Forensic and Legal Psychology: Psychological Science Applied to Law 4th Edition by Mark Costanzo, ISBN-13: 978-1319244880
[PDF eBook eTextbook]
- Publisher: Worth Publishers; Fourth edition (December 15, 2020)
- Language: English
- 560 pages
- ISBN-10: 1319244882
- ISBN-13: 978-1319244880
Mark Costanzo and Daniel Krauss’s text show students how psychological science can be used to reduce crime, improve legal decision making, and promote justice. Fully integrated discussions of real cases and trials, along with other examples of the legal system in action, show how research and theory can deepen our understanding of suspects, criminals, police, victims, lawyers, witnesses, judges, and jurors.
Table of Contents:
About this Book
Cover Page
Title Page
Copyright Page
Dedication
About the Authors
Brief Contents
Contents
Preface
Chapter 1 Psychology and Law: A Cautious Alliance
A Brief History of Psychology and Law
A Clash of Cultures
Goals: Approximate Truth Versus Approximate Justice
Methods: Rulings Versus Data
Style of Inquiry: Advocacy Versus Objectivity
The Importance of Bridging the Two Cultures
Roles Played by Psychologists Interested in Law
Psychologists as Advisors
Psychologists as Evaluators
Scientific American Spotlight 1.1: Does Tough Treatment of Troubled Teens Work? by Scott O. Lilienfeld and Hal Arkowitz
Psychologists as Reformers
Five Pathways for Influencing the Legal System
Expert Testimony
Scientific American Spotlight 1.2: Neuroscience in the Courtroom by Michael S. Gazzaniga
Cross-Disciplinary Education
Amicus Curiae Briefs
Broad Dissemination of Research Findings
Influencing Legislatures and Public Policy
Has Psychology Influenced the Legal System?
The Criminal Justice System: A Flow Chart
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 2 Lie Detection
The Complexity and Pervasiveness of Deception
Can We Tell When Others Are Lying?
The Polygraph
Development of the Polygraph
Focus on Careers: Police and Forensic Psychologist Gregory DeClue PhD, ABPP (forensic)
The Process of Polygraphing
Research on the Polygraph
The Polygraph as Coercion Device
Legal Status of the Polygraph
Hot Topic 2.1: Postconviction Polygraphing of Sex Offenders
How Jurors Respond to Polygraph Evidence
An Alternative Technique: The Guilty Knowledge Test
Consider This 2.1: Lower-Tech Lie Detection: Words and Wizards
From Physiological Arousal to Cognitive Load
Some Emerging Technologies for Lie Detection
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 3 Interrogations and Confessions
The Power of a Confession
The Evolution of Interrogation Techniques
Inside the Modern Interrogation Room
Consider This 3.1: Core Principles of Social Influence
The Problem of False Confessions
The Prevalence of False Confessions
Types of False Confessions
Hot Topic 3.1: Ethics, the American Psychological Association, and the Use of Torture as an Interrogation Device
Should Interrogators Be Allowed to Lie?
From Accusatorial Interrogations to Information Gathering: HUMINT, SUE, and PEACE
Potential Solutions to the Problem of False Confessions
Video Recording of Interrogations
Requiring Probable Cause for Interrogation
Time Limits on Interrogations
The “Appropriate Adult” Safeguard for Vulnerable Suspects
Instructions to the Jury
Expert Testimony
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 4 The Psychology of Forensic Identification: DNA, Fingerprints, and Other Types of Physical Trace Evidence
Trace Evidence in Context
Hot Topic 4.1: Modern Biometrics: Beyond Fingerprints and DNA
When Does a Trace “Match” a Source?
Basic Principles of Scientific Measurement: Reliability and Validity
The Scientific Foundation of Forensic Identification
DNA Evidence
Consider This 4.1: Forensic Genetic Genealogy: Using Familial DNA Matches to Identify Criminal Suspects
Fingerprint Evidence
Techniques of Weak or Unknown Validity
Legal Spotlight 4.1: “Changed Science” Laws
Communicating the Similarity of a Trace and a Source
Hot Topic 4.2: Is There Really a “CSI Effect”?
Reducing Error and Bias
Science as the Solution to the Problem of Identification Bias
How Jurors Think About Trace Evidence
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 5 Criminal Profiling and Psychological Autopsies
The Process of Profiling
Three Famous Profiles
Jack the Ripper
The Olympic Bomber
The Mad Bomber
Characteristics of Serial Killers
Scientific American Spotlight 5.1: What “Psychopath” Means by Scott O. Lilienfeld and Hal Arkowitz
Research on Profiling
Scientific American Spotlight 5.2: Implicit Racial Bias and Police Shootings by Rachel Nuwer
Profiling Problems and Promise
Assumptions
Cross-Situational Consistency
The Utility of Inferences
Persistent Problems
Geographic Profiling: An Alternative to Intuition
Precise Profiles or Sloppy Stereotypes?
Hot Topic 5.1: Racial Profiling
Psychological Autopsies
Legal Status of Psychological Autopsies
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 6 Eyewitness Identification and Testimony
Eyewitness Testimony and the Legal System
The Manson Criteria
How the Legal System Attempts to Expose Eyewitness Error
Legal Spotlight 6.1: Post-Manson Court Decisions on Eyewitness Identification
The Construction, Reconstruction, and Evaluation of Eyewitness Memories
Cross-Racial Identifications
Stress and Weapons Focus
Unconscious Transference
Preexisting Expectations
Leading or Suggestive Comments
Witness Confidence
When the Eyewitness Is a Child
Hot Topic 6.1: Cameras and Computers as “Eyewitnesses”
Using Research Findings to Improve Eyewitness Accuracy
Consider This 6.1: Translating Science Into Practice
1. Prelineup Interviews
2. Evidence-Based Grounds for Putting Suspects in Lineups
3. Double-Blind Lineups
4. Appropriate Lineup Fillers
5. Prelineup Instructions to Eyewitnesses
6. Obtaining an Immediate Postlineup Confidence Statement
7. Video Recording
8. Avoiding Repeated Identification Procedures With the Same Witness and Suspect
9. Avoiding the Use of Showups
Expert Testimony
Techniques for Refreshing the Memories of Witnesses
Hypnosis
The Cognitive Interview
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 7 Child Sexual Abuse: Interviewing Children and Assessing the Recovered Memories of Adults
The Reported Memories of Young Children
The Day Care Center Cases
Hot Topic 7.1: The Use of Child Interviewing Props: Dolls and Diagrams
Effective Interviewing of Children
Hot Topic 7.2: Child Sexual Abuse Accommodation Syndrome
Testimony by Children at Trial
Adults’ Recovered Memories of Sexual Abuse
Were the Memories Created or Recovered?
Focus on Careers: Social Science Analyst, Carrie Mulford, PhD, National Institute of Justice, Office of Justice Programs, U.S. Department of Justice
The Ingram Case
Research on Implanting False Memories in Adults
Scientific American Spotlight 7.1: Recovered Memories: An Interview with Elizabeth Loftus by Andrea Krauss
Scientific American Spotlight 7.2: Traumatic Therapies Can Have Long-Lasting Effects on Mental Health by Kelly Lambert and Scott O. Lilienfeld
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 8 Competency to Stand Trial
The Meaning of Competency to Stand Trial
The Dusky Standard
Functional Elements of CST
CST Versus Competency to Plead Guilty and Competency to Waive an Attorney
How the Criminal Justice System Deals With Incompetent Defendants
Methods for Evaluating CST
CST Assessment Instruments
Malingering
CST Evaluations and Ultimate Issue Testimony by Experts
Legal Spotlight 8.1: Legal Issues in Competency for Execution
Restoration of CST
Treatment of Defendants Judged Incompetent
Right to Refuse Treatment and CST
Adolescents and CST
Consider This 8.1: Juvenile Transfer to Adult Court
Hot Topic 8.1: Juvenile Competency to Waive Miranda Rights
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 9 Plea Bargaining, Jury Selection, and Trial Procedure
The Hidden, Consequential World of Plea Bargaining
Plea Bargaining in Theory and Practice
Plea Bargaining and Vulnerable Defendants
Jury Selection
Assembling a Jury: Pools, Venires, and Voir Dire
From Jury Pool to Venire
Voir Dire
Cognizable Groups
Using Stereotypes and Science to Select Jurors
Legal Spotlight 9.1: Using Social Media to Select Jurors
The Use of Trial Consultants
Hot Topic 9.1: Jury Consulting and the Role of Money at Trial
Focus on Careers: Trial Consultant
Scientific Jury Selection
Juror Characteristics and Attitudes as Predictors of Verdict
General Personality Tendencies
Attitudes About the Legal System
Defendant–Juror Similarity
Pretrial Publicity as a Source of Bias
An Overview of Trial Procedure
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 10 The Insanity Defense
The Trial of Andrea Yates
The Evolution of Insanity Law
Three Important Cases and Their Consequences
The M’Naghten Case
The Durham Case
The Hinckley Case
Hot Topic 10.1: Brain Scans as Evidence
Common Misconceptions About the Insanity Defense
Post-Hinckley Developments in Insanity Law
Legal Spotlight 10.1: Is It Constitutional to Prohibit an Insanity Defense and Instead Allow a Mens Rea Defense?
Guilty but Mentally Ill
Mens Rea Defenses and Diminished Capacity
How Jurors Define Insanity
Clinical Evaluations of Insanity
Methods for Assessing Insanity
MSE and R-CRAS
Malingering
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 11 Intimate Partner Violence, Battered Woman Syndrome, Rape Trauma Syndrome, and Posttraumatic Stress Disorder
Intimate Partner Violence
Syndromes in Court
Battered Woman Syndrome
The Historical Development of BWS
Characteristics of Battered Women
Characteristics of Batterers
BWS and the Legal System
The Scientific Validity of BWS
Rape Trauma Syndrome
The Historical Development of RTS
Recovery From Rape and Characteristics of RTS
RTS and the Legal System
Posttraumatic Stress Disorder
Scientific American Spotlight 11.1: Trapped in a Cycle of Sexual Abuse by Sushma Subramanian
PTSD Versus BWS
PTSD Versus RTS
Scientific American Spotlight 11.2: How to Find Meaning in Suffering by Kasley Killam
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 12 Juries and Judges as Decision Makers
The Process of Jury Decision Making
Models of Decision Making
The Impact of Evidence
The Effects of Biasing Information
Defendant Characteristics
Inadmissible Evidence
Impeachment Evidence
Complex Evidence
The Group Dynamics of Jury Deliberations
Hot Topic 12.1: The Effects of Technology in and out of the Courtroom
Diversity and Deliberation
Strong Jurors and the Power of the Majority
Stages in the Deliberation Process
Other Characteristics of Deliberations
Size of the Jury
Decision Rules (Unanimous or Majority Rule)
Jury Nullification
Jury Reform
Hot Topic 12.2: Should We Use Professional Jurors?
Simplifying Instructions to the Jury
Allowing Jury Discussion During Trial
Judges Compared to Juries
Judges as Decision Makers
Agreement and Disagreement Between Juries and Judges
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 13 Child Custody Disputes
Varieties of Custody Arrangements
Consider This 13.1: Parental Alienation Syndrome and Parent Alienation
Best Interest of the Child Standard
The Tender Years Doctrine
Primary Caretaker Rule
The Uniform Marriage and Divorce Act of 1976
Weaknesses of the BICS
Legal Spotlight 13.1: Same-Sex Unions and Child Custody
Approximation Rule
Children’s Responses to Divorce
The Psychologist’s Contribution to Custody Decisions
The Role of the Psychological Expert
Psychological Tests and Their Problems
Scientific American Spotlight 13.1: What’s Wrong With This Picture? by Scott O. Lilienfeld, James M. Wood, and Howard N. Garb
Judges’ Views of Experts
Custody Mediation as an Alternative to Litigation
Parent Coordination and Collaborative Divorce
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 14 Workplace Law: Harassment, Discrimination, and Fairness
The Evolution of Sexual Discrimination Law
Sexual Harassment: Prevalence and Perceptions
The Legal Boundaries of Sexual Harassment
Current Status of Harassment Law
Sexual Harassment Lawsuits
The Psychology of Sexual Harassment
Some Causes
Some Effects
Prevention
Scientific American Spotlight 14.1: Who Should Be a Cop? Selecting and Training Police Officers by Rachel Nuwer
A Broader Look at Workplace Discrimination
Scientific American Spotlight 14.2: Detecting Implicit Bias by Siri Carpenter
Racial Discrimination in the Workplace
The Changing Nature of Racial Prejudice
Reducing Racial Bias
Scientific American Spotlight 14.3: Technology, Psychology, and the Search for the Best Employees by Tomas Chamorro-Premuzic and Christopher Steinmetz
Angelina Fellini: Entrepreneur; Artist; Beekeeper, Four years of sales experience
The Psychology of Perceived Fairness
Three Models for Allocating Rewards
Research on Perceptions of Fairness
Consider this 14.1: The Gender Gap in Salaries
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 15 Predicting Violent Behavior: The Psychology of Risk Assessment
Sexually Violent Predators and the Law
Consider This 15.1: Sexual Offender Community Notification and Registration Laws
Risk Assessment and the Law
Scientific American Spotlight 15.1: Deranged and Dangerous? by Hal Arkowitz and Scott O. Lilienfeld
Future Dangerousness and the Death Penalty
Civil Commitment
Consider This 15.2: The Tarasoff and Ewing Cases
Sexually Violent Predator Civil Commitment
Methods and Outcomes of Risk Assessment
Unstructured Clinical Judgment and Ways to Improve it
Actuarial Prediction
Hot Topic 15.1: Pretrial Detention and the Use of Risk Algorithms: Are They Biased?
Types of Risk Factors
Focus on Careers: Violence Risk Expert
Structured Professional Judgment Instruments
Jurors’ Reactions to Risk-Assessment Evidence
Treatments to Reduce the Risk of Violence
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 16 Corrections: Sentencing, Imprisonment, and Alternatives
Sentencing Decisions
Consider This 16.1: Free Will and the Purpose of Prisons
Disparities
Guidelines
Types of Imprisonment
Hot Topic 16.1: Modern Solitary Confinement in Supermax Prisons
The Goals of Imprisonment
The Evolution of Prisons in the United States
The 1800s
The 1900s
Scientific American Spotlight 16.1: Victim–Offender Mediation by Cara Tabachnick
Prisoner Rights and the Role of the Courts
Basic Statistics on Prisons and Prisoners
The Distinctive Culture of Prison
The Power of the Prison Situation
The Harshness of Prison Life
Focus on Careers: Correctional Psychologist
Does Prison Work?
Alternatives to Prison
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Chapter 17 The Death Penalty
Capital Punishment in Context
Supreme Court Decisions
Hot Topic 17.1: Should We Execute the Elderly?
Research on Capital Murder Trials
Consider This 17.1: Victim Impact Statements and Execution Impact Statements
Hot Topic 17.2: Ethical Issues in Competency for Execution
Racial Disparities and the Death Penalty
Is the Death Penalty a Deterrent to Murder?
Errors and Mistakes in Death Penalty Cases
In Conclusion
Chapter Review
Discussion and Critical Thinking Questions
Key Terms
Glossary
References
Name Index
Subject Index
Index of Cases and Acts
Notes
Back Cover Page
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