offenders 337
Juvenile Court Dispositions 337
Blended Sentencing 338
Life Sentences for Juvenile Offenders 338
Sentencing Sex Offenders 338
BOX 14.3: The Case of Jacob Ind: When a Kid Gets Life 339
Registration and Notification 339
Residency Restrictions 340
BOX 14.4: The Case of John Albert Gardner III: Registered Sex Offender and Confessed Murderer 341
Involuntary Commitment 341
Mandated Treatments for Sex Offenders 342
The Death Penalty: The Ultimate Punishment 343
Concerns about Innocence 344
Justifications for the Death Penalty 344
Equality versus Discretion in Application of the Death Penalty 345
BOX 14.5: The Case of Warren McCleskey: Does Race Matter? 345
Capital Jury Decision-Making 346
Limiting Use of the Death Penalty 348
BOX 14.6: The Case of Dylann Roof: (Lack of) Evidence about Mental Illness 349
Summary 351
Key Terms 352
Chapter 15
Juvenile and Adult Corrections 353
Juvenile Corrections 354
Assessing Risk and Needs in Juveniles 355
Community-Based Interventions 356
BOX 15.1: The Case of Marcus: A Youth Treated in the Community with Multisystemic Therapy 358
Secure Residential Interventions 360
BOX 15.2: The Case of Thomas Harris: Imprisoned, Violent, and Skeptical 362
Reentry 363
Adult Corrections 363
Assessing and Diverting Offenders 363
Community-Based Interventions 364
BOX 15.3: The Case of Louise Franklin: A Defendant on Probation 365
Institutional Interventions 369
BOX 15.4: The Case of Michael Vick: Was He Rehabilitated in Prison? 373
Psychological Consequences of Imprisonment 374
Reentry 375
Summary 377
Key Terms 378
Glossary 379
References 389
Name Index 430
Subject Index 444