More than the law : behavioral and social facts in legal decision making / Peter W. English, Bruce D. Sales.

Author
English, Peter W. [Browse]
Format
Book
Language
English
Published/​Created
Washington, DC : American Psychological Association, ©2005.
Description
xi, 272 pages ; 27 cm.

Availability

Copies in the Library

Location Call Number Status Location Service Notes
Lewis Library - Stacks KF385 .E54 2005 Browse related items Request

    Details

    Subject(s)
    Series
    • Law and public policy [More in this series]
    • The law and public policy : psychology and the social sciences
    Summary note
    "Complex legal issues often involve contested facts that require expert knowledge. In such cases, legal decision makers look to experts from fields as diverse as the behavioral, social, biomedical, or physical sciences to help settle disputes. More Than the Law: Behavioral and Social Facts in Legal Decision Making provides a fascinating and accessible introduction for students and other readers to the ways in which behavioral and social knowledge can and should inform legal decisions, as well as ways in which such knowledge can be misused. Eleven different stories are presented, highlighting major legal decisions such as mandatory testing for drug use in schools, abortion, use of the death penalty, and jury selection, among others. Chapters include a presentation of each decision and an analysis that critically explores the behavioral and social facts relevant to the case. Through these stories, students will discover the complexities and problems that can result from the application of behavioral science to legal decisions. Behavioral and social science experts will come to understand the special duty they bear to provide legal decision makers with the most accurate information available. And empirical researchers will recognize vast opportunities for research that could have a real impact in the courts, legislatures, and administrative agencies. This exceptional book fills a gap in the field of legal studies, offering a sophisticated examination of the use of behavioral and social science facts in judicial, legislative, and administrative determinations"--Jacket. (PsycINFO Database Record (c) 2006 APA, all rights reserved).
    Bibliographic references
    Includes bibliographical references and index.
    Contents
    • Behavioral and Social Facts Are Used in Legal Decision Making
    • Factual Knowledge Is Critical in Legal Decision Making
    • Example: Mandatory Testing for Drug Use by Student Athletes
    • Multiple Sources of Factual Knowledge
    • Example: Abortion
    • Why Behavioral and Social Factual Knowledge Is Used
    • Identifying and Evaluating the Factual Assumptions Underlying Law
    • Example: Suggestibility of Child Witnesses
    • Providing the Law With Factual Knowledge to Help Set Legal Goals
    • Example: Workplace Accommodation for Persons With Disabilities
    • Aiding in the Resolution of Factual Disputes
    • Example: Trademark Infringement
    • Aiding in the Resolution of Factual Disputes Relating to the Constitutionality of a Law
    • Example: Denying Female Applicants Entry into State-Supported All-Male Schools
    • Providing Factual, Educational Knowledge to Aid Legal Decision Making
    • Example: Eyewitness Identification
    • Problems Related to the Use of Behavioral and Social Factual Knowledge
    • Law Refuses to Rely on Relevant Factual Knowledge
    • Example: Comprehension of Jury Instructions
    • Relevant Factual Knowledge Does Not Yet Exist
    • Example: Deterring Illegal Police Behavior
    • Factual Knowledge Presented Is Irrelevant to the Legal Issue
    • Example: Discriminatory Impact of the Death Penalty
    • Factual Research Has Limitations
    • Example: Jury Selection.
    ISBN
    • 1591472555 ((hardcover))
    • 9781591472551 ((hardcover))
    LCCN
    2005000158
    OCLC
    57393700
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