Clients Want Results, Lawyers Need Emotional Intelligence,
2015
Whittier Law School
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Cleveland State Law Review
Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the …
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration,
2015
University at Albany, State University of New York
The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology,
2015
University at Albany, State University of New York
A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux
Psychology Faculty Scholarship
The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …
All Together Now: Using Principles Of Group Dynamics To Train Better Jurors,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara Gordon
Scholarly Works
We ask juries to make important decisions that have a profound impact on people’s lives. We leave these decisions in the hands of groups of laypeople because we hope that the diverse range of experiences and knowledge in the group will lead to more thoughtful and informed decisionmaking. Studies suggest that diverse groups of jurors have different perspectives on evidence, engage in more thorough debate, and more closely evaluate facts. At the same time, there are a variety of problems associated with group decisionmaking, from the loss of individual motivation in group settings, to the vulnerability of groups to various …
Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf
Scholarly Works
This Article explores the ways children, many of whom are in foster care, are psychologically harmed by the law’s failure to ensure that the bonds they have with their siblings-of-origin are not permanently broken when one of the siblings is adopted; it therefore proposes ways that courts can better protect children from the psychological harm of having a biological sibling permanently removed from their life. It suggests that what is needed is a framework that allows visitation by biological siblings with whom children have formed attachments without unnecessarily intruding on the fundamental liberty interest of the adoptive parents at issue …
Psychology And Effective Lawyering: Insights For Legal Educators,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Psychology And Effective Lawyering: Insights For Legal Educators, Jean R. Sternlight, Jennifer K. Robbennolt
Scholarly Works
Psychology-the science of how people think, feel and behave-has a great deal to teach about a range of core competencies related to working with people and making good decisions. For example, psychologists have conducted extensive research into perception, memory, communication, individual and group decision-making, conflict, goal setting and planning, self-assessment, motivation, "grit," and many other matters that are central to effective lawyering. This research has much to contribute to an understanding of the work of lawyers and can be effectively incorporated into how we teach law students to practice law.
Perceptions Of Search Consent Voluntariness As A Function Of Race,
2015
Scripps College
Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold
Scripps Senior Theses
The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …
Making The Case For A Model Mental Health Advance Directive Statute,
2015
University of Florida Levin College of Law
Making The Case For A Model Mental Health Advance Directive Statute, Judy Ann Clausen
UF Law Faculty Publications
Acute episodes of mental illness temporarily destroy the capacity required to give informed consent and often prevent people from realizing they are sick, causing them to refuse intervention. Once a person refuses treatment, the only way to obtain care is as an involuntary patient. Even in the midst of acute episodes, many people do not meet commitment criteria because they are not likely to injure themselves or others and are still able to care for their basic needs. Left untreated, the episode will likely spiral out of control. By the time the person finally meets strict commitment criteria, devastation has …
Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients,
2015
University of Florida Levin College of Law
Bring Ulysses To Florida: Proposed Legislative Relief For Mental Health Patients, Judy Ann Clausen
UF Law Faculty Publications
This Article urges the Florida legislature to give patients the right to form Ulysses arrangements, which are a special type of mental health advance directive authorizing a doctor to administer treatment during a future episode even if the episode causes the patient to refuse treatment. Acute mental illness episodes may disrupt a patient’s capacity to provide informed consent and cause the patient to refuse necessary intervention. In Florida, a physician cannot involuntarily examine, hospitalize, or treat a person unless she meets strict criteria, essentially requiring the person’s behavior to reveal that she is dangerous to herself or others. Even a …
The Psychodynamics Of Sexual Choice,
2015
University of Connecticut School of Law
The Psychodynamics Of Sexual Choice, Anne Dailey
Faculty Articles and Papers
The right of sexual autonomy now occupies a central place in the scheme of constitutional liberties. Consensual sexual relations, including fornication, adultery, and sodomy, are understood to lie beyond the reach of law 's regulatory power. Yet as described in this Article, some sexual encounters by their very nature are likely to engage unconscious psychological processes that involve troubling levels of vulnerability and coercion. Drawing on psychoanalysis, this Article proceeds by examining three relationships that raise heightened concerns about unconscious impairments in sexual choice. Part I investigates the way in which adult incest may trigger unconscious feelings of submission on …
Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters,
2015
University at Albany, State University of New York
Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff
Psychology Faculty Scholarship
We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …
The Effects Of Expert Testimony In Sexual Assault Trials,
2015
Claremont McKenna College
The Effects Of Expert Testimony In Sexual Assault Trials, Lillybelle K. Deer
CMC Senior Theses
Recently, expert testimony in sexual assault trials shifted from an emphasis on Rape Trauma Syndrome (RTS) to Posttraumatic Stress Disorder (PTSD) and experts have tied these diagnoses either loosely or tightly to the victim’s condition following sexual assault. In the current study, 326 jury-eligible adults completed a survey on Amazon Mechanical Turk in which they read a synopsis of a sexual assault trial and an expert testimony with either RTS, PTSD or neither; along with either no, loose, or tight links made between the diagnosis and the victim’s condition. There was no main effect of diagnosis label but testimony linkage …
Tmi? Why The Optimal Architecture Of Disclosure Remains Tbd,
2015
New York University School of Law
Tmi? Why The Optimal Architecture Of Disclosure Remains Tbd, Ryan Bubb
Michigan Law Review
We are inundated with disclosures in our daily lives. In one of the more evocative passages in their stimulating new book, More Than You Wanted to Know, Omri Ben-Shahar and Carl E. Schneider imagine a day in the life of someone who actually reads all those disclosures (pp. 95–100). During a commercial on the morning news, the protagonist hits pause on the TiVo to catch the fine print that would otherwise fly by. Breakfast is a slog, requiring close reading of the toaster’s ominous label and the disheartening nutrition facts on the butter and jam. More of the same awaits …
Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility,
2015
Louisiana State University Law Center
Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy
Journal Articles
Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.
Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court,
2015
St. John's University School of Law
Using Principles From Cognitive Behavioral Therapy To Reduce Nervousness In Oral Argument Or Moot Court, Larry Cunningham
Faculty Publications
Sarah, a new attorney at a public defender’s office, is assigned to the appeals bureau. Ordinarily, Sarah spends her days researching and writing briefs, talking with clients, and brainstorming legal issues with colleagues. Today, however, she opened the mail to find a notice from the court setting a date for her first oral argument. She suffers the first of several anxiety attacks: rapid heart rate, racing thoughts, shortness of breath, sweaty palms, nausea, and feelings of panic and tension. As she reads the form letter, her hands tremble. This is the day she has dreaded. She loves to write and …
Science And The New Rehabilitation,
2015
Southern Methodist University, Dedman School of Law
Science And The New Rehabilitation, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Rehabilitation’s making a comeback. Long thought to be an outdated approach to punishment, rehabilitation is reemerging in the wake of scientific advances. Not only have these advances in the fields of pharmacology, genetics, and neuroscience brought new rehabilitative possibilities, but the media’s communication of these advances to the general public have set the stage for rehabilitation’s reprise. The media constantly pummels the general public with reports of scientific breakthroughs like functional magnetic resonance imaging, prepping the public to be more accepting of deterministic viewpoints and to be more open to the possibility of transforming individuals. The rehabilitation that is emerging, …
Introductory Remarks: The Convention On The Rights Of Persons With Disabilities And The Treatment Of Institutionalized Forensic Patients,
2015
New York Law School
Introductory Remarks: The Convention On The Rights Of Persons With Disabilities And The Treatment Of Institutionalized Forensic Patients, Michael L. Perlin
Other Publications
No abstract provided.
The Dsm-5: Implications For Health Law,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Dsm-5: Implications For Health Law, Stacey A. Tovino
Scholarly Works
In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …
I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5,
2015
New York Law School
I Expected It To Happen/I Knew He'd Lost Control: The Impact Of Ptsd On Criminal Sentencing After The Promulgation Of Dsm-5, Michael L. Perlin
Articles & Chapters
The adoption by the American Psychiatric Association of DSM-5 significantly changes (and in material ways, expands) the definition of post-traumatic stress disorder (PTSD), a change that raises multiple questions that need to be considered carefully by lawyers, mental health professionals, advocates and policy makers.
My thesis is that the expansion of the PTSD criteria in DSM-5 has the potential to make significant changes in legal practice in all aspects of criminal procedure, but none more so than in criminal sentencing. I believe that if courts treat DSM 5 with the same deference with which they have treated earlier versions of …
Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost,
2015
Indiana University Maurer School of Law
Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla
Articles by Maurer Faculty
Fairness is a foundational concept in American jurisprudence. Yet when evaluating our system of civil procedure, debate surrounds how to reconcile the competing ends of our civil justice system. While scholars agree that our civil justice system must vindicate rights, deter wrongful conduct, respect human dignity, and enhance social welfare and efficiency, scholars disagree on how best to reconcile these ends. Doubtless, the tension between these plural ends poses difficulty when courts, civil rule designers, and legislators balance and weigh the costs and benefits of different civil procedural rules and constitutional safeguards under the Due Process Clause. Notably, courts face …
