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Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie Dec 2009

Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie

Richard E. Redding

Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called …


Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie Dec 2009

Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie

Richard E. Redding

Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called …


The Effects Of Different Forms Of Risk Communication On Judicial Decision Making, Richard E. Redding, John Dolores Dec 2008

The Effects Of Different Forms Of Risk Communication On Judicial Decision Making, Richard E. Redding, John Dolores

Richard E. Redding

When mental health experts provide information to courts on the results of a risk assessment conducted on a defendant or patient, they engage in “risk communication.” We examined the effects of four different forms of risk communication (prediction, categorical, risk factors/risk management, or hybrid) on judges’ (n = 253) perceptions of risk assessment evidence introduced in a case where they must decide whether to release from the hospital an individual found not guilty by reason of insanity. Judges who received information in the risk factors/risk management form were more likely to release the patient than were those who received prediction …


It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding Dec 2007

It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding

Richard E. Redding

The effect of gay and lesbian parenting on children has been the touchstone issue in much of the recent state litigation on same sex marriage, with opponents of same sex marriage arguing that there is a rational basis for denying marriage rights to gays and lesbians because the central purpose of marriage is procreation and childrearing, but that children are harmed or disadvantaged when raised by gay or lesbian parents. To interrogate this claim, I critique the social science research that informs the concerns frequently expressed about the possible negative effects of lesbigay parenting on children's emotional, psychosocial, and sexual …


Mental Disorders And The Law, Richard Redding Jan 2006

Mental Disorders And The Law, Richard Redding

Richard E. Redding

This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.


The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard Redding Jan 2006

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard Redding

Richard E. Redding

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …


Adjudicatory And Dispositional Decision Making In Juvenile Justice, Richard E. Redding Dec 2004

Adjudicatory And Dispositional Decision Making In Juvenile Justice, Richard E. Redding

Richard E. Redding

Juvenile court judges and others working in the juvenile justice system have a wide variety of dispositional and sentencing options available for the juvenile offenders under their jurisdiction. For serious, violent or chronic offenders, these options increasingly involve transferring juveniles from juvenile court for trial and sentencing in the criminal court as well as blended juvenile and adult sentences. This chapter provides an overview of the adjudicatory and dispositional options available for handling juvenile offenders in the juvenile and criminal justice systems. The research on adjudicatory and dispositional decision making is reviewed, and directions for future law and policy development …


A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding Dec 2003

A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …


What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding Dec 2003

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …


Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding Dec 2003

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Richard E. Redding

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …