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SOCIAL PSYCHOLOGY IN COURT

NCJ Number
58752
Author(s)
M J SAKS; R HASTLE
Date Published
1978
Length
254 pages
Annotation
RELEVANT PSYCHOLOGICAL RESEARCH AND THEORY ARE REVIEWED AND APPLIED TO THE TRIAL JUDGE, JURY, LAWYERS, AND DEFENDANTS WITHIN THE CONTEXT OF A TRIAL.
Abstract
ESSENTIAL BACKGROUND INFORMATION IS PROVIDED ON SOCIAL SCIENCE RESEARCH METHODS AND THE UNITED STATES CRIMINAL AND CIVIL JUSTICE SYSTEMS. FROM A PSYCHOLOGICAL PERSPECTIVE, INDIVIDUAL DIFFERENCES AMONG JUDGES ARE CONSIDERED, ALONG WITH THE BAIL-SETTING PROCESS, THE JUDGE'S COMMUNICATIONS WITH THE JURY, AND SENTENCING POLICIES. SOCIOLOGICAL PRINCIPLES RELEVANT TO JURY COMPOSITION AND THEIR EFFECTS ON JURY BEHAVIOR ARE ANALYZED ALONG WITH JURY SELECTION. RESEARCH PERTINENT TO THE PHYSICAL AND SOCIAL ORGANIZATION OF THE JURY IS DESCRIBED. THE GROUP DECISIONMAKING PROCESS IS ANALYZED TO DETERMINE ITS EFFECT ON THE OUTCOME OF JURY DELIBERATION. IN SCRUTINIZING LAWYERS AND THEIR TRIAL WORK, ATTITUDE CHANGE, PLEA BARGAINING AND NEGOTIATION FOR SETTLEMENTS, AND SOCIAL CONTROL OF WITNESSES ARE DISCUSSED. METHODS FOR DETERMINING THE STATE OF MIND OF THE PERPETRATOR OF A CRIME, AND THE INFLUENCE OF THE DEFENDANT'S APPEARANCE, DEMEANOR, AND PRIOR CRIMINAL RECORD ON THE JUDGE AND JURY ARE ALSO EXPLORED. THE FOLLOWING TOPICS ARE STUDIED: PRINCIPLES OF PERSUASION AND ATTITUDE CHANGE THAT APPLY TO WITNESS CREDIBILITY, MODERN TECHNIQUES OF LIE DETECTION, THE PSYCHOLOGY OF EYEWITNESS CREDIBILITY, AND RESEARCH INTO THE EFFECTS OF SENSATIONAL PRETRIAL PUBLICITY ON JURY DELIBERATION. THE COURT SYSTEM IS PORTRAYED AND EXAMINED AS A SUBSYSTEM OF SOCIETY THAT ADAPTS TO AND IS SHAPED BY OTHER PARTS OF THE LEGAL STRUCTURE AND BY SOCIETY. THE PRESENTATION'S PURPOSE IS TO LAY A GROUNDWORK FOR LEGAL POLICY REFORM AND IMPROVE THE PERFORMANCE OF JUDGES, ATTORNEYS, AND LITIGANTS IN THE CONTEXT OF A TRIAL. THE TEXT IS RECOMMENDED FOR LEGAL PRACTITIONERS WHO WISH TO EXPLORE THE BEHAVIORAL DYNAMICS OF TRIAL PARTICIPANTS AND FOR BEHAVIORAL SCIENTISTS INTERESTED IN THE APPLICATIONS OF THEIR KNOWLEDGE. REFERENCES AND AN INDEX ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)

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