The Psychology and Law of Criminal Justice Processes
Nova Publishers, 2006 - 723 sider
Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.
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Determining Defendants Guilt or Innocence
Bargaining with Defendants
Determining the Defendants Mental State and Capacity
Sentencing Defendants and Predicting Criminal Tendencies
Treating and Controlling Offenders
Terminating the Life of Criminals
Key Federal Constitutional Provisions
Understanding Case Law
General Categories of Criminal Homicide Murder and Manslaughter
Major Psychiatric Disorders
Part III Formulating Criminal Dispositions
accused actually admission Amendment Appeals apply approach arrest asked authority behavior believe cause challenge charged circumstances claim committed competency concern concluded condition conduct confession consent consider constitutional conviction counsel Court crime criminal dangerousness death decision defendant defendant's determine District doubt drugs due process effect established evaluate evidence examined example expert fact factors federal follow Fourth Amendment given guilty hearing held holding identification important individual insanity interest interrogation involved issue judge judgment jurors jury JUSTICE law enforcement less limited means medication mental noted offense officers opinion particular penalty person petitioner plea police predictions present prison probable procedures proceedings prosecution protection Psych psychological punishment question reasonable relevant reliability respondent result risk rule sentencing standard statement suggests suspect testified testimony trial understand verdict violation warrant witness
Side 470 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Side 284 - ... the defendant [is] oriented to time and place and [has] some recollection of events," but that the "test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding— and whether he has a rational as well as factual understanding of the proceedings against him.
Side 423 - ... to establish a defence on the ground of insanity, it must be clearly proved, that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Side 382 - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise...
Side 108 - Even so, they are not of the very essence of a scheme of ordered liberty. To abolish them is not to violate a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.
Side 205 - Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.
Side 73 - That in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense...
Side 94 - For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public may be constitutionally protected.