Legal psychology involves empirical The word empirical denotes information gained by means of observation, experience, or experiment. A central concept in science and the scientific method is that all evidence must be empirical, or empirically based, that is, dependent on evidence or consequences that are observable by the senses. It is usually differentiated from the philosophic, psychological Psychology is the scientific study of human or other animal mental functions and behaviors. In this field, a professional practitioner or researcher is called a psychologist. Psychologists are classified as social or behavioral scientists. Psychological research can be considered either basic or applied. Psychologists attempt to understand the research of the law, legal institutions, and people who come into contact with the law. Legal psychologists typically take basic social and cognitive theories and principles and apply them to issues in the legal system such as eyewitness memory, jury decision-making, investigations, and interviewing. The term "legal psychology" has only recently come into usage, primarily as a way to differentiate the experimental In scientific research, an experiment is a method of investigating causal relationships among variables, or to test a hypothesis. An experiment is a cornerstone of the empirical approach to acquiring data about the world and is used in both natural sciences and social sciences. An experiment can be used to help solve practical problems and to focus of legal psychology from the clinically Clinical psychology is an integration of science, theory and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well-being and personal development. Central to its practice are psychological assessment and psychotherapy, although clinical-oriented forensic psychology Forensic psychology is the intersection between psychology and the criminal justice system. It involves understanding criminal law in the relevant jurisdictions in order to be able to interact appropriately with judges, attorneys and other legal professionals. An important aspect of forensic psychology is the ability to testify in court,.[1]

Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time.[2] The multidisciplinary American Psychological Association The American Psychological Association is the largest scientific and professional organization of psychologists in the U.S. and is the world's largest association of psychologists with around 152,000 members including scientists, educators, clinicians, consultants and students and has an annual budget of around $115m. The American Psychological's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology Psychology is the scientific study of human or other animal mental functions and behaviors. In this field, a professional practitioner or researcher is called a psychologist. Psychologists are classified as social or behavioral scientists. Psychological research can be considered either basic or applied. Psychologists attempt to understand the to the understanding of law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and and legal systems The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system through research Research can be defined as the search for knowledge or any systematic investigation to establish facts. The primary purpose for applied research is discovering, interpreting, and the development of methods and systems for the advancement of human knowledge on a wide variety of scientific matters of our world and the universe. Research can use the, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law.[3] There are similar societies in Britain and Europe.

Contents

Areas of research

Generally speaking, any research that combines psychological principles with legal applications or contexts could be considered legal psychology (although research involving clinical psychology, e.g., mental illness, competency In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant ability to understand and rationally participate in a court process, insanity defense, offender profiling, etc., is typically categorized as forensic psychology Forensic psychology is the intersection between psychology and the criminal justice system. It involves understanding criminal law in the relevant jurisdictions in order to be able to interact appropriately with judges, attorneys and other legal professionals. An important aspect of forensic psychology is the ability to testify in court,, and not legal psychology). For a time, legal psychology researchers were primarily focused on issues related to eyewitness testimony Research in eyewitness testimony is mostly considered a subfield within legal psychology, however it is a field with very broad implications. Human reports are normally based on visual perception, which is generally held to be very reliable . Research in cognitive psychology, in social psychology, as well as in the philosophy of science and in and jury decision-making; so much so, that the editor of Law and Human Behavior, the premier legal psychology journal, implored researchers to expand the scope of their research and move on to other areas.[4]

There are several legal psychology journals An academic journal is a peer-reviewed periodical in which scholarship relating to a particular academic discipline is published. Academic journals serve as forums for the introduction and presentation for scrutiny of new research, and the critique of existing research. Content typically takes the form of articles presenting original research,, including Law and Human Behavior, Psychology, Public Policy and Law, Psychology, Crime, and Law, and Journal of Psychiatry, Psychology and Law that focus on general topics of criminology Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society. Criminology is an interdisciplinary field in the behavioral sciences, drawing especially upon the research of sociologists (particularly in the sociology of deviance), social anthropologists and psychologists,, and the criminal justice system Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. In addition, research by legal psychologists is regularly published in more general journals that cover both basic and applied research areas.

Training and education

Legal psychologists typically hold a PhD Doctor of Philosophy, abbreviated to PhD, Ph.D. or D.Phil. in English-speaking countries and Dr. Phil. or similar in other countries, for the Latin philosophiae doctor, meaning "teacher in philosophy", is an advanced academic degree awarded by universities. In most English-speaking countries, the PhD is the highest degree one can earn in some area of psychology (e.g., clinical psychology Clinical psychology is an integration of science, theory and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective well-being and personal development. Central to its practice are psychological assessment and psychotherapy, although clinical, social psychology Social psychology is the scientific study of how people's thoughts, feelings, and behaviors are influenced by the actual, imagined, or implied presence of others. By this definition, scientific refers to the empirical method of investigation. The terms thoughts, feelings, and behaviors include all of the psychological variables that are measurable, cognitive psychology Cognitive psychology is a discipline within psychology that investigates the internal mental processes of thought such as visual processing, memory, thinking, learning, feeling, problem solving, and language, etc.), and apply their knowledge of that field to the law. Although formal legal training (such as a JD Juris Doctor is a professional doctorate and first professional degree in Law. The degree was first awarded by Harvard University in the United States in the late 19th century as a degree similar to the old European doctor of law degree (such as the Dottore in Giurisprudenza in Italy and the Juris Utriusque Doctor). Originating from the 19th or Master of Legal Studies degree) can be beneficial, most legal psychologists hold only the PhD. In fact, some argue[citation needed] that specialized legal training dilutes the psychological empiricism of the researcher. For instance, to understand how eyewitness memory "works", a psychologist should be concerned with memory processes as a whole, instead of only the aspects relevant to the law (e.g., lineups, accuracy of testimony).

A growing number of universities offer specialized training in legal psychology as either a standalone PhD Doctor of Philosophy, abbreviated to PhD, Ph.D. or D.Phil. in English-speaking countries and Dr. Phil. or similar in other countries, for the Latin philosophiae doctor, meaning "teacher in philosophy", is an advanced academic degree awarded by universities. In most English-speaking countries, the PhD is the highest degree one can earn program or a joint JD Juris Doctor is a professional doctorate and first professional degree in Law. The degree was first awarded by Harvard University in the United States in the late 19th century as a degree similar to the old European doctor of law degree (such as the Dottore in Giurisprudenza in Italy and the Juris Utriusque Doctor). Originating from the 19th/PhD program. A list of American universities that offer graduate training in legal psychology can be found here on the website of the American Psychology-Law Society.

Roles of a legal psychologist

Academics and research

Many legal psychologists work as professors The meaning of the word professor varies by country. In most English-speaking countries it refers to a senior academic who holds a departmental chair, especially as head of the department, or a personal chair awarded specifically to that individual. This is the case in most Commonwealth countries (except Canada) and the Republic of Ireland (which in university psychology departments, criminal justice departments or law schools. Like other professors, legal psychologists generally conduct and publish empirical research, teach various classes, and mentor graduate and undergraduate students. Many legal psychologists also conduct research in a more general area of psychology (e.g., social, clinical, cognitive) with only a tangential legal focus. Those legal psychologists who work in law schools almost always hold a JD Juris Doctor is a professional doctorate and first professional degree in Law. The degree was first awarded by Harvard University in the United States in the late 19th century as a degree similar to the old European doctor of law degree (such as the Dottore in Giurisprudenza in Italy and the Juris Utriusque Doctor). Originating from the 19th in addition to a PhD Doctor of Philosophy, abbreviated to PhD, Ph.D. or D.Phil. in English-speaking countries and Dr. Phil. or similar in other countries, for the Latin philosophiae doctor, meaning "teacher in philosophy", is an advanced academic degree awarded by universities. In most English-speaking countries, the PhD is the highest degree one can earn

Expert witnesses

Main article: Expert witness An expert witness or professional witness is an expert, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized opinion about an evidence or

Psychologists specifically trained in legal issues, as well as those with no formal training, are often called by legal parties to testify as expert witnesses. In criminal trials, an expert witness may be called to testify about eyewitness memory, mistaken identity, competence to stand trial, the propensity of a death-qualified jury A death-qualified jury is a jury in a criminal law case in the United States in which the death penalty is a prospective sentence. Such a jury will be composed of jurors who: to also be "pro-guilt", etc. Psychologists who focus on clinical issues often testify specifically about a defendant's competence, intelligence, etc. More general testimony about perceptual issues (e.g., adequacy of police sirens) may also come up in trial.

Experts, particularly psychology experts, are often accused of being "hired guns" or "stating the obvious".[citation needed] Eyewitness memory experts, such as Elizabeth Loftus Elizabeth F. Loftus is an American psychologist and expert on human memory. She has conducted extensive research on the misinformation effect and the nature of false memories. Loftus has been recognized throughout the world for her work, receiving numerous awards and honorary degrees. In 2002, Loftus was 58th in a list of the 100 most influential, are often discounted by judges and lawyers with no empirical training because their research utilizes undergraduate students and "unrealistic" scenarios.[citation needed] If both sides have psychological witnesses, jurors may have the daunting task of assessing difficult scientific information.

Policy making and legislative guidance

Psychologists employed at public policy centers may attempt to influence legislative policy or may be called upon by state (or national) lawmakers to address some policy issue through empirical research. A psychologist working in public policy might suggest laws or help to evaluate a new legal practice (e.g., eyewitness lineups).[5]

Advisory roles

Legal psychologists may hold advisory roles in court systems. They may advise legal decision makers, particularly judges, on psychological findings pertaining to issues in a case. The psychologist who acts as a court adviser provides similar input to one acting as an expert witness, but acts out of the domain of an adversarial system The adversarial system of law is the system of law that relies on the contest between each advocate representing his or her party's positions and involves an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case. As opposed to that, the inquisitorial system has a judge (or a group of judges who.[6]

Amicus briefs

Psychologists can provide an amicus brief to the court. The American Psychological Association The American Psychological Association is the largest scientific and professional organization of psychologists in the U.S. and is the world's largest association of psychologists with around 152,000 members including scientists, educators, clinicians, consultants and students and has an annual budget of around $115m. The American Psychological has provided briefs concerning mental illness, retardation and other factors. The amicus brief usually contains an opinion backed by scientific citations and statistics. The impact of an amicus brief by a psychological association is questionable. For instance, Justice Powell[7] once called a reliance on statistics "numerology" and discounted results of several empirical studies. Judges who have no formal scientific training also may critique experimental methods, and some feel that judges only cite an amicus brief when the brief supports the judge's personal beliefs.

Trial consulting

Some legal psychologists act as trial consultants. No special training nor certification is needed to be a trial consultant, though an advanced degree is generally welcomed by those who would hire the trial consultant. The American Society of Trial Consultants does have a code of ethics for members, but there are no legally binding ethical rules for consultants.[8]

Some psychologists who work in academics are hired as trial consultants when their expertise can be useful to a particular case. Other psychologists/consultants work for or with established trial consultant firms. The practice of law firms hiring "in-house" trial consultants is becoming more popular, but these consultants usually can also be used by the firms as practicing attorneys.

Trial consultants perform a variety of services for lawyers, such as picking jurors (usually relying on in-house or published statistical studies) or performing "mock trials" with focus groups. Trial consultants work on all stages of a case from helping to organize testimony, preparing witnesses to testify, picking juries Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial — when lawyers have the opportunity to question jurors and they and the judge choose which people will, and even arranging "shadow jurors" to watch the trial unfold and provide input on the trial. There is some debate on whether the work of a trial consultant is protected under attorney-client privilege, especially when the consultant is hired by a party in the case and not by an attorney.

See also

External links

References

  1. ^ Forensic and Legal Psychology, American Psychological Association
  2. ^ Dennis R. Fox (1999). Psycholegal Scholarship's Contribution to False Consciousness About Injustice.Law and Human Behavior, 23, 9-30.
  3. ^ "American Psychology and the Law Society". http://www.ap-ls.org/. Retrieved 2007-09-12.
  4. ^ Michael J. Saks (1986). The Law Does Not Live on Eyewitness Testimony Alone. Law and Human Behavior, 10, 279-280.
  5. ^ Examples of legal psychologists in these positions can be found at the American Bar Foundation (Website) and Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by an Act of Congress in 1967, at the recommendation of the Judicial Conference of the United States (Website), among others.
  6. ^ See, e.g., Court Appointed Scientific Expert Program, American Association for the Advancement of Science The American Association for the Advancement of Science is an international non-profit organization with the stated goals of promoting cooperation between scientists, defending scientific freedom, encouraging scientific responsibility, and supporting scientific education and science outreach for the betterment of all humanity. It is the world's
  7. ^ Ballew v. Georgia
  8. ^ An overview of the trial consulting process is provided by the American Society of Trial Consultants, ASTC Website
Psychology Psychology is the scientific study of human or other animal mental functions and behaviors. In this field, a professional practitioner or researcher is called a psychologist. Psychologists are classified as social or behavioral scientists. Psychological research can be considered either basic or applied. Psychologists attempt to understand the
History The history of psychology as a scholarly study of the mind and behavior dates back to the Ancient Greeks. There is also evidence of psychological thought in ancient Egypt. Psychology was a branch of philosophy until 1879, when psychology developed as an independent scientific discipline in Germany and the United States. Psychology borders on · Portal Although the disorder is primarily thought to affect cognition, it can also contribute to chronic problems with behavior and emotion. Due to the many possible combinations of symptoms, heated debate is ongoing about whether the diagnosis necessarily or adequately describes a disorder, or alternatively whether it might represent a number of · Psychologist There are many different types of psychologists, as is reflected by the 56 different divisions of the American Psychological Association . Psychologists are generally described as being either "applied" or "research-oriented". The common terms used to describe this central division in psychology are "scientists" or &
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