American Psychology-Law Society Series – serie

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.

Few resources exist for those interested in developing their professional competence vis-à-vis ethics in forensic psychology, with the most recent text being published more than a decade ago. However, forensic psychology is changing quickly and there is a need for a current guide on ethics within the field. The Ethical Practice of Forensic Psychology highlights the ethical standards and guidelines set forth by the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct (EPPCC) and the Specialty Guidelines for Forensic Psychology (SGFP). This Casebook provides readers with a practical review of these ethical standards and professional guidelines in the context of forensic case vignettes with corresponding commentary by leaders in the field. Concepts are presented using a best-practices model that encourages and promotes engaging in empirically supported decision-making. This volume is distinct from all others published in this area, given its inclusion and integration of a review of the ethical standards and guidelines contained in the EPPCC and SGFP, in addition to numerous types of ethical dilemmas encountered in forensic practice, a review of the relevant empirical literature and case law/legal statutes, and commentary by experts in forensic psychology. This unique Casebook will prove useful for a broad audience including academics in forensic psychology, psychology graduate and post-doctoral students and trainees, practitioners, mental health counselors, social workers, and legal professionals.

Adolescence, Privacy, and the Law provides a foundation for understanding privacy rights and how they relate to adolescents. Roger Levesque argues that because privacy is actually an inherently social phenomenon, the ways in which adolescents' privacy needs and rights are shaped are essential to society's broader privacy interests. A close look at empirical understandings of privacy, how it shapes development, and how privacy itself can be shaped provides important lessons for addressing the critical juncture facing privacy rights and privacy itself. Adolescence, Privacy, and the Law provides an overview of the three major strands of privacy rights: decisional, spatial, and informational, and extends current understandings of these strands and how the legal system addresses adolescents and their legal status. Levesque presents comprehensive and specific analyses of the place of privacy in adolescent development and its outcomes, the influences that shape adolescents' expectations and experiences of privacy, and ways to effectively shape adolescents' use of privacy. He explains why privacy law must move in new directions to address privacy needs and pinpoints the legal foundation for moving in new directions. The book charts broad proposals to guide the development of sociolegal responses to changing social environments related to the privacy of adolescents and challenges jurisprudential analyses claiming that developmental sciences do not offer important and useful tools to guide responses to adolescents' privacy. Lastly, Levesque responds to likely criticisms that may hamper the development of sociolegal stances more consistent with adolescents' needs for privacy as well as with societal concerns about privacy.

The Behavioral Science of Firearms focuses on applying behavioral science principles and knowledge to inform and improve firearm-related policy, practice, and research. The authors provide comprehensive coverage of relevant case law and legal statutes, as well as issues pertaining to violence, suicide, and gun safety. Additional topics include civilian firearm ownership suitability; considerations for relevant professions (such as the military, law enforcement, and corrections); self-care; and more. Concepts are presented via a best-practices model that promotes empirically-supported decision-making. Drawing on a range of arenas such as psychology, sociology, criminal justice, and law, The Behavioral Science of Firearms is an essential resource for a wide readership, including practitioners, institutional and law enforcement personnel, legislators, and academicians and students in fields such as psychology, criminal justice, and public health.

An empirical look at the U.S legal system's effectiveness in addressing school segregation reveals that segregation persists and even surpasses levels experienced before the Civil Rights Movement. Yet, lawmaking continues as though segregation is a thing of the past. The negative effects of racial and ethnic disparities in schooling are well documented, but legal analysts increasingly interpret the law as a system that operates independently of research findings clearly pointing to disparities. For their part, researchers continue to document experiences of segregation without considering the legal system's basic concerns. The Science and Law of School Segregation and Diversity examines the sources of the disconnect between scientific findings on school segregation and how the U.S. legal system addresses it; evaluates these sources' empirical and legal foundations; explains why they persist; and reveals what can be done about them. Roger Levesque, a scholar with expertise in children's rights, family law, and adolescence, provides an overview of how the legal system approaches inequality based on racial/ethnic status. He presents an analysis of the empirical findings relating to the implementation of laws that would address racial disparities in schooling and educational outcomes. Finally, Levesque challenges jurisprudential claims that the developmental sciences do not offer important and useful tools to guide responses to differential treatment and circumstances based on race. This book will appeal to individuals interested in legal responses to schooling's place in society, discrimination, diversity, inequality, and more broadly, civil rights. The text will also appeal to developmentalists interested in prejudice, discrimination, and social development, and researchers, scholars, and students in law and psychology, law and education, law and human development, and law and society.

The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before.Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contemplate myriad legal issues that arise when jurors decide criminal cases as well as cutting-edge psychological research that can be used to not only understand the performance and experience of the contemporary criminal jury, but also to improve it. Chapter authors grapple with a number of key issues at the intersection of psychology and law, guiding readers to consider everything from the factors that influence the initial selection of the jury to how jurors cope with and reflect on their service after the trial ends. Together the chapters provide a unique view of criminal juries with the goal of increasing awareness of a broad range of current issues in great need of theoretical, empirical, and legal attention. Criminal Juries in the 21st Century will identify how social science research can inform law and policy relevant to improving justice within the jury system, and is an essential resource for those who directly study jury decision making as well as social scientists generally, attorneys, judges, students, and even future jurors.

Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.

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.

Eyewitness research has focused mainly on stranger identification, but identification is also critical for the "familiar stranger", and understanding how variability in an eyewitness's familiarity with the perpetrator may influence recall and recognition accuracy will facilitate swifter and more just resolutions to crime. Familiarity and Conviction in the Criminal Justice System examines the notion of familiarity between an eyewitness/victim and a perpetrator, ranging from complete unfamiliarity (as with a total stranger) to a very familiar other. Authors Joanna Pozzulo, Emily Pica, and Chelsea Sheahan define what is meant by "familiarity" in an eyewitness context and how it has been operationalized and manipulated, exploring factors that may interact with familiarity and examining jurors' perceptions of it. The first half of the book draws on various sub-areas of psychology to understand familiarity against the backdrop of eyewitness identification: social psychology theories of how familiarity is established; cognitive psychology and its theories of recognition; face processing literature; and eyewitness literature. The second half of the book surveys system and estimator variables that influence identification, such as lineup procedures, interviewing techniques, the role of age, race, and more; as well as how familiarity is weighed in juror decision-making. A final chapter issues a call for continuing research examining the notion of familiarity and its impact on the criminal justice system.

How can otherwise normal, moral persons - as citizens, voters, and jurors - participate in a process that is designed to take the life of another? In DEATH BY DESIGN, research psychologist Craig Haney argues that capital punishment, and particularly the sequence of events that lead to death sentencing itself, is maintained through a complex and elaborate social psychological system that distance and disengage us from the true nature of the task. Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enable persons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes. Because these social psychological forces are systemic in nature - built into the very system of death sentencing itself - Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness and reliability of the process.The historic and ongoing public debate over the death penalty takes place not only in courtrooms, but also in classrooms, offices, and living rooms. This timely book offers stimulating insights into capital punishment for professionals and students working in psychology, law, criminology, sociology, and cultural area studies. As capital punishment receives continued attention in the media, it is also a necessary and provocative guide that empowers all readers to come to their own conclusions about the death penalty.

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition , and breadth of practice. What began as a small activist group of social scientists volunteering their expertiseto assist in the defence of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds.In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice.This book is an indispensible guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it presents.

Human emotional suffering has been studied for centuries, but the significance of psychological injuries within legal contexts has only recently been recognized. As the public becomes increasingly aware of the ways in which mental health affects physical - and financial - well-being, psychological injuries comprise a rapidly growing set of personal injury insurance claims. Although the diverse range of problems that people claim to suffer from are serious and often genuine, the largely subjective and unobservable nature of psychological conditions has led to much skepticism about the authenticity of psychological injury claims. Improved assessment methods and research on the economic and physical health consequences of psychological distress has resulted in exponential growth in the litigation related to such conditions. Integrating the history of psychological injuries both from legal and mental health perspectives, this book offers compelling discussions of relevant statutory and case law. Focussing especially on posttraumatic stress disorder, it addresses the current status and empirical limitations of forensic assessments of psychological injuries and alerts readers to common vulnerabilities in expert evidence from mental health professionals. In addition, it also uses the latest empirical research to provide the best forensic methods for assessing both clinical conditions such as posttraumatic stress disorder and for alternative explanations such as malingering. The authors offer state-of-the-art information on early intervention, psychological therapies, and pharmaceutical treatments for posttraumatic stress disorder and stimulating suggestions for further research into this complex phenomenon. A comprehensive guide to psychological injuries, this book will be an indispensable resource for all mental health practitioners, researchers, and legal professionals who work with psychological injuries.

Many hospital emergency departments are overcrowded and short-staffed, with a limited number of hospital beds. It is increasingly hard for emergency departments and their staff to provide the necessary level of care for medical patients. Caring for people with psychiatric disabilities raises different issues and calls on different skills.In Emergency Department Treatment of the Psychiatric Patient, Dr Stefan uses research, surveys and statutory and litigation materials to examine problems with emergency department care for clients with psychiatric disorders. She relies on interviews with emergency department nurses, doctors and psychiatrists, as well as surveys of people with psychiatric disabilities to present the perspectives of both the individuals seeking treatment, and those providing it.This eye-opening book explores the structural pressures on emergency departments and identifies the burdens and conflicts that undermine their efforts to provide compassionate care to people in psychiatric crisis. In addition to presenting a new analysis of the source of these problems, Dr Stefan also suggests an array of alternatives to emergency department treatment for people in psychiatric crisis. Moreover, the author proposes standards for treatment of these individuals when they do inevitably end up in a hospital emergency department.Emergency Department Treatment of the Psychiatric Patient presents a thoughtful and thorough analysis of the difficulties faced by people with psychiatric disabilities when seeking emergency medical care. It is essential reading for anyone working in a hospital emergency department, as well as health care policy makers, and advocates and lawyers for people with psychiatric disabilities.

It is hard enough in many cases simply figuring out whether a person has committed an antisocial act. It is harder still to determine the extent to which he or she intended the act, and why he or she committed it. And most difficult of all is divining whether a person will harm again. The law has increasingly turned to mental health professionals to help address these issues, particularly the last two. Because of their familiarity with and study of human behavior, psychiatrists, psychologists and other clinicians are thought to possess special expertise in assessing culpability and dangerousness. Members of these groups routinely furnish the courts with evaluations of insanity and other mental state at the time of the offense, and even more frequently proffer predictions about future behavior. Both culpability and dangerousness are exceedingly difficult to gauge; even mental health professionals well-versed in the behavioral sciences cannot claim a high degree of reliability in their efforts to address these issues. Though the current trend in evidence law is to demand a rigorous demonstration of scientific validity from expert witnesses, especially when those experts are mental health professionals proffered by the defense, this book argues that this is a mistake. Such a position undermines the fairness of the process and could quite possibly even diminish its reliability, given the defense's constitutional entitlement to tell its story and the inscrutability of past and future mental states. At the same time, Professor Slobogin proposes a number of ways the courts can ensure that experts provide the best possible information about ultimately unknowable past mental states and future behavior.

With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land. Who are the justices that run it and how do they make their decisions?The Psychology of the Supreme Court by Lawrence S. Wrightsman is the first book to thoroughly examine the psychology of Supreme Court decision-making. Dr. Wrightsman's book seeks to help us understand all aspects of the Supreme Court's functioning from a psychological perspective. This timely and comprehensive work addresses many factors of influence, including the background of the justices, how they are nominated and appointed, the role of their law clerks, the power of the Chief Justice, and the day-to-day life in the Court. Dr. Wrightsman uses psychological concepts and research findings from the social sciences to examine the steps of the decision-making process, as well as the ways in which the justices seek to remain collegial in the face of conflict and the degree of predictability in their votes.

There is much controversy about the dangers of a free media when it comes to children and adolescents. Many believe that this constitutional right should be amended, altered, or revoked entirely to prevent the young from being negatively influenced. Graphic violence, sexual content, and the depiction of cigarette smoking have all come under fire as being unacceptable in media that is geared towards adolescents, from television and movies to magazines and advertising.This book presents a synthesis of all current knowledge about the developmental effects of a free media on adolescents. All findings are assessed within the context of normal adolescent development. Both legal restrictions and less formal regulatory bodies (schools, parent groups etc.) are reviewed to present a full picture of the ways in which a free media is constrained to protect adolescents' development.

While the concept of "God in the courtroom" evokes a few grand images, there are numerous, often subtle, ways in which religion and law intersect. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision-making processes of various legal actors, and trial outcomes. Chapters address jury selection and bias, attorneys' use of religion in legal movements, judges' religious beliefs and its role in their appointment, and the treatment of religious figures or institutions as litigants in court. By drawing from various research sources, the authors effectively explore the range of ways in which religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

Eyewitness testimony is highly compelling in a criminal trial, and can have an indelible impact on jurors. However, two decades of research on the subject have shown us that eyewitnesses are sometimes wrong, even when they are highly confident that they are making correct identifications. This book brings together an impressive group of researchers and practicing attorneys to provide current overviews and critiques of key topics in eyewitness testimony.

Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making. The first section of the book takes as its starting point the fact that judges make many of the same judgments and decisions that ordinary people make and considers how our knowledge about judgment and decision-making in general applies to the case of legal judges. In the second section, chapters focus on the specific tasks that judges perform within a unique social setting and examine the expertise and particular modes of reasoning that judges develop to deal with their tasks in this unique setting. Finally, the third section raises questions about whether and how we can evaluate judicial performance, with implications for the possibility of improving judging through the selection and training of judges and structuring of judicial institutions. Together the essays apply a wide range of psychological insights to help us better understand how judges make decisions and to open new avenues of inquiry into the influences on judicial behavior.

When the Supreme Court agrees to decide a case, the litigants make an (usually one-hour) oral presentation to the Court. In all the steps in the Court's decision, this is the only public part. As such, it provides an important window into the Court's decision-making processes. Using original transcripts from the last 8 sessions of the Supreme Court, Wrightsman's empirical research is the first of its kind. The purpose of this book is to examine how the oral arguments work, and their effect on the Court's decisions. It also draws the important distinction between ideological cases (i.e. hot-button issues such as the death penalty, affirmative action, abortion, and the environment) and non-ideological cases (bankruptcy, tax code, civil litigation), and shows the different ways in which they're treated.

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice.

Over the past three decades, the American criminal justice system has become unapologetically punitive. High rates of incarceration and frequent use of long-term segregation have become commonplace, with little concern for evidence that such practices make the public safer - and as the editors of this groundbreaking volume assert, they do not. Bringing together experts in the fields of social science, forensic psychology and criminal justice, Using Social Science to Reduce Violent Offending addresses what truly works in reducing violent offending. Promoting an approach to correctional policy grounded in an evidence-based and nuanced understanding of human behavior, leading authorities from the United States, Canada, and Great Britain offer specific and practical strategies for improving the criminal and juvenile justice systems. Beginning by covering the history and scope of violent crime and incarceration in the U.S., this pioneering volume offers clear and practical recommendations for implementing approaches focused on behavioral change of even the most particular offender groups, such as juvenile offenders, sexual offenders, and offenders with mental illnesses. The authors argue for a more scientifically informed justice system, one where offenders-through correctional approaches such as community-based treatments and cognitive behavioral interventions-can be expected to learn the skills they will need to succeed in avoiding crime upon release. Authors also highlight methods for overcoming system inertia in order to implement these recommendations. Drawing on the science of human behavior to inform correctional practice, this book is an invaluable resource for policymakers, practitioners, mental health and criminal justice professionals, and anyone interested in the science behind the policies surrounding criminal punishment.

Society is largely blind-often willfully blind-to the ongoing violations of international human rights law when it comes to the treatment of persons with mental disabilities. Despite a robust set of international law principles, standards and doctrines, and the recent ratification of the United Nations' Convention on the Rights of Persons with Disabilities, people with mental disabilities continue to live in some of the harshest conditions that exist in any society. These conditions are the product of neglect, lack of legal protection against improper and abusive treatment, and social attitudes that demean, trivialize and ignore the humanity of persons with disabilities.International Human Rights and Mental Disability Law: When the Silenced are Heard draws attention to these issues in order to shed light on deplorable conditions that governments continue to ignore, and to invigorate the debate on a social policy issue that remains a low priority for most of the world's nations. Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems. Using examples from Western and Eastern Europe, South America, Africa and Asia, Perlin examines and summarizes the growing field of international mental health law, arguing that governmental inaction demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations. As Perlin argues, these issues pertain to all citizens of the world who value human rights and who care about how we treat those of us who may be most vulnerable. International Human Rights and Mental Disability Law is an indispensable resource for scholars, policymakers, governmental officials, and mental health professionals who care about the treatment of those with disabilities, and to human rights advocates and activists worldwide.

With the world's prison population continuing to grow and the number of inpatient beds in psychiatric hospitals on the rise, establishing valid and reliable methods of identifying individuals who will commit violent acts is an important global health and public safety issue. One approach to identifying future offenders is through the use of risk assessment--unstructured and structured methods of predicting the likelihood of antisocial behavior. Although much has been written on the performance of risk assessment in research settings, little is known about current standards of practice and relevant public policy across the globe. International Perspectives on Violence Risk Assessment includes chapters by leading risk assessment scholars in more than 15 countries and explores the topic from a truly international outlook. Using findings from the seminal International Risk Survey (IRiS), the largest qualitative study in the history of the field, current assessment, management, and monitoring practices on six continents are explored. Authors identify and describe the most commonly used risk assessment tools, examine risk communication preferences, and provide recommendations for mental health practitioners, criminal justice professionals, and legal professionals. Finally, authors review the seminal research studies, current practice guidelines, and relevant legal statutes of their jurisdictions. This volume serves as an invaluable resource for researchers, practitioners, and policymakers interested in this rapidly evolving field.

Where did Miranda go wrong? The purpose of this book is to identify and describe four problems with the implementation of the Miranda decision and to suggest remedies in order to have it achieve its original purpose. The four problems identified in the book are: 1. The justices, in placing restrictions of the questioning of suspects, limited these rights only to those suspects who were "in custody." The term "in custody" is legally vague as well as vague to the layperson. It permits the police to question suspects without giving them their Miranda rights in those settings where it is unclear whether custody is present.2. The Miranda warnings may not be fully understood by many suspects. There is no country-wide standardization of what is said; there are literally thousands of different versions of "the" Miranda warnings in use by different police departments in the United States.3. Police training manuals, while recognizing the right to a "Miranda warning," have developed many ways to circumvent giving the warnings or ignoring a response in which a suspect does decide to remain silent or ask for an attorney. 4. In the 40 years since the Miranda law was established, the Supreme Court and lower courts have made decisions eroding their application. Can the original goal of the authors of the Miranda law be salvaged? This book examines the state of interrogations and the state of the law before the Miranda decision was made, the purposes and nature of the decision, and proposes recommendations for reinstituting the original goals.

First established at the end of the 19th century, the juvenile justice system has long been searching for an effective set of guiding principles. Over the last hundred years, through a series of piecemeal rulings, it has undergone an evolution from its original foundation on the rehabilitation model to the current "get-tough" system that increasingly treats juvenile offenders as adults. At present, there is no overarching theory or model of juvenile justice intervention in this nation or even in any given state. Juvenile justice policy is best characterized as a helter-skelter array, inconsistent across jurisdictions, with no overarching theoretical framework providing guidance. Indeed, the field is desperately in need of a coherent model to serve as a guide to policymaking.In recent years, substantial gains have been made in the relevant knowledge on juveniles and offender treatment. We know more about the cognition and functioning of minors generally, and juvenile offenders specifically, as well as about how they respond to different types of interventions. Public attitudes have softened since the height of the "get-tough" era, and many policymakers are open to new ideas as they recognize that the current system just isn't effective. In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions, the science underlying the new perspective to be elucidated in the book and how that science informs the authors' perspectives. Most helpfully, they provide a detailed description of the proposed new model along with discussion of the procedural rules that should accompany its implementation, and articulation of the way in which the model would work in practice. For researchers and policymakers involved in juvenile justice, this book is a call to arms and a model for future developments.

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.

Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. Children Who Resist Post-Separation Parental Contact is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The authors - Fidler, Bala, and Saini - a psychologist, a lawyer and a social worker, are an multidisciplinary team who draw upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of "alienation " and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The authors review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed. Considering legal, clinical, prevention, and intervention strategies, and concluding with recommendations for practice, research, and policy, this book is a much-needed resource for mental health professionals, judges, family lawyers, child protection workers, mediators, and others who work with families dealing with divorce, separation, and child custody issues.

Lawmakers and judges often enact and enforce laws and policies that impact youth. The extent to which these legal actions are sensitive to juveniles' perspectives and experiences has changed recently. Compared to an earlier time when juvenlies were treated the same as adults, many policies are now created with the needs of juveniles in mind, thanks in part to psychological studies that have revealed that the decision making, behavior, and cognitions of children vary drastically from those of adults. Unique in its angle and in thebreadth of social issues it covers, Psychology, Law, and the Wellbeing of Children brings together new research and analyses to address how legal actions affect children's wellbeing. It addresses how civil and criminal law has evolved to protect, and sometimes inadvertently neglect or harm, the wellbeing and development of children. Each chapter describes a law or policy affecting children, identifies the relevant psychological issues, reviews the research that has been conducted or should be conducted, and provides recommendations for professionals in law and/or psychology. With contributions from top researchers and practitioners in the field, chapters discuss many current debates, including issues such as gender-specific programming for juvenile delinquents, interrogations of juveniles, changes in divorce and custody procedures, programs for imprisoned mothers, and legal actions adopted to protect the health of children and sociecty (e.g., HPV vaccinations, considering child obesity to be abuse). This book will be a vital resource for those interested in protecting the wellbeing of children, including academics and researchers in psychology, criminology, and sociology; practitioners such as judges, attorneys, forensic psychologists, psychiatrists, and social workers; and graduate and law students.