Brian H. Bornstein – författare

Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences.The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.

Though widely regarded as a founder of the modern field of psychology and law, German-American psychologist Hugo Münsterberg now century-old ideas and research approaches continue to thrive. In fact, the discipline still grapples with many of the issues raised by Münsterberg in his seminal 1908 book, On the Witness Stand. Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment makes Münsterberg's enduring insights available to a new generation of scholars and students and presents the "state of the science" on the very concepts that Münsterberg was one of the first to investigate. These include eyewitness memory, deception detection, false confessions, suggestibility, hypnotism, and the causes of criminal behavior. Opening with a brief biography of Münsterberg and a historical overview of the field, the book's organization closely follows that of On the Witness Stand, with each chapter providing a summary of Münsterberg's work followed by a contemporary perspective on the topic. Each chapter asks the reader to consider what we have learned since Münsterberg's time and whether subsequent research has shown him to be right or wrong. The final chapter asks what Münsterberg may have missed, and what we may be missing today. Hugo Münsterberg's Psychology and Law will be of interest to a broad range of scholars, practitioners, and professionals in the legal and mental health fields.

All individuals face stress in their daily lives, but this is often particularly true for those who enforce the law, administer justice, or are forced into the legal system. Uncontrolled strain can result in negative behaviors, burnout, risk-taking, and physical and psychological symptoms ranging from colds to depression and suicide. This, in turn, can have a dramatic impact on the functioning of the legal system as a whole. On the other hand, contact with the legal system has the potential to promote wellbeing for many individuals, such as victims who feel that justice has been served and jurors and judges who feel they have helped preserve the integrity of the legal system.Stress, Trauma, and Wellbeing in the Legal System presents theory, research, and scholarship from a variety of social scientific disciplines and offers suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, civil plaintiffs, lawyers, judges, court staff) or involuntarily (jurors, criminal defendants, witnesses, children, the elderly) drawn into the legal system. This comprehensive volume is an invaluable resource for those intersested in protecting the wellbeing of individuals in the legal system, particularly criminal justice professionals, judges, attorneys, forensic psychologists, psychiatrists, social workers, researchers in psychology, criminology, and sociology, and students in each of these areas.

Our basic assumption about the law is that it is designed to operate fairly and openly. But with human beings as the ultimate decision makers, how do we prevent discrimination within the legal arena, and how does the law decide whether others have behaved in a discriminatory manner? Social Consciousness in Legal Decision Making examines four controversial areas involving people’s perceptions of others—racial profiling, affirmative action, workplace harassment, and hate speech/hate crime—from the perspectives of psychology, decision theory, and the law. This book's contributing experts raise these critical questions:How valid are legal assumptions about human behavior?What cognitive processes underlie biased behavior?What do personal experience and situational cues contribute to decision making?How do individuals’ perceptions of the law influence their judgment?Can psychology help legislators write more effective laws?In answering them, the book:Compares rational, descriptive, and normative decision-making models in legal contextsProvides important insights into legal decision making by non-specialists (police, administrators, jurors) Clarifies and broadens the role of social science in the courtsPromotes improved dialogue between the field of psychology and law to create a more socially aware jurisprudence.Social Consciousness in Legal Decision Making invites the legal and psychology communities to work together in solving some of our most pressing social problems.

This work seeks to provide answers on tort reform where thus far there have mainly been just questions. A number of post-reform studies have demonstrated that tort reform may not have the desired effects. This important work takes an empirical approach to addressing the issues.

The death penalty has long played a central role in jurisprudence, in terms of identifying the most serious offenses and the most culpable offenders, as well as understanding the mental conditions that may exclude an offender from such a sentence. More recently, the debate has intensified on competency to face [execution], the effects of psychological impairment on that competency, and the role of expert witnesses in establishing criminal culpability. The edited volume, Mental Disorder and Criminal Law authoritatively blends empirical findings and legal expertise with sophisticated reasoning and ethical analysis to promote a deeper understanding of these complex issues at the interface of legal and psychological domains. In short, it explores the concept of (as termed by one chapter author) "protecting well-being while pursuing justice". Contributors to this important volume: (1) Examine the effects of depression at different stages of legal procedure. (2) Offer proposed criteria for [prohibiting] capital punishment [of] the severely mentally ill. (3) Identify moral and procedural concerns in the use of child victims as witnesses.(4) Analyze the balance between present responsibility and future risk. (5) Untangle clinical and ethical issues for clinicians involved in capital sentencing. (6) Clarify the process of psychological evaluation of competence to be executed. (7) Review degrees of psychopathy in the context of criminal culpability. A practice-enhancing reference for forensic psychiatrists and psychologists, and legal professionals, Mental Disorder and Criminal Law challenges readers to reexamine the life-and-death questions at the core of their work.

Misconceptions about memory phenomena often go hand-in-hand with popular misrepresentations of its function in media. In Popular Myths about Memory, Brian H. Bornstein examines how the representation of memory in novels, movies, and television shows often clashes with scientific research. Bornstein discusses the consequences of these myths on the popular understanding of memory and its functions. Depictions of amnesia, eyewitness accounts, and superior memory are just a few of the processes explored and debunked. This book is recommended for scholars interested in psychology, media and film studies, literary studies, and communication studies.

From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion.Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.

This work seeks to provide answers on tort reform where thus far there have mainly been just questions. A number of post-reform studies have demonstrated that tort reform may not have the desired effects. This important work takes an empirical approach to addressing the issues.

Neither opinion suggests that offenders in these categories cannot be criminally responsible for their offenses, and the Atkins opinion explicitly recognizes that some mentally 2 retarded offenders can qualify as criminally responsible for their offenses.

Our basic assumption about the law is that it is designed to operate fairly and openly. But with human beings as the ultimate decision makers, how do we prevent discrimination within the legal arena, and how does the law decide whether others have behaved in a discriminatory manner? Social Consciousness in Legal Decision Making examines four controversial areas involving people’s perceptions of others—racial profiling, affirmative action, workplace harassment, and hate speech/hate crime—from the perspectives of psychology, decision theory, and the law. This book's contributing experts raise these critical questions:How valid are legal assumptions about human behavior?What cognitive processes underlie biased behavior?What do personal experience and situational cues contribute to decision making?How do individuals’ perceptions of the law influence their judgment?Can psychology help legislators write more effective laws?In answering them, the book:Compares rational, descriptive, and normative decision-making models in legal contextsProvides important insights into legal decision making by non-specialists (police, administrators, jurors) Clarifies and broadens the role of social science in the courtsPromotes improved dialogue between the field of psychology and law to create a more socially aware jurisprudence.Social Consciousness in Legal Decision Making invites the legal and psychology communities to work together in solving some of our most pressing social problems.

This volume will be a handbook that treats trial consulting as applied psychology. The purpose of the volume will be to collect the viewpoints of leaders in the field of psychology and law who apply the discipline’s theoretical models, methods, and ethics to assist litigators to try cases in the most effective way possible. As a whole, the collection of chapters will describe the theory, business, and mechanics of trial consulting for those interested in learning and practicing the profession. However, it will do so from the perspective of organized theories of jury-decision making. In other words, the work of juror researchers will inform the recommendations and suggestions in the handbook. The volume consists of six sections, each pertaining to a different topic. Multiple chapters with different authors will cover each topic. The topics and corresponding seven sections will be 1) An Introduction to the Theory and Psychology of Jury Decision-Making, 2) Applied Research Methodologies for Trial Consultants, 3) Education and Ethical Considerations for Trial Consultants, 4) Preparing and Cross Examining Witnesses, 5) Technology and Demonstrative Evidence at Trial, and 6) Special Topics in Trial Consulting. Each section will begin with the editors’ short introduction reviewing that section and explaining its goals, objectives, and content. Separate individuals, recognized as leaders in their areas will write the remaining chapters in each section. These individuals come from the fields of both psychology and law, and represent viewpoints on these topics from a practice-oriented perspective, but a perspective that is emerges from research results. They are affiliated with a number of academic institutions, including University of Nebraska, John Jay College of Criminal Justice, University of Texas, University of Chicago Simon Fraser University, and private law firms.

From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion.Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.

This volume will be a handbook that treats trial consulting as applied psychology. The purpose of the volume will be to collect the viewpoints of leaders in the field of psychology and law who apply the discipline’s theoretical models, methods, and ethics to assist litigators to try cases in the most effective way possible. As a whole, the collection of chapters will describe the theory, business, and mechanics of trial consulting for those interested in learning and practicing the profession. However, it will do so from the perspective of organized theories of jury-decision making. In other words, the work of juror researchers will inform the recommendations and suggestions in the handbook. The volume consists of six sections, each pertaining to a different topic. Multiple chapters with different authors will cover each topic. The topics and corresponding seven sections will be 1) An Introduction to the Theory and Psychology of Jury Decision-Making, 2) Applied Research Methodologies for Trial Consultants, 3) Education and Ethical Considerations for Trial Consultants, 4) Preparing and Cross Examining Witnesses, 5) Technology and Demonstrative Evidence at Trial, and 6) Special Topics in Trial Consulting. Each section will begin with the editors’ short introduction reviewing that section and explaining its goals, objectives, and content. Separate individuals, recognized as leaders in their areas will write the remaining chapters in each section. These individuals come from the fields of both psychology and law, and represent viewpoints on these topics from a practice-oriented perspective, but a perspective that is emerges from research results. They are affiliated with a number of academic institutions, including University of Nebraska, John Jay College of Criminal Justice, University of Texas, University of Chicago Simon Fraser University, and private law firms.

Justice, conflict and wellbeing are large topics that occupy researchers from a variety of disciplines, as well as laypeople and policy makers. The three concepts are closely connected: conflict often (though not always) impairs wellbeing, whereas justice often (though not always) enhances it; perceived injustice is a common source of conflict, at multiple levels and calls for justice are a common response to conflict. In addition, each construct has subtypes, such as distributive and procedural justice, individual and group conflict and physical and psychological wellbeing. Although there are established traditions of research on the topics in multiple disciplines, there is little cross-fertilization across disciplines. This volume brings together researchers from social, clinical and educational psychology; law and political science. The unifying theme is how injustice and conflict pose threats to wellbeing, at the micro (individual) and macro (groups and societies) levels. Multi- and interdisciplinary research are at the vanguard of science in the twenty-first century and the present work applies multi and interdisciplinary perspectives to the important real-world topics of justice, conflict and wellbeing.

The Witness Stand and Lawrence S. Wrightsman, Jr.

Justice, conflict and wellbeing are large topics that occupy researchers from a variety of disciplines, as well as laypeople and policy makers. The three concepts are closely connected: conflict often (though not always) impairs wellbeing, whereas justice often (though not always) enhances it; perceived injustice is a common source of conflict, at multiple levels and calls for justice are a common response to conflict. In addition, each construct has subtypes, such as distributive and procedural justice, individual and group conflict and physical and psychological wellbeing. Although there are established traditions of research on the topics in multiple disciplines, there is little cross-fertilization across disciplines. This volume brings together researchers from social, clinical and educational psychology; law and political science. The unifying theme is how injustice and conflict pose threats to wellbeing, at the micro (individual) and macro (groups and societies) levels. Multi- and interdisciplinary research are at the vanguard of science in the twenty-first century and the present work applies multi and interdisciplinary perspectives to the important real-world topics of justice, conflict and wellbeing.

Misconceptions about memory phenomena often go hand-in-hand with popular misrepresentations of its function in media. In Popular Myths about Memory, Brian H. Bornstein examines how the representation of memory in novels, movies, and television shows often clashes with scientific research. Bornstein discusses the consequences of these myths on the popular understanding of memory and its functions. Depictions of amnesia, eyewitness accounts, and superior memory are just a few of the processes explored and debunked. This book is recommended for scholars interested in psychology, media and film studies, literary studies, and communication studies.

The latest entry in this noteworthy series continues its focus on psychological issues relating to legal and judicial matters, with sound recommendations for situational and system-wide improvement. Salient concerns are described both in areas where their existence is frequently acknowledged (juror impartiality, the juvenile justice system) and where they are rarely considered (Miranda warnings, forensic mental health experts). Authors describe differences between professional and lay concepts of justice principles--and the resulting disconnect between community sentiment and the law. Throughout these chapters, psychological nuances and their legal implications are made clear as they relate to lawyers, jurors, suspects, and victims. Included among the topics:·         From the headlines to the jury room: an examination of the impact of pretrial publicity on jurors and juries.·         Victim impact statements in capital sentencing: 25 years post-Payne.·         Psychology and the Fourth Amendment.·         Examining the presenting characteristics, short-term effects, and long-term outcomes associated with system-involved youths.·         Indigenous youth crime: an international perspective.·         An empirical analysis of law-psychology journals: who’s publishing and on what?As with the others in the series, this third volume of Advances in Psychology and Law will interest researchers in legal psychology and related disciplines (e.g., criminal justice) as well as practicing attorneys, trial consultants, and clinical psychologists.

The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett).

This volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. These topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere and will be relevant to researchers, clinical practitioners, and policy makers. Topics include: attitudes toward police (Cole et al.), accuracy of memory for child sexual abuse (Goldfarb et al.), the use of interpreters in investigations (Goodman-Delahunty et al.), adjustment of former prisoners post-exoneration (Kirshenbaum et al.), psychological implications for gun policy (Pirelli et al.), ability to match people with images from ID cards and video (Rumschik et al.), judicial instructions on eyewitness evidence (Skalon et al.), social science of the death penalty (West et al.), and informant testimony (Wetmore et al.).

This volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. These topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere and will be relevant to researchers, clinical practitioners, and policy makers. Topics include: attitudes toward police (Cole et al.), accuracy of memory for child sexual abuse (Goldfarb et al.), the use of interpreters in investigations (Goodman-Delahunty et al.), adjustment of former prisoners post-exoneration (Kirshenbaum et al.), psychological implications for gun policy (Pirelli et al.), ability to match people with images from ID cards and video (Rumschik et al.), judicial instructions on eyewitness evidence (Skalon et al.), social science of the death penalty (West et al.), and informant testimony (Wetmore et al.).

This edited volume presents nine new state-of-the-science chapters covering topics relevant to psychology and law, from established and emerging researchers in the field. Relevant to researchers, clinical practitioners, and policy makers, topics include discussions of rape and sexual assault, eyewitness identification, body-worn cameras, forensic gait analysis, evaluations and assessments, veteran’s experiences, therapeutic animals and wrongful convictions.

This edited volume presents nine new state-of-the-science chapters covering topics relevant to psychology and law, from established and emerging researchers in the field. Relevant to researchers, clinical practitioners, and policy makers, topics include discussions of rape and sexual assault, eyewitness identification, body-worn cameras, forensic gait analysis, evaluations and assessments, veteran’s experiences, therapeutic animals and wrongful convictions.

This book delivers a comprehensive examination of contemporary issues at the intersection of psychology and law, reflecting the latest advancements and research in these critical fields. Authored by leading experts, it offers in-depth insights into key topics, including police use of force, hate crimes, and forensic assessments, making it an essential resource for practitioners, researchers, and policymakers.Key highlights include:The impact of psychological research on legal processes and decision-making.Current trends in understanding and addressing police use of force.Insights into the rising prevalence and complexity of hate crimes.This book's authoritative content, grounded in the latest empirical evidence, makes it indispensable for professionals in psychology, law, criminal justice, and public policy. It's also a valuable tool for educators and students aiming to stay abreast of the rapidly evolving landscape of forensic psychology.

This volume explores the various ways in which trust is thought about and studied in contemporary society. In doing so, it aims to advance both theoretical and methodological perspectives on trust. Trust is an important topic in this series because it raises issues of both motivation and emotion. Specifically, notions of trust and fairness motivate individuals to behave in a manner they deem appropriate when responding to governmental authority. On the emotions-related side, individuals have emotional responses to institutions with authority over their lives, such as the city government or the Supreme Court, depending on whether they perceive the institutions as legitimate. The public’s trust and confidence in governmental institutions are frequently claimed as essential to the functioning of democracy), spawning considerable research and commentary. For those in the law and social sciences, the tendency is to focus on the criminal justice system in general and the courts in particular. However, other public institutions also need trust and confidence in order not only to promote democracy but also to assure effective governance, facilitate societal interactions, and optimize organizational productivity. Not surprisingly, therefore, important research and commentary is found in literatures that focus on issues ranging from social sciences to natural resources, from legislatures to executive branch agencies, from brick and mortar businesses to online commerce, from health and medicine to schools, from international development to terrorism, etc. This volume integrates these various approaches to trust from these disciplines, with the goal of fostering a truly interdisciplinary dialogue. By virtue of this interdisciplinary focus, the volume should have broad appeal for researchers and instructors in a variety of disciplines: psychology, sociology, political science, criminal justice, social justice practitioners, economics and other areas.

This timely collection explores trust research from many angles while ably demonstrating the potential of cross-discipline collaboration to deepen our understanding of institutional trust. Citing, among other things, current breakdowns of trust in prominent institutions, the book presents a multilevel model identifying universal aspects of trust as well as domain- and context-specific variations deserving further study. Contributors analyze similarities and differences in trust across public domains from politics and policing to medicine and science, and across languages and nations. Innovative strategies for measuring and assessing trust also shed new light on this essentially human behavior. Highlights of the coverage:Consensus on conceptualizations and definitions of trust: are we there yet?Differentiating between trust and legitimacy in public attitudes towards legal authority.Examining the relationship between interpersonal and institutional trust in political and health care contexts.Trust as a multilevel phenomenon across contexts.Institutional trust across cultures.The “dark side” of institutional trust.With its stimulating array of concepts and applications, Interdisciplinary Perspectives on Trust will attract a varied audience, among them experts in political science, criminal justice, psychology, law, economics, healthcare, sociology, public administration,cross-cultural studies, and business administration.

This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking:Interrogation of minority suspects: pathways to true and false confessions.A comprehensive evaluation of showups.The weapon focus effect for person identifications and descriptions.The psychology of criminal jury instructions. Structured risk assessment and legal decision making.Children’s participation in legal proceedings: stress, coping, and consequences.Sex offender policy and prevention.The psychology of tort law.Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.

This timely collection explores trust research from many angles while ably demonstrating the potential of cross-discipline collaboration to deepen our understanding of institutional trust. Citing, among other things, current breakdowns of trust in prominent institutions, the book presents a multilevel model identifying universal aspects of trust as well as domain- and context-specific variations deserving further study. Contributors analyze similarities and differences in trust across public domains from politics and policing to medicine and science, and across languages and nations. Innovative strategies for measuring and assessing trust also shed new light on this essentially human behavior. Highlights of the coverage:Consensus on conceptualizations and definitions of trust: are we there yet?Differentiating between trust and legitimacy in public attitudes towards legal authority.Examining the relationship between interpersonal and institutional trust in political and health care contexts.Trust as a multilevel phenomenon across contexts.Institutional trust across cultures.The “dark side” of institutional trust.With its stimulating array of concepts and applications, Interdisciplinary Perspectives on Trust will attract a varied audience, among them experts in political science, criminal justice, psychology, law, economics, healthcare, sociology, public administration,cross-cultural studies, and business administration.