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Psychology's Influence on Constitutional Interpretation

NCJ Number
130675
Journal
Law and Human Behavior Volume: 15 Issue: 2 Dated: (April 1991) Pages: 205-211
Author(s)
T Grisso; M J Saks
Date Published
1991
Length
7 pages
Annotation
When the American Psychological Association (APA) files amicus briefs with the U.S. Supreme Court, it does so to promote several objectives: to advance the guild interests of psychology; to seek Court decisions that will contribute to the mental health and psychological well-being of the public; to augment psychology's general political influence; and to correct judicial misperceptions about human behavior.
Abstract
The authors suggest that amicus briefs submitted in support of the first three objectives, all of which seek to win the decision, are inappropriate and threaten the APA's ability to achieve the fourth, most significant objective. The provision of well-presented scientific data reduces the likelihood that judicial use of unsubstantiated opinions about human behavior will establish a legal precedent and forces the Court to explain the underlying normative grounds for its decisions. As a true friend of the Court, APA's role lies in providing empirical research and theory, not in interpreting the Constitution. 2 notes and 16 references (Author abstract modified)