Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Formally, the law purports to be based solely in reasoned analysis, devoid of ideological bias or unconscious influences. Judges claim to act as umpires applying the rules, not making them. As most legal scholars understand, however, the impression that the legal system projects is largely an illusion. Over the last decade or so, political scientists and legal academics have begun studying the linkages between ideologies, on one hand, and legal principles and policy outcomes on the other. This book is the first to bring many of the world's experts on those topics together to examine the sometimes unsettling interactions between psychology, ideology, and law.
A classic resource for over 15 years. Psychology and psychiatry are discussed in relation to criminal justice, civil commitment, family law, tort law, and workers' compensation. Other sections cover such topics as being an expert witness, use of the behavioral sciences in jury selection and truth detection, and legal regulation of mental health practice.
This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children’s participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.
At last, here is an empirical volume that addresses head-on the thorny issue of tort reform in the US. Ongoing policy debates regarding tort reform have led both legal analysts and empirical researchers to reevaluate the civil jury’s role in meting out civil justice. Some reform advocates have called for removing certain types of more complex cases from the jury’s purview; yet much of the policy debate has proceeded in the absence of data on what the effects of such reforms would be. In addressing these issues, this crucial work takes an empirical approach, relying on archival and experimental data. It stands at the vanguard of the debate and provides information relevant to both state and national civil justice systems.
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.
This book is the authoritative work for students and professionals in psychology and law.
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
Leading Canadian scholars cover a wide range of topics spanning the applications of psychology in both criminal and civil areas of law. An authoritative introduction to law and psychology for a Canadian audience.
Psychologists today must deal with a broad range of ethical issues--from charging fees to maintaining a client's confidentiality, and from conducting research to respecting clients, colleagues, and students. As the field of psychology has grown in size and scope, the role of ethics has become more important and complex whether the psychologist is involved in teaching, counseling, research, or practice. Now this most widely read and cited ethics text in psychology has been revised to reflect the ethics questions and dilemmas that psychologists encounter in their everyday work. Ethics in Psychology has been completely updated in response to evolving trends in psychological research and practice, as well as extensive changes in the American Psychological Association's ethics code. Gerald P. Koocher and Patricia Keith-Spiegel take a practical, commonsense approach to ethics in modern-day psychological practice, and offer constructive suggestions for both preventing problems and resolving ethical predicaments. In this book, their main intent is to present the full range of contemporary ethical issues in psychology as not only relevant and intriguing, but also as integral and unavoidable aspects of the profession. The authors make extensive use of actual case studies in order to illustrate how the APA guidelines apply to specific situations, such as fee setting, advertising for clients, research ethics, sexual attraction, classroom ethics, managed care issues, confidentiality, and much more. The most recent ethics code of the American Psychological Association (1992) is used here only as a starting point. The authors go well beyond the APA code and incorporate the input of many experts. In addition to the analysis of a wide variety of general situations, new problematic areas are identified and explored. The book includes two appendixes - Ethical Principles of Psychologists and Code of Conduct, adopted by American Psychological Association, Rules and Procedures of the Ethics Committee of the American Psychological Association - both in an easy-to-use format. In addition, each chapter lists summary guidelines along with current and valuable references. Highly readable, the book unites a straightforward, lively writing style with humorous anecdotes that highlight the human side of ethics and make the book a pleasure to read. Ethics in Psychology will be an indispensable guide to ethical decision-making for all psychologists and students in psychology.
The definitive text—completely revised—on the professional and legal standards of school psychology Fully revised and now in its sixth edition, the single best source of authoritative information on the ethical and legal issues associated with school psychological practice includes the most up-to-date standards and requirements of the profession. Citing recent legal rulings and publications as well as historical references, Ethics and Law for School Psychologists provides the most comprehensive foundation for scholarship in this area. A key reference for understanding and delivering ethically and legally sound services, the text combines the expertise of three leading professionals at the forefront of the field. Completely updated to reflect the National Association of School Psychologists' (NASP) revised 2010 Principles for Professional Ethics, the new edition of this classic text also addresses the final regulations in implementing the Individuals with Disabilities Education Act (IDEA) and the amended Americans with Disabilities Act (ADA). In addition, the Sixth Edition features: New material on the management of sensitive, private student information and a revised section on privileged communication Broader coverage of ethical-legal issues in school-based intervention, including a new section on interventions in the general education classroom The latest research and professional literature related to ethics and law in school psychology Covering the ethical and legal issues that impact every school psychologist, and with numerous pedagogical features including case vignettes, end-of-chapter questions, and topics for discussion, Ethics and Law for School Psychologists, Sixth Edition is well suited for graduate students in school psychology and is a must-have resource for all practicing school psychologists, educators, and school administrators.
Forensic Neuropsychology presents in-depth knowledge about brain function and the state-of-the-art techniques for the assessment of brain function in a legal (forensic) context. It also explores how experts successfully or unsuccessfully use this knowledge to defend the notion that “my brain caused me to commit the crime” in criminal and civil courts. Author Jose Valciukas focuses on the difficulties of extracting accurate medical and psychological information from individuals who are motivated to suggest that something or nothing is wrong with them. This is clearly illustrated through case histories woven into each chapter. This source book gives readers a panoramic view of the science, technology, and art and advocacy on brain disorders, crime, and personal responsibility. Lawyers and legal experts will find Forensic Neuropsychology a valuable tool in their preparation of criminal or civil cases. It provides a large number of vistas, examples, case reports, and references where the link between brain disorder and crime can or cannot be argued and if such a link could or could not stand a chance to be successfully argued in court. Forensic Neuropsychology is organized in four major parts. Part I describes the scope and the history of neuropsychology in general and forensic psychology in particular. Part II contains the nuts and bolts of the forensic neuropsychological evaluation. Part III describes 11 brain disorders and handicapping conditions that are commonly found to be the focus of the neuropsychological evaluation. Part IV contains one essay on conceptual links relating brain disorder to crimes and another on the history and prospects of forensic neuropsychology. Mental health workers--including psychiatrists, psychologists, social workers, psychiatric nurses--have been increasingly called upon to testify in criminal and civil court. Forensic Neuropsychology provides background cases to assist mental health professionals who must prepare for : criminal law cases in which individuals claim that brain disorders have “caused” the crime and created a “diminished capacity” to know and appreciate the nature and consequences of their behavior civil and tort law cases involving individuals who have been or are afflicted by brain disorder and other handicapping conditions as a result of traumatic conditions (i.e. car accidents), work accidents, and exposures to neurotoxic agents in the environment. Clinical psychologists with little training in biological psychology would benefit from reading chapters concerned with clinical neuropsychology; clinical neuropsychologists who are experts in specific aspects of criminal or civil law would be interested in application of knowledge about brain and behavioral disorders to legal issues; and students of the epidemiology of crime would be interested to know how difficult it is to obtain reliable information pertaining to individual behavior and crime. Translated into Japanese!
Psychology is of interest to academics from many fields, as well as to the thousands of academic and clinical psychologists and general public who can't help but be interested in learning more about why humans think and behave as they do. This award-winning twelve-volume reference covers every aspect of the ever-fascinating discipline of psychology and represents the most current knowledge in the field. This ten-year revision now covers discoveries based in neuroscience, clinical psychology's new interest in evidence-based practice and mindfulness, and new findings in social, developmental, and forensic psychology.
Providing an excellent resource for forensic psychology undergraduate students, this book offers students the opportunity to learn from experts, through the collection of outstanding articles. Unlike other books in the area that are topic specific, it also gives them comprehensive coverage of the subject. Divided into five broad topic areas, it covers: professional issues juvenile assessment criminal forensic assessment civil forensic assessment pervasive issues – malingering and psychopathy. Written by a group of internationally renowned contributors and including didactic information as well as providing discussions on practical issues regarding assessment and assessment instruments, this textbook will be invaluable reading for all students of forensic psychology.
PTSD, pain syndromes, traumatic brain injury: these three areas are common features of personal injury cases, often forming the cornerstone of expert testimony. Yet their complex interplay in an individual can make evaluation—and explaining the results in court—extremely difficult. Psychological Knowledge in Court focuses on this triad separately and in combination, creating a unique guide to forensic evaluations that fulfills both legal and clinical standards. Its meticulous review of the literature identifies and provides clear guidelines for addressing core issues in causality, chronicity, and assessment, such as: - Are there any definable risk factors for PTSD? - How prevalent is PTSD after trauma? - How do patients’ emotions relate to their pain experience? - Are current pain assessment methods accurate enough? - What is the role of pre-existing vulnerabilities in traumatic brain injury? - What exactly is "mild" TBI?
This volume presents classic and contemporary legal cases that have set important precedents related to psychological and mental health issues in criminal and civil proceedings; the role of practitioners as expert witnesses and forensic consultants; and legal concerns in general clinical practice. Engagingly written, the book brings to life the details of each case and the personal stories involved, while also providing a solid introduction to foundational issues in the field. Forensic and clinical professionals will find this a highly informative resource, and it will also be useful for undergraduate- and graduate-level courses and professional training.
The legal aspects of child mental health have changed in recent years, yet many who deal professionally with disturbed children are ill informed about the rights and responsibilities of minors. Child Mental Health and the Law addresses the need for a comprehensive, up-to-date text that describes the evolution of child mental health law and the relevance of the law to the child mental health clinician.
"It is difficult to find books that provide such a wealth of information on legal issues for practicing clinicians. This is a solidly written, invaluable resource that all practicing mental health professionals must read." Score: 97, 5 Stars.--Doody's Medical Reviews "Legal Self-Defense for Mental Health Practitioners is interesting, informative, andcommitted to professional, ethical quality care of service recipients....Woody offers many useful risk managementstrategies for mental health professionals....[and his] discussions are provocative and are supported by current, well-established references."--PsycCRITIQUES "I give high marks to Legal Self-Defense for Mental Health Practitioners because it presents a real-world perspective and no-nonsense analysis....As impressive, is that this valuable information is packed into a mere 153 pages, making the book an economical investment of time for the knowledge that is gained."--New England Psychologist At some point in their careers, mental health professionals may face legal action from clients. Clients may be noncompliant regarding policies agreed upon at the outset of therapeutic services, not adhere to an individualized treatment plan, be inappropriately aggressive, and file unjustified ethics and licensing complaints and/or lawsuits. Unfortunately, many mental health practitioners are not prepared for such actions and suffer great distress that affects their professional and personal lives. This practical text, written by an author who is both a psychologist and an attorney, demonstrates how mental health professionals can avoid legally actionable mistakes in their practices and what to do if they occur. Reflecting contemporary social policy and laws regarding mental health services, the text emphasizes the protection of rights for both practitioner and client, and addresses such pitfalls as malpractice, licensing hearings, noncompliant clients, and dealing with the legal system. It distills the authorís wisdom, gained over more than 30 years of legal counsel to all types of mental health practitioners, and describes how to improve practice strategies for achieving quality care, confront ethics and licensing complaints, and defend against potential or actual lawsuits. Additionally, the book covers individualized treatment planning, effective record keeping, how to deal with dangerous clients, how to insulate yourself from risk, and more. Numerous real life examples further help practitioners foster the knowledge and skills to assertively defend their rights should the need arise. Key Features: Illustrates how to avoid legally actionable mistakes in assessment and treatment Covers such issues as effective record keeping, treatment planning, dealing with dangerous or non-compliant clients, protecting your practice, and more Helps mental health professionals foster a ìwarriorî mentality when faced with unjust allegations of wrongdoing Presents numerous real-life cases