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Psychology and the Law
Chapter 2The Legal System: Issues, Structures &
Players
Chapter Outline
• The Adversarial System• Distributive and Procedural Justice• Courts• Problem-Solving Courts• Alternative Dispute Resolution• Judges• How Do Judges Decide?• Lawyers• Expert Witnesses and Daubert• Amicus Curia Brief
The Adversarial System
• The Adversarial System
American trial procedure
exhibits, evidence and witnesses introduced by both sides
purpose: convince fact finder of their point of view
judge rarely calls or introduces evidence
judges rarely ask questions of the witness
The Adversarial System
• Versus the Inquisitorial System
used on the continent of Europe (not Great Britain); Asia
two sides do not have separate witnesses
witnesses testify for the court
opposing parties are not allowed to prepare the witnesses before the trial
Distributive and Procedural Justice
• beginning of Socrates’ Republic—what is justice?
• definitions of justice has changed throughout history
revenge
fairness
punishment
correction
• distributive versus procedural justice
Distributive and Procedural Justice
• distributive justice models
perceived fairness
distribution of rewards and benefits among community members
e.g., fair relationship between employee contributions and rewards
Distributive and Procedural Justice
• procedural justice models
perceived fairness
procedures and rules
e.g., Miranda Rights
Courts
• jurisdiction over cases arising under the Constitution or laws of the United States
• typically do not have jurisdiction over cases arising under state law (unless the plaintiff and defendant are from different states)
Courts
U.S. Supreme Court
U.S. Federal Court of
Appeals (13 Courts)
U.S. Federal District Court (94 Courts)
Highest State Court of Appeals
State AppealsCourt
Local TrialCourt
Court of International
Trade
Court of Claims
Court of Military Appeals
Courts
• Federal Courts: Supreme Court
highest court in the federal system
nine justices
meet in Washington, D. C.
appeal jurisdiction through certiorari process
limited original jurisdiction over some cases
Courts
• Federal Courts: Courts of Appeal
intermediate level in the federal system
strictly appellate
13 federal courts of appeal; divided into geographic “circuits”
1 circuit for D.C.
1 federal circuit for appeals from federal agencies (Federal Circuit)
11 for the rest of the country
3 judge panel; majority vote wins
Courts
Courts
• Federal Courts: District (Trial) Courts
lowest level in the federal system
94 in 50 states and territories
at least 1 district court in every state
no appellate jurisdiction
original jurisdiction over most cases
number of judges per district varies
Problem-Solving Courts
• combine the justice system with treatment-oriented principles
• tries to address underlying causes of antisocial behavior
• therapeutic jurisprudence
Problem-Solving Courts
• drug courts
• mental health courts
• homeless courts
• domestic violence courts
Problem-Solving Courts
• before Juvenile Courts
children under the age of 7
children between age 7 and 14
• Juvenile Courts
develop in the late 19th Century
children needed to be corrected
juvenile system seems to be less revered today
Alternative Dispute Resolution
• Alternative Dispute Resolution
use of a third person(s) to help resolve an issue or controversy
cases are settled through negotiation (i.e., formal or informal)
3 major types of alternative dispute resolution
arbitrary
summary jury trial
mediation
Alternative Dispute Resolution
• Arbitration
binding
looks like a trial
parties agree to this; they are bound the decision of an arbitrator
speedy, flexible, informal
court-ordered arbitration—non binding
if one party is dissatisfied with decision, the case can be tried
Alternative Dispute Resolution
• Summary Jury Trial
variation on court-ordered arbitration
similar to a traditional jury trial
jury is assembled
lawyers argue the case without witnesses
the judge explains the law
the jury deliberates and decides the case
Alternative Dispute Resolution
• Mediation
use of neutral person
work with litigants and lawyers to achieve a settlement
3 types
shuttle diplomacy
evaluative mediation
non-evaluative mediation
Supreme Court Judges
• traditionally White males
• changed post Clinton years
• first Hispanic/Latino Supreme Court judge 2009
• judges appointed by the President
• confirmed by the Senate
• serve for life unless impeached or resign
Chief Justice: John Roberts
Supreme Court Judges
Samuel Alito
Supreme Court Judges
Ruth Bader Gingsburg
Supreme Court Judges
Stephen Breyer
Supreme Court Judges
Elena Kagan
Supreme Court Judges
Anthony Kennedy
Supreme Court Judges
Antonin Scalia
Supreme Court Judges
Sonia Sotomayor
Supreme Court Judges
Clarence Thomas
Supreme Court Judges
State Judges
• selected in a variety of ways
partisan election
non-partisan election
appointment with retention election
State Judges
• selected in a variety of ways
partisan election
non-partisan election
appointment with retention election
How Do Judges Decide?
• 2 processes
intuitive processes: spontaneous
deliberative processes: require mental effort
judges appear to use this process more
Try the Cognitive Reflection Test
Lawyers
• federal prosecutors: U.S. Attorneys; appointed by president
• head city/county prosecutors: States’ Attorney; elected
• public defenders: most work for the government; some high profile firms must take on pro bono cases
Expert Witnesses and Daubert
• Rule 702 of Federal Rules of Evidence: legal standard for permitting expert testimony in federal cases--Daubert
• judges: gatekeepers for scientific testimony/ research and statistics
• 4 criteria for testability (or falsifiability)
peer-review
can the theory/technique be proven false through data collection
rate of error
conclusions generally accepted by scientific community
Expert Witnesses and Daubert
• Daubert trilogy
Daubert v. Merrell Dow Pharmaceuticals, Inc (1993)
General Electric Co v. Joiner (1997)
Kumho Tire Ltd. v. Carmichael (1999)
• expanded the gatekeeping role of trial judges
more discretion to exclude testimony
all expert opinion, not just scientific
Amicus Curiae Brief
• friend of the court; tool to educate judges
• written by team of researchers; reviewed by professional organization
• goal: summarize relevant body of research and clarify findings
jury size
gay rights
school integration
child witnesses