COLLEGE OF HUMANITIES AND SOCIAL & BEHAVIORAL SCIENCES
Course Description
Psychology 534
Psychology and The Courtroom
Meeting Times: 11:00 - 12:20 pm TR
Meeting Place: Sloan 100
E-mail:
Terry.m.libkuman@CMICH.edu
Office:
Sloan 213
Web Site:
www.courses.cmich.edu/psy534
Spring, Y2K
Section Number:
Instructor:
Phone:
50803
Terry M. Libkuman
774-6487 (voice mail)
Office Hours: 9:30 - 11:00 a.m. TR
9:00 - 11:00 a.m. W
1. Course Description.
The focus of this course will be to examine the relationship between psychology and the legal system.
Research from a variety of areas including social, cognitive, developmental, and clinical will be used to
understand the legal system (especially the trial process) from a psychological perspective. A variety of
topics will be discussed including jury selection, pre trial publicity, police interrogations and confessions,
repressed memories, hypnosis, lie detection, eyewitness testimony, child witnesses, and expert
witnesses.
2. Text.
Horowitz, I. A., Willging, T. E., & Bordens, K. S. (1998). The psychology of law. New
York: Longman.
3. Other Readings.
Readings will consist of selected court cases and opinions, research articles, and book chapters. These
readings will be on reserve in the Library.
4. Class Time.
Short answer essay exams will be given every Tuesday. Questions for these exams will be based on
study guide questions taken from the Horowitz, Willging, and Bordens (HWB) text. Study Guides will
be provided on a weekly basis. These exams will be graded and returned no later than Thursday of the
same week. The purpose of the exams is to prepare you for Thursday. On each Thursday, a
discussion format will be followed. The discussion will be based on the other readings. Basically,
each student will critique each assigned reading. Critique of each reading will contain a summary,
strengths, weaknesses, questions, and implications. These summaries should be brief (about 2 pages)
and should reflect your understanding of the reading. The summaries will be turned in after the
discussion is completed. For each article, a discussion leader will be assigned. The discussion leader
will be required to present a synopsis of the reading and manage the discussion. We will cover about
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two readings each Thursday. Participation in these discussions is mandatory.
5. Research Proposals.
Graduate students will be required to do a research proposal or extra readings (see 10). The research
proposal will contain an introduction, method, and reference section. APA format will be required. The
focus of the paper will be on developing an original, testable and doable study (one that you may be
able to carry out at some future date). This paper should be no longer than five typewritten pages.
6. Trial Observations.
You will be required to observe an actual jury trial or trials. The purpose of this exercise is to gain some
experience on how jury trials are actually conducted. Contact legal professionals in your area for a
schedule of jury trials that are or will be in session. A good start would be to contact the district court
and ask for the scheduling clerk. This person should be able to provide you with a schedule of
upcoming trials and how long they are scheduled to last. You will be required to spend 10 hours
observing actual jury trials. TAKE NOTES! Make sure to include the dates and times that you spend
at the trial, the basic details or facts of the trial (e.g., its location, the purpose of the trial, the names of
the key figures, etc.), and most importantly the principles and procedures that were used in the trial
possibly including jury selection, opening statements, presentation of evidence, closing statements, jury
instructions and deliberations and the outcome of the trial. You may also want to contact the involved
attorneys and have them discuss the case with you if they are willing to do so. Of course, do not
contact them in court, but through their office. The hours you spend interviewing the attorneys will count
towards your 10 hours of observations. Based on information you collected write a typewritten paper
of about 4-5 pages that summarizes and critiques the trial. Use the basic notions in your textbook as a
guide for your observations and writing. That is, what principles, procedures, etc. that were discussed
in the text were exhibited in the trial. Finally, it would be instructive to note the similarities and
differences between the textbook’s version of the practice of law and actual practice of law. It would
be best to observe a complete trial. Unfortunately, some trials last more than 10 hours. In these cases,
observe what you can for 10 hours. It is also possible that some trials may take less than 10 hours. In
these cases, observe more than one trial until you have the 10 hours completed. It is also acceptable to
split your observations among two or more trials. Although not required, if you need to observe more
than one trial, it would be useful to observe a civil and a criminal trial. The bottom line is that you need
to have 10 hours of observations
7. Prerequisites.
Permission of instructor. Some background in psychology is necessary. Some of the reading would be
difficult without training in basic statistics and research design.
8. Grade.
There are 14 exams. Each exam is worth 10 points. There are 14 critiques. Each critique is worth 10
points. The research proposal is worth 50 points. The trial observations assignment is worth 50 points.
Class discussion will be evaluated throughout the entire semester and is worth 50 points.
I expect the grades to be high in this class because I expect top performance from the students who
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take this course. Given the nature of how this course will be taught, assume that it will take about nine
hours of weekly studying to do well.
9. Examination Schedule.
All examinations occur on Tuesdays.
Jan
18
25
HWB Chapter
1 Introduction
2 The Role of Procedure in the Legal System
Feb
1
8
15
22
29
3
4
5
6
7
Victims, Defendants and Judges
Police and Lawyers
Pretrial Issues
The Trial: Selection of a Jury, Opening Acts, and Rules of Evidence
The Eyewitness (up to page 191)
Mar
14
21
28
7
8
8
The Eyewitness (beginning on the bottom of page 191)
The Child Witness (up to page 222)
The Child Witness (beginning on page 223)
9
10
11
12
The Presentation of Scientific Evidence
The Jury’s Decision
Judges, Juries, and Justice
A Case Study: Social Science and the Death Penalty
Apr
4
11
18
25
May
2
Turn in Papers
10. Discussion Schedule and Readings.
Jan 20 Readings (Introduction)
(1)
Maass, A. (1996). Logic and methodology of experimental research in eyewitness
psychology. In S. L. Sporer, R. S. Malpasss, & G. Kochnken (Eds.), Psychological issues in
eyewitness identification (pp. 279-293). Hillsdale, NJ: Erlbaum.
**(2) Daubert, V., Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993).
(3) Yuille, J. L. (1993). We must study forensic eyewitnesses to know about them. American
Psychologist, 48, 572-573.
*Required Reading. Depending on a variety of circumstances, the required readings may change. I will
provide you with a timely update if and when this happens.
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**Additional graduate student readings
(4) Cutler, B. L., & Penrod, S. D. (1995). Mistaken identification (pp. 55-78). NY: Cambridge
University Press.
(5) McMahon, P. M., & Fehr, L. A. Methodological problems in mock jury research. The Journal
of Social Psychology, 123, 277-278.
*(6) Brigham, J. C. (1999). What is forensic psychology, anyway? Law and Human Behavior, 23,
273-298.
*(7) Bornstein, B. H. (1999). The ecological validity of jury simulations: Is the jury still out? Law
and Human Behavior, 23, 75-91.
Jan 27 Readings (The Role of Procedure)
*(1)
Loh, W. D. (1984). Introduction to law and the judicial process. In social research in the
judicial process: Cases, readings, and text (pp. 23-40). NY: Russell Sage Foundation.
(2) Federal rules of evidence (as amended through 1994).
*(3) Fulero, S. M., & Turner, D. (1997). Using British trial procedures in American cases: A more
civil trial? Law and Human Behavior, 21, 439-448.
**(4) Wrightsman, L. S., Nietzel, M. T., & Fortune, W. H. (1998). Psychology and the legal
system. (Chapter 1 - Psychology and the law: Impossible choices) (pp. 1-27).
(5) Makkai, T., & Braithwaite, J. (1996). Procedural justice and regulatory compliance. Law and
Human Behavior, 20, 83-98.
**(6) Spencer, J. R. (1998). The role of experts in the common law and the civil law: A comparison.
In S. J. Ceci & H. Hembrooke (Eds.), Expert witnesses in child abuse cases (pp. 29-58).
Washington, DC: American Psychological Association.
Feb 3 Readings (Victims, Defendants, and Judges)
(1)
Egbert, J. M., Jr., Moore, C. H., Wuensch, K. L., & Castellon, W. A. (1992). The effect of
litigant social desirability on judgments regarding a sexual harassment case. Journal of Social
Behavior and Personality, 7, 569-579.
(2) Schuller, R. A., & Cripps, J. (1998). Expert evidence pertaining to battered women: The
impact of gender of expert and timing of testimony. Law and Human Behavior, 22, 17-32.
*(3) Greene, E., Koehring, H., & Quiat, M. (1998). Victim impact evidence in capital cases: Does
the victim character matter? Journal of Applied Social Psychology, 2, 145-156.
**(4) Waldo, L. R., Berdahl, J. L., & Fitzgerald, L. F. (1998). Are men sexually harassed? If so,
by whom? Law and Human Behavior, 22, 59-80.
(5) Bursztajn, H. J., Hamm, R. M., & Gutheil, T. G. (1997). Beyond the black letter of the law:
An empirical study of an individual judge s decision process for civil commitment hearings.
Journal of American Academy of Psychiatry & The Law, 25, 79-94.
*(6) Nestor, P. G., Daggert, D., Haycock, J., & Price, M. (1999). Competence to stand trial: A
neuropsychological inquiry. Law and Human Behavior, 23, 397-411.
Feb 10 Readings (Police and Lawyers)
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*(1)
Leo, R. A., & Ofshe, R. J. (1998). Using the innocent to scapegoat Miranda: Another reply
to Paul Cassell. The Journal of Criminal Law & Crimionology, 88, 557-577.
(2) Arizona v Fulminante (1991), 111 S. Ct. 1246.
(3) Leo, R. A. (1996). Inside the interrogation room. Journal of Law and Criminology, 86, 266303.
**(4) Kassin, S. M. (1997). The psychology of confession evidence. American Psychologist, 52,
221-233.
(5) Kassin, S. M., & Klechel, K. L. (1996). The social psychology of false confessions:
Compliance, internalization, and confabulation. Psychological Science, 7, 125-128.
(6) Kassin, S. M., & Neumann, K. (1997). On the power of confession evidence: An
experimental test of the fundamental difference hypothesis. Law and Human Behavior, 21,
469-484.
(7) Leo, R. A. (1996). Miranda s revenge: Police interrogation as a confidence game. Law &
Society Review, 30, 259-288.
*(8) Cassell, P. (1998). Protecting the innocent from false confessions and lost confessions - and
from Miranda. Journal of Criminal Law & Criminology, 88, 497.
Feb 17 Readings (Pretrial Issues)
(1)
Page, D., & Gropp, T. (1995, April). Pretrial publicity: Attitudinal and cognitive mediators.
Paper presented at the meeting of the Eastern Psychological Association, Boston.
(2) Bailis, D. S., & MacLoun, R. J. (1996). Estimation liability risks with the media as your guide:
A content analysis of media coverage of text litigation. Law and Human Behavior, 20, 419429.
(3) Douglas, K. S., & Ogluff, J. R. P. (1996). An investigation of factors influencing public opinion
of prospects bias in Canadian criminal code maximum sentences. Law and Human Behavior,
20, 395-416.
*(4) Wilson, J. R., & Bornstein, B. H. (1998). Methodological considerations in pretrial publicity
research - Is the medium the message? Law and Human Behavior, 22, 585-597.
**(5) Kerr, N. L., Kramer, G. P., Carroll, J. S., & Alfini, J. J. (1991). On the effectiveness of voir
dire in criminal cases with prejudicial pretrial publicity: An empirical study. The American
University Law Review, 40, 665-701.
*(6) Mehrkens Steblay, N., Bersirevil, J., Fulero, S. M., & Jimenez-Lorente, B. (1999). The
effects of pretrial publicity on juror verdicts: A meta-anlaytic review. Law and Human
Behavior, 23, 219-235.
Feb 24 Readings (The Trial: Selection of a Jury, Opening Acts, and Rules of Evidence)
(1)
Hans, V. P., & Vidmar, N. (1982). Jury selection. In N. Kerr & R. Bray (Eds.), The
psychology of the courtroom. NY: Academic Press.
(2) Batson v Kentucky (1986), 54 U.S.L.W. 4425.
*(3) Schulmen, J., et al. (1973). Recipe for a jury. Psychology Today, May, 37-44.
**(4) Horowitz, J. A., & Willging, T. E. (1991). Changing views of jury power: The nullification
debate, 1787-1988. Law and Human Behavior, 15, 165-182.
*(5)
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Niedermeier, K. E., Horowitz, I. A., & Kerr, N. L. (1999). Informing jurors of their
nullification power: A route to a just verdict or judicial chaos? Law and Human Behavior, 23,
331-350.
Mar 2 Readings (The Eyewitness)
*(1)
Brown, D., Scherlin, A. W., & Hammond, D. L. (1998). The false memory debate. Memory,
trauma treatment, and the law (pp. 1-20). NY: Wm. Norton Co.
(2) Malpass, R. S. (1996). Enhancing eyewitness memory. In S. L. Spurer, R. S. Malpass, & G.
Koehnken (Eds.), Psychological Issues in Eyewitness Identification (pp. 177-204) Mahwah,
NJ: Erlbaum.
*(3) Wells, G. L. (1993). What do we know about eyewitness identification? American
Psychologist, 48, 553-571.
**(4) Wells, G. L., & Bladfield, A. M. (1998). Good you identified the suspect : Feedback to
eyewitnesses distorts their reports of the witnessing experience. Journal of Applied Psychology,
83, 360-376.
Mar 16 Readings (The Eyewitness)
(1)
Lipton, J. P. (1996). Legal aspects of eyewitness testimony. In S. L. Sporer, R. S. Malpass,
& G. Koehnken (Eds.), Psychological Issues in Eyewitness Identification (pp. 7-22). Hillsdale,
NJ: Erlbaum.
*(2) Shaw, J. S., III, & McClure, K. A. (1996). Repeated past event questioning can lead to
evaluated levels of eyewitness confidence. Law and Human Behavior, 20, 629-653.
(3) Shaw, J. S., III, Garven, S., & Wood, J. M. (1997). Co-witness information can have
immediate effects on eyewitness memory reports. Law and Human Behavior, 21, 503-524.
*(4) Reiser, M. (1974). Hypnosis as an aid in a homicide investigation. American Journal of
Clinical Hypnosis, 17, 84-87.
**(5) Sheehan, P. W., et al. (1991). Pseudomemory effects and their relation to susceptibility to
hypnosis and state instruction. Journal of Personality and Social Psychology, 60, 130-137.
(6) Rock V. Arkansas (1987). 483 U.S. 44.
*(7) Fisher Holst, V., & Pezdek, K. (1992). Scripts for typical crimes and their effects on memory
for eyewitness testimony. Applied Cognitive Psychology, 6, 573-587.
Mar 23 Readings (The Child Witness)
*(1)
*(2)
*(3)
(4)
Pozzulo, J. O., & Lindsay, R. L. L. (1998). Identification accuracy of children versus adults: A
meta-analysis. Law and Human Behavior, 22, 549-570.
Brown, D., Scheklin, A. W., & Hammond, D. L. (1998 ). Distinguishing between true and
false memories. Memory, trauma, treatment, and the law (pp. 613-634). NY: Wm. Norton &
Co.
Loftus, E. F. (1993). The reality of repressed memories. American Psychologist, 48, 518537.
Rosenthal, R. (1995). State of New Jersey v. Margaret Kelly Michaels: An overview.
Psychology, Public Policy, and Law, 2, 246-271.
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(5) Bruck, M., & Ceci, S. J. (1995). Amicus brief for the case of New Jersey v. Michaels
presented by committee of concerned social scientists. Psychology, Public Policy, and Law, 1,
246-271.
**(6) Peterson, C., Dowden, C., & Tobin, J. (1999). Interviewing preschoolers: Comparisons of
yes/no and wh questions. Law and Human Behavior, 23, 539-555.
Mar 30 Readings (The Expert Witness)
(1)
Willinger, S. D. (1995). A trial lawyer s perspective on mental health professionals as expert
witnesses. Consultant Psychology Journal: Practice and Research, 47, 141-149.
(2) Leippe, M. (1995). The case for expert testimony about eyewitness memory. Psychology,
Public Policy, and Law, 1, 909-959.
*(3) McCloskey, M., & Egeth, H. E. (1983). Eyewitness identification: What can a psychologist
tell a jury? American Psychologist, 38, 550-563.
*(4) Loftus, E. F. (1983). Silence is not golden. American Psychologist, 38, 564-571.
(5) Kassin, S. M., et al. (1989). The general acceptance of psychological research on
eyewitness testimony: A survey of the experts. American Psychologist, 44, 1089-1098.
**(6) Goodman-Delahunty, J. (1997). Forensic psychological expertise in the wake of
Daubert.Law and Human Behavior, 21, 121-140.
(7) Bruck, M. (1998). The trials and tribulations of a novice expert witness. In S. J. Ceci & H.
Hembrooke (Eds.), Expert witnesses in child abuse cases (pp. 85-104). Washington, DC:
American Psychological Association.
Apr 6 Readings (The Presentation of Scientific Evidence)
*(1)
Saxe, L., et al. (1985). The validity of polygraph testing: Scientific analysis and public
controversy. American Psychologist, 40, 355-366.
*(2) Honts, C. R., & Perry, M. V. (1992). Polygraph admissibility: Changes and challenges. Law
and Human Behavior, 16, 357-379.
*(3) Iacono, W. G., & Lykken, D. T. (1997). The validity of the lie detector: Two surveys of
scientific opinion. Journal of Applied Psychology, 82, 426-433.
(4) Hall, H. V., Catlin, E., Boissevain, A., & Westgate, J. (1984). Dangerous myths about
predicting dangerousness: I. American Journal of Forensic Psychology, 2, 173-193.
**(5) Bar-Hiliel, M. (1984). Probabilistic analysis in legal fact-finding: Acta Psychologica, 56, 267284.
(6) Boyll, J. R. (1991). Psychological, cognitive, personality, and interpersonal factors in jury
verdicts. Law & Psychology Review, 15, 163-184.
Apr 13 Readings (The Jury’s Decision)
*(1)
Dillehay, R. C., & Sandys, M. R. (1996). Life under Wainwright v. Witt: Juror dispositions
and death qualification. Law and Human Behavior, 20, 147-165.
*(2)
Douglas, R. S., Lyon, D. R., & Ogloff, R. P. (1997). The impact of graphic photographic
evidence on mock jurors decisions in a murder trial: Probative and prejudicial? Law and
8
Human Behavior, 21, 485-502.
**(3) Kassin, S. M., & Wrightsman, L. S. (1988). The American jury on trial. Washington, DC:
Hemisphere Books, Chapters 4-7.
(4) Stasser, G., et al. (1982). The social psychology of jury deliberations. In N. Kerr & R. Bray
(Eds.), The psychology of the courtroom (pp. 221-256). NY: Academic Press.
Apr 20 Readings (Judges, Juries, and Justice)
(1)
Greene, S., & Loftus, E. R. (1998). Psychological research on jury damage awards. Current
Directions in Psychological Science, 7, 50-54.
*(2) Beck, J. C., & Shumsky, R. (1997). A comparison of retained and appointed counsel in cases
of capital murder. Law and Human Behavior, 21, 525-538.
(3) Steadman, H. J., et al. (1993). Before and after Hinckley: Evaluating insanity defense reform.
NY: Guilford Press. (Pp. 1-44, 138-152).
*(4) Hagen, M. A. (1997). Whores of the court: The fraud of psychiatric testimony and the rape of
American justice. NY: HarperCollins. (pp. 1-14, 100-133).
**(5) Griffith, J. D., Libkuman, T. M., Kazen, J., & Shafir, M. S. (in press). Repressed memories in
the courtroom: Trial characteristics affecting mock jurors decision making. American Journal
of Forensic Psychology.
Apr 27 Readings (A Case Study: Social Science and the Death Penalty)
(1)
(2)
Lockhart v. McCree (1986), 476 U.S. 162.
Bersoff, D. N., & Ogden, D. W. (1987). In the Supreme Court of the United States:
Lockhart v. McCree. American Psychologist, 42, 59-68.
(3) Haney, C., et al. (1994). Modern death qualification: New data on its biasing effects. Law
and Human Behavior, 18, 619-633.
**(4) Goodman-Delahunty, J., Greene, E., & Hsiad, W. (1998). Construing motive in videotaped
killings: The role of jurors attitudes toward the death penalty. Law and Human Behavior, 22,
257-271.
*(5) Frank, J., & Applegate, B. K. (1998). Assessing juror understanding of capital sentencing
instructions. Crime & Delinquency, 44, 412-433.
*(6) Schaefer, K. D., Hennessy, J. J., & Ponterotto, J. G. (in press). Role as a variable in imposing
and carrying out the death penalty in the U.S. Journal of Offender Rehabilitation, 30(3-4)2000.
11. Internet Legal Resources.
American Academy of Forensic Psychology
http://www.abfp.com/aafp/
American Academy of Psychiatry and the Law
http://www.emory.edu/AAPL/
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American Psychology-Law Society (AP-LS) - Division 41 of APA
http://www.unl.edu/ap-ls/
Dr. Hooper s Forensic Psychiatry Resource Page (U. of Alabama)
http://ual vm.ua.edu/~jhooper/
David s Forensic Psychology and Psychiatry Links
http://www.ozemail.com.au/~dwillish/
Zeno s Forensic Page
http://zeno.simplenet.com/forensic.html#psychiatry
Forensic Psychology & Psychiatry
http://www.public.usit.net/rscarp/f_psych.html
Psychology of Violent Crimes
http://www.evansville.net/~alienist/psych_index.html
Forensic Psychiatry On-Line (Journal)
http://www.priory.com/forpsy.htm
UVA Institute for Law, Psychiatry, & Public Policy
http://ness.sys.Virginia.EDU/ilppp/
Dr. Bursztajn s Forensic Psychiatry Page (Harvard U.)
http://www.forensic-psych.com/pubs/rebirth.htm
12. Sources of Law.
U.S. Constitution
http://www.law.emory.edu/FEDERAL/usconst.html
The Declaration of Independence
http://www.law.emory.edu/FEDERAL/independ/declar.html
U.S. Government Printing Office: Includes access to Bills currently being considered by Congress
http://www.access.gpo.gov/su_docs/
U.S. Supreme Court Decisions: Full text; searchable by subject; 1990-present
http://www.law.cornell.edu:/supct/supct.table.html
U.S. Court of Appeals, First Circuit Cases
http://www.law.emory.edu/1circuit/
U.S. Court of Appeals, Second Circuit Cases
10
http://www.law.pace.edu/legal/us-legal/judiciary/second-circuit.html
U.S. Court of Appeals, Third Circuit Cases
http://ming.law.vill.edu/Fed-Ct/ca03.html#usappeals
U.S. Court of Appeals, Fourth Circuit Cases
http://www.law.emory.edu/4circuit/
U.S. Court of Appeals, Fifth Circuit Cases
http://www.law.utexas.edu/us5th/us5th.html
U.S. Court of Appeals, Sixth Circuit Cases
http://www.law.emory.edu/6circuit/
U.S. Court of Appeals, Seventh Circuit Cases
http://www.law.emory.edu/7circuit/
U.S. Court of Appeals, Ninth Circuit Cases
http://ming.law.vill.edu/Fed-Ct/ca09.html#usappeals
U.S. Court of Appeals, Tenth Circuit Cases
http://www.law.emory.edu/10circuit/
U.S. Court of Appeals, Eleventh Circuit Cases
http://www.law.emory.edu/11circuit/
U.S. Court of Appeals, D.C. Circuit Cases
http://www.ll.georgetown.edu/Fed-Ct/cafed.html
United States Code
http://www.law.cornell.edu/uscode/
North Carolina Supreme Court
http://www.nando.net/insider/supreme/supco.html
North Carolina Court of Appeals
http://www.nando.net/insider/appeals/appeals.html
13. Legal Research Resources.
Search Legal: Courts
http://www.intbc.com/sleuth/lega-c.html
Search Legal: News and Discussion Groups
http://www.intbc.com/sleuth/lega-.html
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Meta-Index for U.S. Legal Research
http://gsulaw.gsu.edu/metaindex/
Inter-Law s Lectric Law Library
http://www.lectlaw.com/
Hiermos Gamos: A Comprehensive Site to the Legal Profession
http://www.hg.org
Criminal Law Links
http://dpa.state.ky.us:80/~rwheeler/
USA Law
http://www.usalaw.com/
Virtual Law Library
http://www.law.indiana.edu/law/lawindex.html
Legal Resource Locator
http://www.dorsai.org/p-law/
CyberLawyer: On-line Legal Advice
http://www.cyberlawyer.com
THE SEAMLESS WEBsite: Law and Legal Resources
http://starbase.ingress.com/tsw/
Law Links
http://www.counsel.com/lawlinks
Legal Resources
http://www.lsu.edu/~poli/legal.html
Law Marks: Legal Resource Database
http://www.iwc.com/entropy/marks/bkmrk/html
REFLAW
http://law.wuacc.edu/washlaw/reflaw/reflaw.html
The Federal Web Locator
http://www.law.vill.edu/fed-agency/fedwebloc.html
The Practicing Attorney s Home Page: Main Listing
http://users.aimnet.com/~ils/main.html
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The Legal List
http://www.lcp.com/The-Legal-List/TLL-home.html
Criminal (Law)
http://galaxy.einet.net/galaxy/Law/Criminal.html
The House of Representatives - Internet Law Library - Crime
http://www.pls.com:8001/his/96.htm
ErieNet Legal Resources Gateway
http://moose.erie.net/~lawweb
The World Wide Web Virtual Library: Law
http://www.law.indiana.edu/law/lawindex.html
LawLinks: The Internet Legal Resource Center
http://lawlinks.com/
AALLNET WEB
http://lawlib.wuacc.edu/aalnet/aall.txt.html
LERN - Legal Research network
http://www.witness.net/
First-Year Law Student Resources
http://www.pitt.edu/%7Esclst12/lawrcs.html
The ABA s LawLink (TM) Legal Research Jumpstation
http://www.abanet.org/image/home.conf?123,302
14. Legal Publications.
U.S. Law Week: The Supreme Court
http://www.bna.com/supreme.html
The National Law Journal
http://www.ljextra.com/nlj/
Law Journal Extra
http://www.ljx.com/
Journals and Periodicals
http://www.usc.edu/dept/law-lib/legallst/journals.html
Law-Related Internet Books and Newsletters
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http://www.abanet.org/lpm/magazine/booklist.html
West Publishing
http://www.westpub.com/
Shepard s/McGraw-Hill
http://www.shepards.com/
15. Legally-Relevant Associations & Organizations.
American Civil Liberties Union - ACLU
http://www.aclu.org
The American Federal Defender s Association Home Page
http://www.afda.org/
The Federal Judicial Center Home Page
http://www.fjc.gov/home2.html
National Criminal Justice Reference Service - NCJRS
http://www.ncjrs.org
Bureau of Justice Statistics
http://www.ojp.usdoj.gov/bjs/
16. Additional Resources.
Cecil Greek s Criminal Justice Page
http://www.fsu.edu/~crimdo/cj.html
Uniform Crime Reports
http://www.fbi.gov/usrpress.htm#highlights
Juvenile Justice Home Page
http://home.earthlink.net/~ehumes/homejuv.htm
Juvenile Justice
http://www.ncjrs.org/jjhome.htm
Great Source for Articles on Juvenile Delinquency
gopher://ericps.ed.uiuc.edu:70/
The ARC s Access to Justice Project: The Mentally Retarded and the CJ System
http://www.metronet.com/~thearc/ada/crim.html
14
17. Discussion Lists (E-Mail).
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or LISTSERV@UTEPVM.UTEP.EDU
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15
Psychology 534
Libkuman
Study Guide 1
(Chapter 1 - Introduction)
1.
What is the law? What is the linkage between psychology and the law?
2.
What is the legal system? What is its basic dilemma?
3.
Distinguish between procedure fairness and outcome fairness. What appears to be the most
important? Why?
4.
Provide a brief history of psychology and the law.
5.
Describe the experimental method. What are its advantages and disadvantages?
6.
Describe quasi experimental and archival methods of research.
7.
“It is a waste of time keeping up with research finding because the results keep changing.” Is this
statement a valid criticism? Why or why not?
8.
Briefly describe the two main features of legal research.
9.
Compare natural law and legal realism. What is stare decisis?
10.
Briefly describe the three primary sources of law.
11.
Compare adversarial and inquisitorial methodologies. What appears to be the best one?
Distinguish between process and decision control.
12.
Compare social and legal authority.
16
Psychology 534
Libkuman
Study Guide 2
(Chapter 2 - The Role of Procedure in the Legal System)
1.
Distinguish between substantive law and procedural law; and criminal and civil law.
2.
Define plaintiff, defendant, compensatory and punitive (exemplary) damages.
3.
Briefly summarize the supreme review of U.S. v. Sokolow. Why is procedural justice so
important?
4.
What types of protection does the Bill of Rights provide. Give some examples. What is due
process? What are its two parts?
5.
List and briefly describe the three assumptions of the procedural model.
6.
What is the Rawls test?
7.
Briefly describe the decision processes of naming, blaming, and claiming when one seeks redress.
8.
Compare civil and criminal approaches to redress. Include some of the more salient comparisons
listed in table 2-1.
9.
Define the following terms:
Plea
Indictment
Information
Arraignment
Pleading
Depositions
Interrogatories
Complaint
Answer
Discovery
Motion
Arrest
Summons
10. Briefly describe the various steps in the trial procedure.
11. Briefly describe the post trial proceedings.
17
Psychology 534
Libkuman
Study Guide 3
(Chapter 3 - Victims, Defendants, and Judges)
1.
“Serious crime declined in the United States for four consecutive years through 1995” (p. 54). Is
this an accurate statement? Why are crimes not reported? Do you have any ideas?
2.
What is the cost of crime? Who pays for it?
3.
Briefly describe Rape Trauma Syndrome and the Rape Shield laws.
4.
Briefly describe the battered woman syndrome and the Stockholm syndrome. How can we
account for the latter?
5.
Briefly describe victim impact laws. What is the major issue?
6.
Describe the variables that influence the defendant’s status in the criminal justice system.
7.
What appears to be the major motive for rape? What are the variables that are related to selfreported sexual aggression?
8.
Describe judicial immunity. Are judges immune from criminal prosecution when they commit
crimes? What counterbalances judicial independence?
9.
“Who judges the judges” (p. 72)? Does it work? Is there any gender bias in court?
10.
Compare the training of U.S. Judges and English and French Judges. Describe the role of U.S.
Judges.
18
Psychology 534
Libkuman
Study Guide 4
(Chapter 4 - Police and Lawyer)
1.
Define probable cause
2.
Discuss the Florida v. Royer and City of Houston v. Hill cases within the context of arrest and
probable cause.
3.
Briefly describe police behavior with the mentally ill and domestic violence.
4.
Should we arrest individuals for spousal abuse?
5.
What are the major variables that characterize the police culture? What appears to be the
principle reason for these characteristics?
6.
When can police conduct a search?
7.
What are the issues concerning police interrogation and confessions?
8.
Describe the Socratic technique and the adversarial system.
9.
Briefly describe some of the tactics that lawyers use. What prevents the lawyer from lying and
cheating?
10.
Describe and discuss the merits of simulated trials and graphic evidence. Describe the lie factor.
19
Psychology 534
Libkuman
Study Guide 5
(Chapter 5 - Pretrial Issues)
1.
What is alternative Dispute Resolution (ADR)? What are the four stages that precede litigation?
2.
Why do people sue?
3.
Briefly describe the three aims of ADR. Is ADR economical?
4.
Describe mediation. What do the data suggest regarding its effectiveness?
5.
Describe binding arbitration, final offer arbitration, and nonbinding arbitration.
6.
Describe early neutral evaluation, summary jury trials, minitrials, rent-a-judge program and
Brooklyn Dispute Resolution Center (CBRC).
7.
What ADRs are preferred by disputants. Does ADR actually work?
8.
Define plea bargaining. Who has the advantage? What is the most important legal standard?
9.
If you were accused of a crime that you had committed, would you plea bargain? Why or why
not.
10.
Compare plea bargaining and civil negotiations.
11.
What does it mean to set bail. What variables are most important regarding setting bail?
12.
Discuss the issue of Prejudicial Pretrial Publicity (PTP). Include in your discussion the legal
issues, the research findings and the possible remedies.
20
Psychology 534
Libkuman
Study Guide 6
(Chapter 6 - The Trial: Selection of a Jury,
Opening Acts, and Rules of Evidence)
1. Briefly, summarize the major historical aspects of the jury.
2. Define the following terms:
venire
prima facie
comparative disparity
voir dire
absolute disparity
key man method
3. Briefly describe the steps in the juror recruitment process. Does it work?
4. Describe the two purposes of voir dire. Briefly describe the social science evidence and jury
selection. Are the data sufficient to hire trial consultants? Is so, what services appear to be the
most effective?
5. What constitutes a fair jury? What is the contemporary status of peremptory challenges? Does voir
dire reduce jury bias? How can voir dire be improved?
6. What is the purpose and order of opening statements? Do opening statements influence trial
outcomes? If you were a defense attorney, when would you present your opening statement?
7. Describe the five reasons for the Federal Rules of Evidence (FRE).
8. What constitutes admissible evidence? What is inadmissible? What do jurors use?
21
Psychology 534
Libkuman
Study Guide 7
(Chapter 7 - The Eyewitness - up to page 191)
1.
Briefly describe the Beck Case. Should we believe eyewitnesses?
2.
Briefly, describe the processes of encoding, storage and retrieval.
3.
List and describe the factors affecting eyewitness perception.
4.
List and briefly describe the factors affecting eyewitness memory. Include in your description the
competing theories of memory for the misinformation effect.
5.
What is a repressed memory? Are repressed memories illusory or valid. Present the opposing
views and data regarding this issue. What is your conclusion? (Note: if this question is on the
exam, it will take about a page to answer and therefore will be worth double the credit).
6.
Briefly describe hypnotic refreshed memories. What are the issues?
7.
Briefly describe the cognitive interview. Describe the general memory strategies as well as the
other specific mnemonic devices that are a part of the cognitive interview. Is the cognitive
interview effective?
22
Psychology 534
Libkuman
Study Guide 8
(Chapter 7 - The Eyewitness - starting on the bottom of page 191)
1.
How would you construct a valid lineup? Include in your discussion the selection of foils, lineup
size, target present and absent line-up, line-up vs show-up and simultaneous and sequential
lineups. (This is another question that will take a page to answer)
2.
Discuss the relationship between the eye (also ear) witness and the jury. Include in your
discussion the impact of eyewitness testimony on the jury, the relationship between confidence
and accuracy, and the importance of eyewitness testimony relative to other types of evidence.
(This is another question that will take a page to answer).
Psychology 534
Libkuman
23
Study Guide 9
(Chapter 8 - The Child Witness and Expert Testimony
up to page 222)
1.
What are the two major concerns about child eyewitnesses. What is the supreme court’s position
concerning child eyewitnesses?
2.
Briefly describe the two characteristics of attention that are important to examine developmentally.
What do the data suggest regarding these processes and the ability of children as eyewitnesses?
3.
Briefly describe episodic memory. Summarize the findings concerning children’s memory for
Events.
4.
What is suggestibility? Summarize the literature regarding suggestibility in children and adults.
5.
Should props be used when questioning children? Present the evidence regarding this issue.
What is your conclusion?
6.
Should jurors believe in the testimony of children? Present the evidence. What is your
conclusion.
Psychology 534
Libkuman
24
Study Guide 10
(Chapter 10 - The Child Witness and Expert Testimony
beginning on page 223)
1.
Distinguish system variables from estimator variables. According to Wells, why are the system
variables more important than estimator variables for eyewitness accuracy?
2.
Does expert testimony about the basic abilities and sexual abuse of children influence jury
outcomes? Briefly present the findings and draw a conclusion concerning whether expert
witnesses are sources of information or influence.
3.
Briefly compare the Frye test and Daubert.
4.
Briefly describe the possible influences that Daubert will have or does have on the legal system.
5.
What role will the social science experts play in the courts?
Psychology 534
Libkuman
25
Study Guide 11
(Chapter 9 - The Presentation of Scientific Evidence)
1.
Describe the two methods for analyzing DNA samples.
2.
What is the status of DNA testing?
3.
Briefly describe the theory and technique of the polygraph.
4.
List and describe CQT, GKT, GAT and ERPS.
5.
What are the legal implications and status of the polygraph? How would beat the polygraph?
6.
Briefly describe the two levels of statistical presentation. Should probabilistic data be presented
in court? Summarize the literature and present your view.
7.
Briefly describe the two issues of determining competency. What happens to a defendant who is
judged to be incompetent? Why do defendants have to be competent to stand trial?
8.
Briefly describe Bonnie’s two types of competence in criminal cases
9.
Why do we have an insanity defense? Have you ever had non compos mentis, fanaticus or
furiosus? or are you always mens rea?
10.
Briefly describe the Hadfield case and the M’Naghten case, the irresistible impulse formulation,
and the ALI standard.
11.
Why does the public believe that psychiatry is not very good at diagnosing mental illness?
12.
Describe the guilty but mentally ill (GBMI) plea.
13.
What needs to be met in order to involuntarily commit someone? What appears to be the
principle focus for the forensic psychologist and can they accomplish this task? Why is the
unreliability of predictions more influential in capital cases?
14.
What are the latest trends in assessing predictions?
Psychology 534
Libkuman
26
Study Guide 12
(Chapter 10 - The Jury’s Decision)
1.
What is the purpose of judges instructing juries? When are these instructions provided? When
should they be presented?
2.
Compare reasonable doubt and preponderance of evidence. How do jurors respond to
instructions? Do admonitions or limiting instructions play a role in the jurors decision making?
3.
How can we help the juror understand instructions?
4.
Compare the story model and the meter model of juror decision making.
5.
Briefly discuss the authoritarian personality and the processing of evidence. Also, compare the
following two models of reasoning: satisficers and theory evidence coordination mode.
6.
What size should the jury be? What is a decision rule? What role does it play in decision
making?
7.
Describe the major characteristics that occur during jury deliberations. What are some of the
variables that may influence jury deliberations?
8.
Briefly describe the legal issues involved in capital punishment.
9.
What is the death qualification? What is a scrupled juror? What are the Witherspoon
excludables (Wes). What does the data suggest regarding death qualifiable jurors. What kind of
person is more likely to favor the death penalty. What has the court said about death qualification
(Lockhart v. McCree (1986)?
10.
What are the data concerning instructions to the jury in capital cases.
11.
What type of person is more likely to receive the death penalty?
Psychology 534
Libkuman
27
Study Guide 13
(Chapter 11 - Judges, Juries, and Justice)
1. Briefly describe the sentencing reform act of 1984. What is its purpose? How does it work?
What do the judges think of these guidelines? What have been some of the effects (unintended or
otherwise) of these guidelines? Finally, what role can the psychologist play in sentencing?
2. What are the two purposes (minds) of a jury? Why do juries ignore the law? Include in your
discussion, the Robinson and Darley and the Finkel studies.
3. Legally, when can a jury nullify? What are the consequences of informing the jury about
nullification? The authors of your text present a particular view of jury nullification. Describe this
view. Is it realistic? Was the O.J. trial an example of nullification? In the recent case in which
Kevorkian was convicted of murder, what should he have done to reduce the chance of being
convicted?
4. According to the Seventh Amendment, what is the role of the civil jury? What is tort law? List and
describe the purposes of tort law.
5. Historically, what made commerce more favorable relative to workers? Briefly describe the
following: strict liability rule, contributory negligence rule and comparative negligence rule.
6. Define the following terms:
summary judgment
bench trial
remittitur
additur
ad damnun
contingency fee
7. If you were a plaintiff in a civil case and you won, who would want to determine the award; a jury
or a judge (or arbitrator)? Why?
8. Is there much merit to the notion that there are “runaway juries” and “litigation explosion” in the
courts? Do juries consider the depth of one’s pockets in determining awards?
9. Summarize the ways in which we can improve and empower the jury. Include your own view.
10. Briefly discuss some of the ideas for major changes in the justice system. What would you do?
Psychology 534
Libkuman
28
Study Guide 14
(Chapter 12 - Use of Social Science in the Legal System)
1.
Summarize (in about 2 pages of writing) the McCleskey v. Kemp case including the basic facts of
the case, the statistical arguments, the appeal, and the final view of the Supreme Court. Within
the context of this case, discuss the role of social science, judicial competence and goodness of
fit.
2.
Briefly describe the seven hypotheses concerning the use of social science in the legal system.
Also include in your answer any hypotheses you may have developed about social science and
the legal system.