The Jury Under Fire reviews a number of controversial beliefs about juries that have persisted in recent years as well as the implications of these views for jury reform efforts. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques the myth, and then uses social science research findings to suggest appropriate reforms.
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
Though widely regarded as a founder of the modern field of psychology and law, German-American psychologist Hugo Münsterberg's now century-old ideas and research approaches continue to thrive. In fact, the discipline still grapples with many of the issues raised by Münsterberg in his seminal 1908 book, On the Witness Stand.Hugo Münsterberg's Psychology and Law makes Münsterberg's enduring insights available to a new generation of scholars, presenting the "state of the science" on the concepts that Münsterberg was one of the first to investigate. These include eyewitness memory, deception detection, false confessions, and the causes of criminal behavior. Opening with a brief biography of Münsterberg and a historical overview of the field, the book's organization follows that of On the Witness Stand, with each chapter providing a summary of Münsterberg's work followed by a contemporary perspective on the topic. Chapters challenge readers to consider what we have learned since Münsterberg's time and whether subsequent research has shown him to be right or wrong. The final chapter asks what Münsterberg may have missed, and what we may be missing today. This volume will be of interest to a broad range of scholars, practitioners, and professionals in the legal and mental health fields.
Misconceptions about memory phenomena often go hand-in-hand with popular misrepresentations of its function in media. In Popular Myths about Memory, Brian H. Bornstein examines how the representation of memory in novels, movies, and television shows often clashes with scientific research. Bornstein discusses the consequences of these myths on the popular understanding of memory and its functions. Depictions of amnesia, eyewitness accounts, and superior memory are just a few of the processes explored and debunked. This book is recommended for scholars interested in psychology, media and film studies, literary studies, and communication studies.
Misconceptions about memory phenomena often go hand-in-hand with popular misrepresentations of its function in media. In Popular Myths about Memory, Brian H. Bornstein examines how the representation of memory in novels, movies, and television shows often clashes with scientific research. Bornstein discusses the consequences of these myths on the popular understanding of memory and its functions. Depictions of amnesia, eyewitness accounts, and superior memory are just a few of the processes explored and debunked. This book is recommended for scholars interested in psychology, media and film studies, literary studies, and communication studies.
Beliefs and expectancies influence our everyday thoughts, feelings, and actions. These attributes make a closer examination of beliefs and expectancies worthwhile in any context, but particularly so within the high-stakes arena of the legal system. Whether the decision maker is a police officer assessing the truthfulness of an alibi, a juror evaluating the accuracy of an eyewitness identification, an attorney arguing a case involving a juvenile offender, or a judge deciding whether to terminate parental rights--these decisions matter and without doubt are influenced by beliefs and expectancies. This volume is comprised of research on beliefs and expectancies regarding alibis, children's behaviour while testifying, eyewitness testimony, confessions, sexual assault victims, judges' decisions in child protection cases, and attorneys' beliefs about jurors' perceptions of juvenile offender culpability. Areas for future research are identified, and readers are encouraged to discover new ways that beliefs and expectancies operate in the legal system. This book was originally published as a special issue of Psychology, Crime & Law.
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