Empirical study of hearsay rules: Bridging the gap between psychology and law.

The legal rules regarding hearsay rest heavily on empirical hunches that could usefully be evaluated through psychological research. Because of the complexity of the rules, psychologists have found it difficult to identify important underlying assumptions that might be tested and lawyers have not appreciated the possible importance of empirical research. This article is designed to help bridge the gap between psychology and law by promoting innovative thinking about the role of empirical research in the evaluation of hearsay. The authors describe the hearsay rules and their rationale in a manner useful to psychological researchers and discuss the prospects for testing underlying assumptions. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Rehabilitation psychology and law.

Examines the relationship between rehabilitation psychology and the law, noting that written laws can be another source of barriers on the disabled, just as societal attitudes also have a negative impact on handicapped individuals. A model of psycholegal research on the disabled and the concept of both disability and handicap is presented: rehabilitation psychologists need to scientifically determine the components of the law (e.g., legal systems, legal processes). Rehabilitation psychologists also can be involved professionally in helping the law achieve its behavioral goals (e.g., in eligibility hearings for disability). Articles by B. Sales, H. E. Yuker, I. Keilitz and R. Van Duizend, M. Rosenthal and K. I. Kolpan, and P. H. DeLeon et al (see PA, Vol 74:18687, 19815, 19868, and 18635, respectively) are also summarized in this special issue. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The rule of law in an instant society: Implications for law and psychology.

Discusses the impact of the "instant" society of modern America (and the resulting demand in society for instant answers to complex social problems) and the apotheosis of public opinion polls on the courts, judges, and legal institutions of the US during the 1980's. It is argued that institutional attacks on judicial institutions throughout the country reflect a dangerous impatience with the rule of law. It is concluded that Americans must work to construct a safety net for civil liberties and individual freedoms that are threatened by the current emphasis on quick solutions. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Changes in family law and family life: Challenges for psychology.

In the past two decades, striking changes in family demographics have been accompanied by equally dramatic shifts in family law. The development of constitutional principles to guide state involvement in the lives of children and families has raised questions about the competence of minors and the sensitivity of parents to children's interests. At the same time, legal realism finally has emerged as an approach to the construction of new standards for resolution of family disputes and new definitions of the family itself. These changes in family law present new challenges to psychology to generate and diffuse the knowledge necessary for careful policy-making. Care must be taken, though, to ensure that legitimate limits of role and expertise are acknowledged and respected. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Making law therapeutic for lawyers: Therapeutic jurisprudence, preventive law, and the psychology of lawyers.

The integration of therapeutic jurisprudence (TJ) with preventive law (PL) offers a uniquely satisfying and humanistic way of practicing law. The author uses the psychological data on the personality characteristics of lawyers to argue that TJ/PL is particularly well suited for lawyers with certain personality traits atypical of lawyers generally. These traits reflect altruistic, humanistic, or interpersonally oriented values; 2 of these atypical traits have been empirically linked to career dissatisfaction among lawyers. Because of the pervasiveness of the problem of lawyer job dissatisfaction, solutions are needed. TJ/PL is more than simply an alternative way of practicing law; it may actually hold the key to solving some of the problems currently besieging the legal profession. (PsycINFO Database Record (c) 2011 APA, all rights reserved)     

Military conflict and terrorism: General psychology informs international relations.

Several experiments, focusing on decisions made by young, voting-age citizens of the United States about how to respond to incidents of international conflict, are summarized. Participants recommended measured reactions to an initial attack. Repeated attacks led to escalated reaction, however, eventually matching or exceeding the conflict level of the attack itself. If a peace treaty between contending nations was in place, women were more forgiving of an attack, and men were more aggressive. There was little overall difference in reactions to terrorist versus military attacks. Participants responded with a higher level of conflict to terrorist attacks on military than on cultural-educational targets. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Dangerousness: A paradigm for exploring some issues in law and psychology.

Discusses the social phenomenon of "dangerousness" in terms of legal and social responses and in terms of potential contributions by psychology and other behavioral and social sciences toward increased understanding and more effective coping by society with such social problems. Social scientists need to become more concerned with the study of dangerous behaviors and practices in society, especially in light of the disproportionate injury and harm suffered by socially disadvantaged groups. Although values and ideologies are involved with perspectives on social problems, it is argued that preferences that are essentially ideological should not be presented under the trappings of "science." (2 p ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Family psychology and family law: Introduction to the special issue.

This special issue of the Journal of Family Psychology evolved from the work of the Forensic Task Force of Division 43, American Psychological Association, members of which have been studying and working with the emerging, complex issues occurring at the intersection of family psychology and family law. This issue is an endeavor to bring together current research and paradigm development that has relevance not only to family psychologists who have expertise in systems and developmental theories but also to forensic psychologists who have expertise in individual assessment but may lack experience in a systems-ecological framework. A primary goal of this special issue is to introduce readers to new and emerging opportunities for research and practice in the areas where family psychology and family law overlap. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Training in law and psychology: Models from the Villanova conference.

Although the domain of law and psychology is a burgeoning and popular field of study, there has never been a concerted effort to evaluate current training models or to develop newer, more effective ones. 48 invited participants attended a national conference held at Villanova Law School to remedy this deficiency. Working groups addressed issues of education and training for the undergraduate level; for doctoral-level programs in law and social science; for forensic clinical training; for joint-degree (JD/PhD–PsyD) programs; for those in practica, internships, and postdoctoral programs; and for continuing education. This article delineates levels and models of training in each of these areas. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Role conflict in forensic clinical psychology: Reply to Arcaya.

I agree with Arcaya that there is potential for serious role conflict in conducting forensic evaluations, but I disagree with how this problem is characterized and explained. Arcaya's contentions are reformulated as research hypotheses that can be empirically tested. The American Psychological Association's Ethical Principles of Psychologists are relevant and are cited in support of several proposals for safeguarding defendant rights and reducing the potential for role conflict in forensic evaluations. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Analytic psychology and gender role conflict: The development of the fragile masculine self.

There is a need to undertake a comprehensive approach to understanding gender specific challenges and solutions. This includes understanding the gender role related conflicts men experience. It also includes a reexamination of some of the long-held beliefs regarding men and masculinity including a gender identity socialized to conceptualize a sense of self that emphasizes independence to the exclusion of relational strivings. There is also the emphasis in male socialization to avoid the feminine in hopes that this will enhance the masculine identity. It is argued here that for many men, following this course of gender socialization has led to the development of a fragile masculine self. The fragile masculine self is conceptualized from an analytic psychology perspective, integrating aspects of intrapsychic development with psychosocial aspects of O'Neil's gender role conflict paradigm. Combining aspects of the intrapsychic with that of psychosocial forces leads to the development of a new model for conceptualizing and working with men in individual and group therapy. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The role of psychology in the resolution of international conflict.

The theme was set by the question "What effective assistance can Psychology give to the elimination of tension and conflict in the world community of men and nations?" raised by Ralph Bunche serving as conference chairman at the dedication of Gerry Hall, Dartmouth College's new psychology laboratory. The participants included Doob, Cantril, H. H. Sargeant, Osgood, Dore Schary, K?hler, Skinner, Gerald Sykes, and Leonard Mead. Brief summary statements to indicate positions advanced by the participants are presented. Optimism was reflected in the final conference remarks. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Situations matter: Teaching the Lewinian link between social psychology and rehabilitation psychology.

A little-recognized fact is that social psychology and rehabilitation psychology share a common theoretical ancestry in the situation perspective of Kurt Lewin. Theory and research in both fields assumes that situational influences often override the impact of personal factors, including dispositions. Situational analyses led to the development of a variety of cognitive explanations capturing people's phenomenal accounts for the causes of behavior and concomitant interpretation of social problems. Teachers can explore reasons why, despite the fields' having a shared theoretical perspective and topics of common interest (e.g., attitudes, prejudice, discrimination), little scholarly intradisciplinary contact currently occurs between them. (PsycINFO Database Record (c) 2011 APA, all rights reserved)     

A high risk recognition program for adolescents in conflict with the law.

Describes a high risk recognition program aimed at reducing recidivism among the heterogeneous young offender population. The program, which is based on cognitive-behavioral relapse prevention programs for adult sexual offenders, was developed for use within an inpatient treatment program for 14–18 yr olds sentenced to secure custody for a variety of crimes. Young offenders identify risk factors or warning signs for various forms of offending behavior based on their analysis of past criminal acts. They then generate strategies for coping with future recurrence of these risk factors. The authors consider the utility and applicability of such an intervention and make recommendations for researching the efficacy of the technique. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Cultural values and authority relations: The psychology of conflict resolution across cultures.

The findings of 4 studies suggest that cultural values about power distance influence the way that people react to third-party authorities in a manner predicted by the relational model of authority (T. R. Tyler & E. A. Lind, 1992). Power-distance values reflect beliefs about the appropriate power relationship between authorities and their subordinates. As predicted, when making evaluations of authorities, those lower in their power-distance values placed more weight on the quality of their treatment by authorities. In contrast, those with higher power-distance values focused more strongly on the favorability of their outcomes. These findings suggest that the degree to which authorities can gain acceptance for themselves and their decisions through providing dignified, respectful treatment is influenced by the cultural values of the disputants. Informal alternative dispute resolution procedures, such as mediation, are more likely to be effective among those who have low power-distance values. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Introduction to the special issue on rehabilitation psychology and the law.

Introduces this Special Issue of Rehabilitation Psychology, which includes a compilation of articles that represent the most current thinking in and is an up-to-date report of the interplay between legal factors and rehabilitation psychology. The guest editor, Bruce Sales, in his overview of the issue, cogently identifies those barriers to effective rehabilitation and highlights those that are created by our legal system, at either the national, state, or local level. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Relationships between psychology and psychiatry: the hidden issues.

The "… underlying bases of friction between professions of psychology and psychiatry" are explored. Friction emanating from psychiatry stems from the medical pretense of omniscience, an elevated regard for the M.D. degree, and the psychiatrist's position as "… low man on the medical totem pole." Activities of psychologists entering private practice represent "… an economic threat to psychiatrists." The "psychiatrist's theoretical dogmatism… can be attributed to lack of training and sophistication in the content and methods of psychology." Friction emanating from psychology stems from a claim to omniscience, an elevated regard for the degree in psychology, and psychologists trained in areas other than clinical becoming clinical psychologists "… by fiat alone… ." (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Review of Introduction to psychology and law: Canadian perspectives.

Reviews the book, Introduction to psychology and law: Canadian perspectives by Regina A. Schuller and James R. P. Ogloff (see record 2001-06385-000). The book begins with an introduction by the editors underscoring the breadth of applications of psychology in legal forums and describing the well-known history of this field, along with the inevitable tension that exists between the disciplines of psychology and law. Standard ethical issues facing psychologists in this intersection are also explored. The introduction is followed by a chapter by Gordon Rose, which gives a ready overview of the Canadian legal system and typical procedures in criminal and civil actions. This information is an essential foundation for understanding the environment into which psychology must fit. The subsequent 12 chapters are collected in three sections relating to criminal procedure, forensic clinical psychology, and forensic civil psychology. Most chapters begin with a Canadian case vignette and conclude with four discussion questions that arise from the chapter material. These questions will be very useful as a regular component of class participation. This book presents a balanced balanced mix of experimental and clinical psychological information to be applied to the law covered by the text. With few exceptions, such as in the case of young offenders issues, the range of topics covered is adequate. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Coal handling, steamfitting, psychology, and law.

Discusses 2 court cases where invalid psychological tests were administered to exclude blacks from employment and promotion as examples of breaches of professional standards. The 1st case involved promotion from laborer (all black) to coal handler (all white) in a North Carolina power plant. The Supreme Court ruled unanimously that tests could be used only when demonstrably related to job performance. The 2nd case in New York City involved 2 blacks who were barred from apprenticeship training in steamfitting on the basis of an irrelevant test of verbal analogies. Neither the American Psychological Association (APA) manual of test standards nor its casebook of ethical standards discusses these abuses. In addition to updating these volumes, the APA is urged to play a greater role in educating lawyers, government officials, and businessmen on the technical aspects of test validation in light of the Supreme Court decision. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Disentangling the psychology and law of instrumental and reactive subtypes of aggression.

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental-reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental-reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and confusion in criminal law applications as support for their position. But how similar is the legal distinction between murder and manslaughter to the instrumental-reactive aggression dichotomy in psychology? This article compares and contrasts the psychological and legal models and demonstrates that the purposes for distinguishing between instrumental and reactive aggression in psychology and law are undeniably different in meaningful ways. As such, a perceived shift in law away from differentiating murder and manslaughter has no bearing on the usefulness of the instrumental-reactive aggression distinction in psychological science. (PsycINFO Database Record (c) 2010 APA, all rights reserved)