The Cambridge Handbook of Psychology and Legal Decision-Making

Legal Profession

The Cambridge Handbook of Psychology and Legal Decision-Making

Edited by Monica K. Miller · Logan A. Yelderman · Matthew T. Huss · Jason A. Cantone
Cambridge University Press February 2024

Specifications

ISBN-13
9781009108546
Publisher
Cambridge University Press
Publication
February 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Presenting state-of-the-art research, this Handbook summarises emerging and establishing topics in the area of legal decision-making. Interdisciplinary in its approach, it covers decisions made within the criminal justice system, the trial process, and clinical settings. Chapters, written by accomplished academics and experts in the field, synthesize historical context, identify gaps in existing literature, propose future directions of study, and discuss policy limitations. It also includes 'perspectives from the field' essays written by professionals – a judge, an attorney, a police officer, a trial consultant, and a probation officer – to bridge the gap between academic research and its application to the real world. It is intended as a go-to resource for students and researchers who want to immerse themselves in a body of scientific research to understand its history and shape its future.

  • Offers an overarching view on decision-making in the legal system
  • Includes 'perspective from the field' essays to encourage readers to think about how science is relevant to real world legal settings
  • Provides insight into future directions of legal decision-making research

Table of Contents

Part I. Introductions:
1. A modern approach to the psychology of legal decision making
2. 'I Hope the final judgment's fair': alternative jurisprudences, legal decision-making, and justice
3. Diversity and bias in legal decision making: broadening frameworks and addressing overlooked issues
4: Judicial decision-making

Part II. Pre-trial phase decision-making:
5. Victim decision-making
6. Bystanders' crime reporting decisions
7. Pre-Trial publicity's effects on jurors' and judges' decision
8. Police decisions involved in collecting eyewitness identification evidence
9. Decisions related to miranda rights
10. Judges' daubert decisions
11. The psychology of confession decision making during police Interrogation
12. Plea bargaining: understanding the decision-making processes of plea negotiation
13. Forensic science decision-making: expertise lends both skills and vulnerabilities
14. Decision-making by forensic mental health evaluators
15. Interviewing suspects in criminal investigations: decisions and their consequences
16: Prosecutorial decision-making in cases of child sexual abuse: lessons from Australia
17. Decision-Making about restoration of defendants who are incompetent to stand trial
18. Clinical decision-making regarding criminal responsibility
19. Decision-Making regarding child victims and witnesses

Part III. Trial phase decision-making:
20. Social cognition of jury decision-making
21. Beliefs about juror decision-making and the jury process
22. Deciphering directives: juror decision-making challenges with understanding judicial instructions
23. Decisions surrounding the use of expert testimony
24. Legal and extra-legal factors that affect jurors' decisions
25. Decisions regarding insanity
26. Decision making in the shadow of evidence law
27. Decision-making in contested divorce child custody cases

Part IV. Post-conviction phase decisions:
28. Amenability to treatment evaluations: understanding decision points and new information regarding assessment
29. Choosing between life and death: capital jury penalty phase decision-making
30. The communication of risk to legal decision-makers
31. Psychology of parole decision-making
32. Probation decision-making
33. Decision-making in violence risk assessment

Part V. Other legal decision-making:
34. Decision making in immigration court
35. Evaluation decisions by psychologists about causation and damages in personal injury and employment discrimination cases: a pragmatic five-stage model for courts
36. Factors influencing the decision to commit white collar crime: integrating affluenza with established risks
37. Tort law decision-making: psychological and legal perspectives
38. Judicial decision-making in juvenile dependency and juvenile justice cases
39. Legislative decision making
40. Decision-Making in alternative dispute resolution
41. Criminal decision-making
42. Social worker decision-making: a framework for legally literate accountable practice
43. Decision-Making in civil matters: the role of substituted judgment

Part VI. Perspectives from the field:
44. Culturally competent perspectives and a legally literate practice promote quality decisions in social work
45. Making probation decisions in the real world
46. Justice for all: reflections as a clinician at the intersections
47. Police officer decisions in interrogations and investigations
48. Restoration: the sequel to incompetency to stand trial
49. To tell or not to tell
is that the question?: victim decision-making
50. Diversity in legal decision-making

Conclusion:
51. Conclusions from the field of legal decision-making
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