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Law and Psychology

2003

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Full-Text Articles in Law

Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee Nov 2003

Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee

Department of Counseling Scholarship and Creative Works

Provides an introduction to the Major Contribution for this issue of Counseling Psychologist. The Major Contribution consists of an overview article describing the practice of adoption and two detailed reviews of recent empirical literature related to adoptive families and transracial adoptees. Given the prevalence of people affected by adoption, the lack of knowledge regarding adoption among researchers and practitioners, the inattention to adoption research by psychology, and the negative myths about and stigma faced by adoptive triad members, the Major Contribution will have the following as its purposes: (a) to increase awareness of the psychological and sociocultural issues involved in …


The Practice Of Adoption: History, Trends, And Social Context, Amanda Baden, Kathy P. Zamostny, Karen M. O'Brien, Mary O'Leary Wiley Nov 2003

The Practice Of Adoption: History, Trends, And Social Context, Amanda Baden, Kathy P. Zamostny, Karen M. O'Brien, Mary O'Leary Wiley

Department of Counseling Scholarship and Creative Works

This article presents an overview of the practice of adoption to counseling psychologists to promote clinical understanding of the adoption experience and to stimulate research on adoption. The article includes definitions of adoption terminology, important historical and legal developments for adoption, a summary of adoption statistics, conceptualizations of adoption experience, themes and trends in adoption outcome research related to adoptees and birthparents, and selected theoretical models of adoption. The importance of considering social context variables in adoption practice and research is emphasized.


Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman Oct 2003

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be


Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis Oct 2003

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.


Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps Oct 2003

Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps

Vanderbilt Law Review

At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.

This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …


Interpersonal Dynamics, Joshua D. Rosenberg Sep 2003

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …


The Forseeability Of Transference: Extending Employer Liability Under Washington Law For Therapist Sexual Exploitation Of Patients, Timothy E. Allen May 2003

The Forseeability Of Transference: Extending Employer Liability Under Washington Law For Therapist Sexual Exploitation Of Patients, Timothy E. Allen

Washington Law Review

Transference, or the idealization of therapists, is a phenomenon that is foreseeable in every relationship between a therapist and a patient, and makes patients uniquely vulnerable to sexual exploitation by therapists. Transference has been recognized as a basis for finding therapists directly liable for harm resulting from sexual relations with patients. However, limitations on damages directly available from therapists lead patients to seek redress from therapists' employers under theories of employer liability. Washington courts generally deny victimized patients relief from the employers of sexually exploitative therapists. This Comment argues that Washington courts should impose employer liability when therapists sexually exploit …


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Atkins V. Virginia: A Psychiatric Can Of Worms, Douglas Mossman Md Jan 2003

Atkins V. Virginia: A Psychiatric Can Of Worms, Douglas Mossman Md

Faculty Articles and Other Publications

This article provides a psychiatric perspective on the problems Atkins raises for courts that handle death penalty cases. In contrast to the overarching aim of the majority's opinion in Atkins - making the administration of capital punishment more equitable - the Supreme Court's latest prescription of psychiatric help may only add a new layer of complexity and confusion to the already capricious process through which the U.S. criminal justice system imposes death sentences. The article briefly review's the Supreme Court's 1989 Penry decision, focusing on the role that evidence of mental retardation played in death penalty cases before Atkins was …


One Inspiring Jury, Phoebe C. Ellsworth Jan 2003

One Inspiring Jury, Phoebe C. Ellsworth

Reviews

Americans love to complain about the jury. They complain about being called for jury duty. They complain about jury verdicts in highly publicized cases. They are outraged by the failure to convict "obviously guilty" criminals, such as the police officers in the cases of Rodney King and Amadou Diallo, the Menendez brothers in their first trial, and of course O.J. Simpson. In civil cases, they are appalled when plaintiffs win huge damage awards in "obviously frivolous" lawsuits. Juries are ignorant and uneducated, juries are gullible, juries are swayed by passion and prejudice rather than reason. Criticizing jury verdicts allows us …


Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson Jan 2003

Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson

Michigan Journal of Race and Law

This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …


Heuristics, Biases, And The Importance Of Gatekeeping, Erica Beecher-Monas Jan 2003

Heuristics, Biases, And The Importance Of Gatekeeping, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer Jan 2003

Defining Capacity: The Competing Interests Of Autonomy And Need, Nancy J. Knauer

Nancy J. Knauer

This Essay addresses the question of capacity - the basic threshold determination that pervades all areas of the law. An individual must have the requisite level of capacity to consent to sex, refuse medical treatment, enter into a contract, marry, divorce, relinquish parental rights, execute a will, make a gift, donate organs, vote, serve on a jury, stand trial, and even to hire a lawyer. The standards regulating determinations of capacity are not monolithic. An individual may lack the capacity to contract, but may have the requisite capacity to write a will or to refuse life-sustaining medical treatment. As individuals, …


Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer Jan 2003

Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer

Nancy J. Knauer

This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …


September 11th: Pro Bono And Trauma, Marjorie A. Silver Jan 2003

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Scholarly Works

No abstract provided.


The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby Jan 2003

The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby

Articles

No abstract provided.


Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang Jan 2003

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Publications

No abstract provided.


Inevitable Mens Rea, Stephen J. Morse Jan 2003

Inevitable Mens Rea, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman Jan 2003

Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman

Law Faculty Articles and Essays

Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …


The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.


Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin Jan 2003

Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin

Articles & Chapters

No abstract provided.


Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin Jan 2003

Therapeutic Jurisprudence And Outpatient Commitment Law: Kendra’S Law As Case Study, Michael L. Perlin

Articles & Chapters

No abstract provided.


Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno Jan 2003

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Faculty Scholarship

On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …


A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin Jan 2003

A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

Journal of Law and Health

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …


Conspiracy Theory, Neal K. Katyal Jan 2003

Conspiracy Theory, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote …


Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth Jan 2003

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …


What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson Jan 2003

What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson

Articles

Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …


The Effects Of The Courtroom Context On Children’S Memory And Anxiety, Rebecca Nathanson Jan 2003

The Effects Of The Courtroom Context On Children’S Memory And Anxiety, Rebecca Nathanson

Scholarly Works

Modifications of the courtroom environment have been proposed to enhance the ability of child witnesses to offer complete and accurate testimony and reduce system-induced stress. However, these interventions have often been conceived without the benefit of empirical data demonstrating intervention efficacy. The present study examines the effects of the courtroom context on children's memory and anxiety. Eighty-one eight- to ten-year-olds participated in a staged event involving bodily touch, and two weeks later their memory for the event was tested. Half of the children were questioned in a mock courtroom in a university law school, and half were questioned in a …


The Effects Of The Courtroom Context On Children's Memory And Anxiety, Rebecca Nathanson Jan 2003

The Effects Of The Courtroom Context On Children's Memory And Anxiety, Rebecca Nathanson

Scholarly Works

Modifications of the courtroom environment have been proposed to enhance the ability of child witnesses to offer complete and accurate testimony and reduce system-induced stress. However, these interventions have often been conceived without the benefit of empirical data demonstrating intervention efficacy. The present study examines the effects of the courtroom context on children's memory and anxiety. Eighty-one eight- to ten-year-olds participated in a staged event involving bodily touch, and two weeks later their memory for the event was tested. Half of the children were questioned in a mock courtroom in a university law school, and half were questioned in a …


Prospect Theory, Risk Preference, And The Law, Chris Guthrie Jan 2003

Prospect Theory, Risk Preference, And The Law, Chris Guthrie

Vanderbilt Law School Faculty Publications

To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with an understanding of how people are likely to respond to legal rules can legal scholars, judges, legislators, and regulators craft rules that are likely to encourage desirable behavior and discourage undesirable behavior. Rather than rely on rational choice theory, behavioral law and economics scholars (or legal decision theorists) have turned to Daniel Kahneman and Amos Tversky's "prospect theory" to inform their …