The Psychology of Juries

Author: Margaret Bull Kovera

Publisher: American Psychological Association (APA)

ISBN: 9781433827044

Category: Law

Page: 309

View: 7591

DOWNLOAD NOW »
This volume summarizes what is known about the psychology of juries and offers a robust research agenda to keep scholars busy in years to come.

Inside the Juror

The Psychology of Juror Decision Making

Author: Reid Hastie

Publisher: Cambridge University Press

ISBN: 9780521477550

Category: Psychology

Page: 277

View: 5706

DOWNLOAD NOW »
Provides a comprehensive and understandable summary of the major theories of juror decision making.

Jury Decision Making

The State of the Science

Author: Dennis J. Devine

Publisher: NYU Press

ISBN: 0814725228

Category: Psychology

Page: 283

View: 389

DOWNLOAD NOW »
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making Dennis J. Devine examines over 50 years of research on juries and offers a “big picture” overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.

Determining Damages

The Psychology of Jury Awards

Author: Edie Greene,Brian H. Bornstein

Publisher: Amer Psychological Assn

ISBN: 9781557989741

Category: Law

Page: 238

View: 4795

DOWNLOAD NOW »
Annotation This study examines the reasoning process behind the jurors' complex task of deciding damage awards, and how the structure and procedures of civil jury trials sometimes impede such decisions. Green (psychology, U. of Colorado, Colorado Springs) and Bornstein (psychology and law, U. of Nebraska) consider such influential factors as identity of the plaintiff, defendant, and jurors themselves; conduct of the litigants; and severity and nature of the injury. The study concludes with recommendations for policy reform. Written for psychologists, law practitioners, social scientists, and policy makers. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).

Jury trials

the psychology of winning strategy

Author: Donald E. Vinson

Publisher: Lexis Pub

ISBN: N.A

Category: Law

Page: 244

View: 439

DOWNLOAD NOW »
This work is an overview of the psychological theories useful to attorneys in selecting and persuading juries. It outlines the techniques used in voir dire, opening statements, presentation of exhibits, and expert testimony.

The Inner Jury

Winning Trials with Strategic Psychology, Modern Trial Science, Emerging Principles from Other Disciplines

Author: Bruce B. Whitman

Publisher: N.A

ISBN: 9780988205239

Category: Jury

Page: 177

View: 3205

DOWNLOAD NOW »
The most important people in any courtroom are the jurors. Unfortunately, jurors are often hiding from the lawyers, knowingly or unconsciously repressing their innermost feelings. This repression, unexposed, can doom even the best cases and lawyers to defeat. With more than 30 years of experience in front of juries, Whitman explains how to use proven psychological and psychiatric principles and methods in the courtroom to lead the jury to a verdict and damage award for the plaintiff. He explains how such principles as transference, positive regard, unity, group dynamics, and humanism can overcome natural juror resistance to awarding large ? or even small ? damages and verdicts. He explains how to incorporate the strategies of respected trial scientists, such as David Ball ("Damages") and Rick Friedman ("Rules of the Road"), into his own psychology-based methods to maximize the chance of success in the courtroom. Whitman's thesis is that instead of focusing on their own performance and inner struggles, the most successful trial lawyers concentrate on what the jurors need from the lawyer and how the jury perceives the trial.

In Doubt

The Psychology of the Criminal Justice Process

Author: Dan Simon

Publisher: Harvard University Press

ISBN: 0674065115

Category: Law

Page: 420

View: 4444

DOWNLOAD NOW »
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

The Psychology of Tort Law

Author: Jennifer K. Robbennolt,Valerie P. Hans

Publisher: NYU Press

ISBN: 0814724949

Category: Law

Page: 320

View: 9318

DOWNLOAD NOW »
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

The Psychological Foundations of Evidence Law

Author: Michael J. Saks,Barbara A. Spellman

Publisher: NYU Press

ISBN: 0814783872

Category: Law

Page: 320

View: 7054

DOWNLOAD NOW »
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

The Psychology of Criminal Justice

Author: Geoffrey Stephenson

Publisher: Wiley-Blackwell

ISBN: 9780631145479

Category: Psychology

Page: 300

View: 2731

DOWNLOAD NOW »
The Psychology of Criminal Justice integrates aspects of psychology's contributions to criminology and to socio-legal studies within a single narrative framework. It does this by describing the interpersonal and group dynamics of decision-making at key stages in the processing of accused persons from the time an alleged offence is committed to the moment sentence is passed. The book bears directly on many current debates concerning the ability of the criminal justice system to deliver reliable verdicts. It recognizes the interdependence of decision makers in the system and addresses questions at an appropriately social-psychological level. The book examines systematically and critically the dynamics of criminal decision-making, the response of victims, the assumptions, attitudes and behavior of police officers, the conduct of court proceedings, the performance of witnesses, the strengths and weaknesses of juries, and the sentencing of magistrates and judges. Discussions of law and morality, the attribution of blame in court and in everyday life, and the achievement of justice in interpersonal and organizational contexts, provide a definitive account of the social psychology of law in the context of criminal justice. Problems with our adversarial system of justice have led to the establishment of a Royal Commission on Criminal Justice. It is commonplace to seek a scapegoat in the behavior of one or other protagonist in the system - especially the police. It will become clear to readers of this book that breakdowns of the system are a product of persuasive interpersonal and intergroup processes of organization, reaching well beyond the behavior of any one agent.

Inside the Jury

Author: Reid Hastie,Steven Penrod,Nancy Pennington

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772697

Category: History

Page: 277

View: 523

DOWNLOAD NOW »
Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.

Legal Blame

How Jurors Think and Talk about Accidents

Author: Neal Feigenson

Publisher: Amer Psychological Assn

ISBN: 9781557988348

Category: Law

Page: 301

View: 7358

DOWNLOAD NOW »
Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.

Understanding World Jury Systems Through Social Psychological Research

Author: Martin F. Kaplan,Ana M. Martín

Publisher: Psychology Press

ISBN: 1134953054

Category: Psychology

Page: 240

View: 5591

DOWNLOAD NOW »
This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures. Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia). This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.

The Science of Attorney Advocacy

How Courtroom Behavior Affects Jury Decision Making

Author: Jessica D. Findley,Bruce Dennis Sales

Publisher: Amer Psychological Assn

ISBN: 9781433810985

Category: Law

Page: 298

View: 3865

DOWNLOAD NOW »
Successful advocacy approaches are essential for the practice of law. Lawyers, law professors, judges, and other legal commentators have offered numerous recommendations for how trial lawyers can persuade juries, including techniques in verbal and nonverbal communication, attorney demeanor, and so forth. These recommendations have been put into trial practice handbooks and are frequently taught in law schools as part of the trial advocacy curriculum. However, they often rely on popular assumptions or intuition rather than social and behavioral science. Research is needed to differentiate intuition and speculation from scientific proof of efficacy. This book fills this critical gap by reviewing the scientific support for popular advocacy recommendations. It first summarizes trial commentators' recommendations, then reviews the scientific support for these recommendations, and finally evaluates the recommendations in light of the scientific support. Research is culled from not only trial and simulated trial settings, but also other social and behavioral settings. Topics include attorney demeanor, verbal and nonverbal communications, the attorney-client relationship, and storytelling (narrative techniques). This book will appeal to researchers in psychology, communications, linguistics, and other social sciences, as well as trial commentators and practicing attorneys.

The Jury Under Fire

Myth, Controversy, and Reform

Author: Edie Greene

Publisher: Oxford University Press

ISBN: 0190201347

Category:

Page: 416

View: 9565

DOWNLOAD NOW »
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.

The Psychology of Crime, Policing and Courts

Author: Andreas Kapardis,David P. Farrington

Publisher: Routledge

ISBN: 1317395468

Category: Law

Page: 260

View: 8812

DOWNLOAD NOW »
This book brings together an international group of experts to present cutting-edge psychological research on crime, policing and courts. With contributors from the UK, Germany, Italy, Norway, Cyprus, Israel, Canada and the USA, this volume explores some of the most interesting and contemporary areas of criminological and legal psychology. The Psychology of Crime, Policing and Courts is divided into three parts. Part I explores crime and anti-social behaviour, including the concentration of offending within families, juvenile delinquency, adolescent bullying, cyberbullying, violence risk assessment, and psychopathy. Part II examines policing and the detection of deception, with chapters on interrogational practices, police interviews of children, and modern detection methods. Part III focuses on courts and sentencing, with chapters exploring wrongful convictions, the role of juries, extra-legal factors in sentencing decisions and an examination of sentencing itself. Representing the forefront of research in developmental criminology and criminological and legal psychology, this book is a comprehensive resource for undergraduate and postgraduate students studying psychology and criminology, with particular value for those studying forensic psychology. This book is also a valuable resource for psychologists, lawyers, social scientists and law enforcement personnel.

Courtroom Psychology and Trial Advocacy

Author: Richard Waites

Publisher: Auburn House/Greenwood

ISBN: 9780970597090

Category: Law

Page: 624

View: 2420

DOWNLOAD NOW »
An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, thisbook looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from basic trial advocacy primers is its attention to the results of decades of scientific research relating to courtroom psychology(or persuasion psychology). This area concerns how and why jurors, judges,and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice andhow lawyers can use it to their advantage.

Mastering Voir Dire and Jury Selection

Gain an Edge in Questioning and Selecting a Jury

Author: Jeffrey T. Frederick

Publisher: Amer Bar Assn

ISBN: 9781616328450

Category: Law

Page: 589

View: 4292

DOWNLOAD NOW »
This much anticipated and expanded Third Edition by one of the nation's most experienced trial consultants goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This valuable guide will help you understand effective voir dire and jury selection strategies and adapt them to the unique circumstances you face in your trial jurisdiction.

Confessions of a Criminal Lawyer

A Memoir

Author: Seymour Wishman

Publisher: Open Road Media

ISBN: 1480406066

Category: Biography & Autobiography

Page: 246

View: 4164

DOWNLOAD NOW »
A successful former defense attorney exposes the raw truth about the courtroom “game” and a career spent defending the guilty As an advocate for the accused in Newark, New Jersey, criminal lawyer Seymour Wishman defended a vast array of clients, from burglars and thieves to rapists and murderers. Many of them were poor and undereducated, and nearly all of them were guilty. But it was not Wishman’s duty to pass moral judgment on those he represented. His job was to convince a jury to set his clients free or, at the very least, to impose the most lenient punishment permissible by law. And he was very good at his job. Reveling in the adrenaline rush of “winning,” Wishman gave no thought to the ethical considerations of his daily dealings . . . until he was confronted on the street by a rape victim he had humiliated in the courtroom. A fascinating, no-holds-barred memoir of his years spent as “attorney for the damned,” Wishman’s Confessions of a Criminal Lawyer is a startling and important work—an eye-opening, thought-provoking examination of how the justice system works and how it should work—by an attorney who both defended and prosecuted those accused of the most horrific crimes.

The American Jury On Trial

Psychological Perspectives

Author: Saul M. Kassin,Lawrence S. Wrightsman

Publisher: Taylor & Francis

ISBN: 1135874654

Category: Psychology

Page: 246

View: 7536

DOWNLOAD NOW »
First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.