Psychology 277: Psychology and the Law Fall 2012 MW: 8:30-9:50 Room: Judd 116 Instructor: Sarah Carney Office: Judd 201 Office Hours: Wednesdays 10-11 (or by appointment) Phone: 685-4976 Email: scarney@wesleyan.edu Course Description: This course will offer an introduction to the range of topics that are of concern both to psychologists and to members of the legal profession. We will investigate how psychologists may enter the legal arena as social scientists, consultants, and expert witnesses, as well as how the theory, data, and methods of the social sciences can enhance and contribute to our understanding of the judicial system. We will focus on what social psychology can offer the legal system in terms of its research and expertise with an examination of the state of the social science research on topics such as juries and decision making, eyewitness testimony, mental illness, the nature of voluntary confession, competency/insanity, child testimony, repressed memory, and sentencing guidelines. In addition, this course will look at the new and exciting ways legal scholars and psychologists/social scientists are now collaborating on research that looks at issues such as the role of education in prison, cultural definitions of responsibility, media accounts and social representations of crime and criminals, death penalty mitigation, and gender/race discrimination within the criminal justice system. This course will introduce students to this field, especially to the growing body of applied and theoretical work and resources available for study and review. Students will be encouraged to explore the connections between issues of social science and the law, translating legal issues into social scientific research questions which can then be examined more closely in the literature. Required Text: Wrightsman, Greene, Nietzel & Fortune (2011). Psychology and the Legal System. 7th Edition. Pacific Grove, CA: Brooks/Cole Publishing. Class Handouts: As needed. Reserve Reading: Noted in syllabus Course Requirements: 1. This course is a combined lecture/discussion format. Participation in the discussion of class readings is a critical part of this class. To demonstrate that you have critically read the assigned material and thought about its implications, you should come to class prepared to respond with a thought out view point, to ask 1 questions about material that is unclear, and to make connections between what you have read for class and current events. Although there will be times when I will want to underscore some of what you have read—and to make sure that key terms/ideas were understood—class discussions will not duplicate the assigned reading. Instead, the readings will serve as a jumping off point for our class conversations. 2. Class participation is essential in the success of this course. In terms of participation I am more interested in quality rather than quantity. Useful comments move the discussion forward and build on the comments already offered. Useful comments/thoughtful participation move beyond opinion and “I feel” type statements and include some evidence for why you are making this statement, some acknowledgment of complexity and some recognition of the ways in which diverse perspectives can see issues in dramatically different ways. Controversy is built into the nature of this course; there will be few weeks where our conversations will not be fraught with some form of tension stemming from the multiplicity of perspectives in the room. It is important therefore, that the discussion be respectful of a variety of viewpoints. Many of the issues we will cover will have no “right” or “wrong” answers. One of the goals of this course is to get you to understand that this diversity of viewpoint is a strength and not a weakness of the work we are studying. Listen to what others have to say. 3. Productive conversation requires regular attendance. If you are a person who cannot attend regularly, this is not the course for you. Absences will affect your grade. Repeated Absences (3 classes) will lower your final grade. 4. There will be two in class exams during the semester. Dates are noted on the syllabus. The exams are worth 25 and 30% of your course grade. Exams will consist of both multiple choice and essay type/short answer questions. Exams will cover the material of roughly half the semester; all course material will be considered “fair game” (readings, class discussions, films, lectures). Please Note: Without a signed medical excuse from the health service or a note from your Dean about a family emergency, there are NO make-up exams. You cannot miss a scheduled exam. There is NO final exam. 5. You will write a total of three papers in this course. Due dates are noted in the syllabus. The papers will be reaction or reflection-type papers (specific instructions/sample papers will be made available early in the semester). I will provide you with more detailed assignment sheets and you can (and should) plan to meet either with me individually to make sure you understand the expectations of these assignments. I am always available during office hours, by appointment, and by email to discuss your progress with you. 2 Grading Students will be graded using the system described in the Wesleyan University catalog, modified by pluses and minuses: A=Excellent B=Good C=Fair D=Marginal But Passing U/F=Unsatisfactory If you have questions or concerns about your grades, please see me. In summary: Exam 1=25% Exam 2=30% Paper #1: 15% Paper #2: 15% Paper #3: 15% Students with Disabilities: It is the policy of Wesleyan University to provide reasonable accommodations to students with documented disabilities. Students, however, are responsible for registering with Disabilities Services, in addition to making requests known to me in a timely manner. If you require accommodations in this class, please make an appointment with me as soon as possible [during the nth week of the semester], so that appropriate arrangements can be made. The procedures for registering with Disabilities Services can be found at http://www.wesleyan.edu/deans/disabilitystudents.html. Course Readings/Schedule of Topics 9-3-12 Course Introduction—No required reading. 9-5-12 What is Psychology and the Law? 9-10-12 Wrightsman 7th edition: Chapter 1, pp. 1-25; Chapter 2, pp. 2633. Brigham, J. C. (1999). What is forensic psychology anyway? Law and Human Behavior, 23 (3), 273-298. Film: “The Farm” Rideau, W. (2010). Ruination. In the Place of Justice: A Story 3 9-12-12 The Doctrine of Individualism and Conceptions of Social Responsibility 9-17-12 Fine, M. & Carney, S. (2001). Women, gender, and the law: toward a feminist rethinking of responsibility. In R. Unger (ed.) Handbook of the Psychology of Women and Gender. New York, NY: John Wiley and Sons. Rideau, W. (2010). Solitary. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 63-75. New York, NY: Alfred A. Knopf Rideau, W. (2010). The Jungle. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 76-107. New York, NY: Alfred A. Knopf Eyewitness Testimony: Elizabeth Loftus, Perception and Memory 9-19-12 Of Punishment and Deliverance. Pp. 3-32. New York, NY: Alfred A. Knopf Rideau, W. (2010). Tribulation. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 33-62. New York, NY: Alfred A. Knopf Wrightsman 7th edition: Chapter 5, pp. 112-138. Wells, G., Small, M., Penrod, S., Malpass, R., Fulero, S., & Brimacombe, C. (1998). Eyewitness identification procedures: recommendations for line-ups and photospreads. Law and Human Behavior, 22 (6), 603-647. Loftus, E., & Wagenaar, W. (1990). Ten cases of eyewitness identification: logical and procedural problems. Journal of Criminal Justice, 18 (4), 291-319. Rideau, W. (2010). Mentor. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 108-128. New York, NY: Alfred A. Knopf Children as Eyewitnesses Rosenthal, R. (1995). State of New Jersey v. Margaret Kelly Michaels: An overview. Psychology, Public Policy, and Law, 1 (2), 246-271. Bruck, M. & Ceci, S. (1995). Amicus brief for the case of state of New Jersey v. Margaret Kelly Michaels presented by a committee of concerned social scientists. Psychology, Public Policy, and Law, 1 (2), 272-322. 4 9-24-12 Film: Hungry for Monsters 9-26-12 Rideau, W. (2010). Crackdown. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 129-148. New York, NY: Alfred A. Knopf Rideau, W. (2010). Truth Behind Bars. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 149-163. New York, NY: Alfred A. Knopf Rideau, W. (2010). Disillusion. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 164-183. New York, NY: Alfred A. Knopf Rideau, W. (2010). Soldiering On. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 184-211. New York, NY: Alfred A. Knopf Identification and Evaluation of Criminal Suspects: Profiling, and Confession Wrightsman 7th edition: Chapter 6, pp. 140-169. Inbau, F., & Reid, J. (1967). Criminal Interrogation and Confessions (pp. 25-119). Baltimore, MD: The Williams and Wilkins Company. First Reaction Paper Due (5:00) 10-1-12 Identification and Evaluation continued… Muller, D. (2000). Criminal profiling: real science or just wishful thinking? Homicide Studies, 4 (3), 234-264. Kassin, S. & Kiechel, K. (1996). The social psychology of false confessions: compliance, internalization, and confabulation. Psychological Science, 7, 125-128 Homant, R. & Kennedy, D. (2006). Psychological aspects of crime scene profiling. In C. Bartol & A. Bartol (eds.) Current Perspectives in Forensic Psychology and Criminal Justice (pp. 45-53) Thousand Oaks, CA: Sage Publications. 10-3-12 Finish Profiling 10-8-12 Competence, Insanity, and Forensic Assessment Wrightsman 7th edition: Chapter 8, pp. 193-226. 5 Arrigo, B. & Tosca, J. (1999). Right to refuse treatment, competency to be executed, and therapeutic jurisprudence: toward a systemic analysis. Law and Psychology Review, 23, 1-47. Spinelli, M. (2004). Maternal infanticide associated with mental illness: prevention and the promise of saved lives. American Journal of Psychiatry, 161(9), 1548-1557. 10-15-12 No Class-Fall Break 10-17-12 Finish competence/insanity Rideau, W. (2010). Hope. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 212-237. New York, NY: Alfred A. Knopf Rideau, W. (2010). Censorship. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 238-261. New York, NY: Alfred A. Knopf 10-22-12 Exam 1 10-24-12 Psychology of Victims 10-29-12 The Trial Process—Juries 10-31-12 Wrightsman 7th edition: Chapter 13, pp. 322-352. Fine, M. (1992). Coping with rape: critical perspectives on consciousness. Disruptive Voices: The Possibilities of Feminist Research. Ann Arbor, MI: The University of Michigan Press. Browne, A. (1987). Fear and the perception of alternatives: Asking “why battered women don’t leave” is the wrong question. When Battered Women Kill. New York, NY: Free Press. Wrightsman 7th edition: Chapter 11, pp. 272-293. Toobin, J. (1996b, September 9). The Marcia Clark Verdict. The New Yorker, pp. 58-71. The Trial Process—Expert Witnesses and Trial Consulting Stahly, G. & Walker, L. (1997). What are nice feminists like you doing on the O.J. defense team? Personal ruminations on the “trial of the century.” Journal of Social Issues, 53 (3), 425439. 6 Strier, F. (1999). Whither trial consulting? Issues and projections. Law and Human Behavior, 23 (1), 93-115. Krauss, D. & Sales, B. (2001). The effects of clinical and scientific testimony in capital sentencing. Psychology, Public Policy, and Law, 7 (2), 267-310. Second Reaction Paper Due (5:00) 11-5-12 Finish Trial Process 11-7-12 Children as Defendants 11-12-12 Cultural Representations of Crime—Crime in Children’s Television 11-14-12 Hancock, L. (2000). Framing children in the news: the face and color of youth crime in America. In V. Polakow (ed.) The Public Assault on America’s Children: Poverty, Violence and Juvenile Justice. New York, NY: Teachers College Press. Rutherford, J. (2002). The end of adolescence: juvenile justice caught between the exorcist and a clockwork orange. DePaul Law Review, 51 DePaul L. Rev. 715. Chamberlin, C. (2001). Not kids anymore: a need for punishment and deterrence in the juvenile justice system. Boston College Law Review, 42 B.C. L. Rev. 391. Stark, S. (1987). Perry Mason meets sonny crockett: the history of lawyers and the police as television heroes. The University of Miami Law Review, 42 U. Miami L. Rev. 229. Rideau, W. (2010). Behind Enemy Lines. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 262-300. New York, NY: Alfred A. Knopf Punishment and Sentencing Wrightsman 7th edition: Chapter 14, pp. 353-381. Austin, J. & Irwin, J. (2001). Supermax. It’s About Time: America’s Imprisonment Binge. Canada: Wadsworth Thompson Learning. Haney, C. (2003). Mental health issues in long term solitary and “supermax” confinement. Crime and Delinquency, 49 7 11-19-12 The Death Penalty in America Bedau, H. (1997). Furman v. Georgia, 1972: The Death Penalty as Administered is Unconstitutional. In H. Bedau (ed.) The Death Penalty in America: Current Controversies. New York, NY: Oxford University Press. Bedau, H. (1997). Gregg v. Georgia, 1976: The Death Penalty is not per se unconstitutional. In H. Bedau (ed.) The Death Penalty in America: Current Controversies. New York, NY: Oxford University Press. 11-21-12 No Class-Thanksgiving Break 11-26-12 The Death Penalty in America Continued… 11-28-12 Haney, C. (1994). Psychological secrecy and the death penalty: observations on the “mere extinguishment of life.” Studies in Law, Politics and Society, 16, 3-69. “The Exonerated” College in Prison Fine, M., Torre, M., Boudin, K., Bowen, I., Clark, J., Hylton, D., Martinez, M., “Missy”, Roberts, R., Smart, P., & Upegui, D. (2001). Changing Minds: The Impact of College in a Maximum Security Prison. Rideau, W. (2010). Deliverance. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 301-329. New York, NY: Alfred A. Knopf Rideau, W. (2010). Heaven. In the Place of Justice: A Story of Punishment and Deliverance. Pp. 330-350. New York, NY: Alfred A. Knopf Third Reaction Paper Due (5:00) 12-3-12 Film: Shakespeare Behind Bars 12-5-12 Exam 2 8 (Class begins at 8:00)