Title: |
Handbook of Psychology and Law
|
Editors: |
Dorothy K. Kagehiro and William S. Laufer |
Publisher: |
Springer-Verlag, © 1992 |
Springer-Verlag
175 Fifth Avenue
New York, NY 10010
(800) 777-4643
$89.00
Description:
The editors have assembled 29 chapters provided by 53 contributors. They are to
be congratulated for successfully combining the efforts of so many to produce a
highly readable and informative volume. This book has a higher level of
readability and clear writing than most edited productions. Whether this high
level of quality is attained by a careful selection process of the contributors
or by a massive editing job is not clear but when a superior product like this
one is produced, it would be good for others thinking about similar projects to
know how it came about.
The book has 10 parts with varying numbers of chapters and two indexes in 628
pages. References are at the end of each chapter. The 10 parts are organized by
familiar legal classifications, such as constitutional law, criminal law,
juvenile and family law, mental health law, discrimination law, and tort law. The other parts are organized around the legal process and include legal
procedure, evidence law, new areas of research, and professional issues.
An unusual area is covered in one chapter of Part 10, Professional Issues:
copyright law applied to scientific research data. An often overlooked reality
for scientists is the conflict between the overt value of sharing science and
scientific knowledge and data in open and honest fashion, and the ownership of
concepts, ideas, and data. In a highly competitive academic world and with the
shrinking research dollar being chased by more and more people and institutions,
this chapter alone could be worth the price of the book.
Discussion:
The editors aim at two audiences: lawyers and jurists on one hand, and
psychologists on the other,
with the intent to educate both groups on what the other is doing. Legal
professionals are given information on the kind of research psychologists do on
legal issues and professional psychologists are told about the legal questions
to which their research applies. As a psychologist, the descriptions of the
legal issues to which psychological research may be applicable in each instance
appear to be cogent, accurate, and succinct. The contributors are not afraid to
take a stand and communicate to each of the audiences the problems the one finds
in the work and methods of the other. The questions and problems the
psychologist has for the lawyers are also well delineated but occasionally
appear to reflect the view that jurisprudence needs to be handled tenderly and
not confronted openly with some of the more egregious traditional and persistent
erroneous assumptions of the law.
Some of the time-honored "fireside inductions" (Meehl, 1989) of the law continue
to push legal scholarship into ever more convoluted twists and turns, trying to
accommodate error in a system supposedly searching for truth. An example is the
assumption that dying statements are more reliable than other kinds of
statements. Psychological research can provide data useful to jurisprudence to
correct some of these sources of error.
This book takes a strong position that accuracy of the process is a fundamental
value of the law. It could do more to improve the accuracy of the decision
making process by a somewhat more aggressive statement of credible data that are
known in the science of psychology. The chapter by Koehler which examines the
issue of probability evidence in the courtroom is an example of what could be
done. Koehler provides an excellent summary and response to the legal scholar's
criticisms of Bayesian inference as evidence in the courtroom. The conclusion is
that the accuracy of the system would be benefited by using Bayesian theory in
the courtroom.
On the other hand, Saks's chapter on the role of an expert witness in the court
system allows only for the role of impartial educator. This is not very helpful
because we are not likely to abandon the adversary system. Saks would have
assisted the two professions more by including at least as a possibility
Diamond's concept of the honest but adversarial expert as a solution to the
conflicts of roles.
The information presented throughout the book is useful for both psychologists
and lawyers. It should
serve as a reference work for both professional groups to mutually strengthen
each other. An attorney who uses mental health professionals as expert witnesses
should carefully study this book and the psychologist who wants to be in that
arena should know it well.
References
Meehl, P. E. (1989). Law and the fireside inductions (with postscript):
some reflections of a clinical psychologist. Behavioral Sciences & the
Law, 7(4), 521-550.
Reviewed by Ralph Underwager, Institute for Psychological Therapies,
Northfield, Minnesota.