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The Roots of Modern Psychology and Law: A Narrative History PDF

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The Roots of Modern Psychology and Law The Roots of Modern Psychology and Law A Narrative History EDITED BY THOMAS GRISSO AND STANLEY L. BRODSKY 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2018 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. CIP data is on file at the Library of Congress ISBN 978– 0– 19– 068870– 7 9 8 7 6 5 4 3 2 1 Printed by WebCom, Inc., Canada CONTENTS CONTRIBUTORS VII EDITORS’ PROLOGUE XIII Stanley L. Brodsky and Thomas Grisso 1.  The Evolution of Psychology and Law 1 Thomas Grisso SECTION I Psychological Science and Law 29 2.  Eyewitness Testimony: An Eyewitness Report 31 Elizabeth F. Loftus 3.  Applying Social Psychology to Law and the Legal Process 44 Michael J. Saks 4.  Jury Research 61 Shari Seidman Diamond 5.  Mental Health Law and the Seeds of Therapeutic Jurisprudence 78 David B. Wexler 6.  Mental Disability, Criminal Responsibility, and Civil Commitment 94 Stephen J. Morse 7.  Framing, Institutionalizing, and Nurturing Research in Psychology and Law 109 Bruce D. Sales vi Contents SECTION II Assessment, Interventions, and Practice in Legal Contexts 125 8.  Forensic Mental Health Services and Competence to Stand Trial 127 Ronald Roesch 9.  Predictions of Violence 143 John Monahan 10.  Developmental Psycholegal Capacities 158 Thomas Grisso 11.  Correctional Psychology 178 Stanley L. Brodsky 12.  The Founding and Early Years of the American Board of Forensic Psychology 195 Florence W. Kaslow 13.  Community Psychology, Public Policy, and Children 207 N. Dickon Reppucci EDITORS’ EPILOGUE 223 Thomas Grisso and Stanley L. Brodsky INDEX 227 CONTRIBUTORS Stanley L. Brodsky, PhD, is professor emeritus and scholar- in- residence at the University of Alabama, where he was a faculty member from 1972 to 2016. He previously was chief psychologist at the U.S. Disciplinary Barracks, Fort Leavenworth, Kansas, and was with the Center for the Study of Crime, Delinquency, and Corrections at Southern Illinois University, Carbondale. He was a founding member of the American Psychology– Law Society and has received the awards for Outstanding Achievement from the American Psychology– Law Society and the American Association of Correctional Psychologists. He is the editor or author of 15 books and over 250 articles, mostly in the area of psychology applied to the law. Shari Seidman Diamond, PhD, JD, is Howard J. Trienens Professor of Law and Professor of Psychology at Northwestern University, where she heads the JD/ PhD program, and a research professor at the American Bar Foundation. She was president of the American Psychology– Law Society (1987– 1988), editor of the Law & Society Review (1988– 1991), and co-p resident of the Society for Empirical Legal Studies (2010– 2011). She received the American Psychological Association’s award for Distinguished Contributions to Research in Public Policy (1991) and the Law and Society Association’s Harry Kalven Jr. award for Empirical Scholarship That Has Contributed Most Effectively to the Advancement of Research in Law and Society (2010). She was elected to the American Academy of Arts and Sciences (2012). viii Contributors Thomas Grisso, PhD, is emeritus professor of psychiatry (clinical psychol- ogy) at the University of Massachusetts Medical School. Other primary academic appointments during his career included Ashland University (1969– 1974) and Saint Louis University (1975– 1987). He was president of the American Psychology– Law Society in 1990 and executive director of the American Board of Forensic Psychology from 2003 to 2017. He received the American Psychology– Law Society’s award for Outstanding Contributions to Psychology and Law (2012), American Psychological Association awards for Distinguished Contributions to Research in Public Policy (1994) and Contributions to Applied Research (2014), the American Psychiatric Association’s Isaac Ray Award (2005), and is an elected Fellow of the Royal College of Psychiatrists (UK). Florence W. Kaslow, PhD, is Distinguished Visiting Professor of Psychology at Florida Institute of Technology, Melbourne, Florida. Prior academic appointments include adjunct professor of medical psychology, Duke University Medical Center (1982–2 004), and professor and co-d irec- tor of the PsyD/J D program at Hahnemann Medical College and Villanova Law School (1973– 1980). She was the founding and first president of the American Board of Forensic Psychology and American Academy of Forensic Psychology and is a recipient of many awards from American Psychological Association, American Psychological Foundation, and American Board of Professional Psychology. She is board certified in forensic, clinical, and couple and family psychology. Elizabeth F. Loftus, PhD, is distinguished professor at the University of California– Irvine. She holds faculty positions in two departments: psy- chology and social behavior and criminology, law, and society. She received her PhD in psychology from Stanford University and was for- merly on faculty at University of Washington. She has published 22 books, including the award-w inning Eyewitness Testimony (5th ed. LexisNexis, 2013), and over 500 scientific articles. Loftus’s research of the last 40 years has focused on the malleability of human memory. She has been recog- nized for this research with seven honorary doctorates and election to the Royal Society of Edinburgh, the American Philosophical Society, and the Contributors ix National Academy of Sciences. She is past president of the Association for Psychological Science, the Western Psychological Association, and the American Psychology– Law Society John Monahan, PhD, is the John Shannon Distinguished Professor of Law at the University of Virginia, where he is also a professor of psychology and of psychiatry. He was on the faculty at the University of California–I rvine, from 1972 to 1980. He was the president of the American Psychology- Law Society (1978) and the founding president of the American Psychological Association’s Division of Psychology and Law (1981) receiving that organi- zation’s Distinguished Contribution to Research in Public Policy Award. He also twice received the American Psychiatric Association’s Manfred Guttmacher (1982 and 2002) and Isaac Ray Awards (1996). He was elected a Fellow of the American Academy of Arts and Sciences in 2016. Stephen J. Morse, JD, PhD, is the Ferdinand Wakeman Hubbell Professor of Law and professor of psychology and law in psychiatry at the University of Pennsylvania since 1988. Previously he was the Orrin B. Evans Professor of Law, professor of psychology and of psychiatry and the behavioral sci- ences at the University of Southern California. He was president of the American Psychology–L aw Society (1981– 1982) and was president of Division 41/ American Psychology– Law Society (1986– 1987). He received the American Academy of Forensic Psychology’s Distinguished Contribution to Forensic Psychology Award (1989) and the Isaac Ray Award from the American Psychiatric Association (2014) for distin- guished contributions to forensic psychiatry and the psychiatric aspects of jurisprudence Nicholas Dickon Reppucci, PhD, is emeritus professor of psychology at the University of Virginia Psychology Department. He was a lecturer at Harvard University (1967–1 968), assistant and associate professor at Yale University (1968– 1976) and professor at University of Virginia (1976– 2017). He was president of Society for Community Research and Action (American Psychological Association’s Division of Community Psychology; 1987) and received its Award for Distinguished Scientific

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