Psychology

There is much controversy about the dangers of a free media when it comes to children and adolescents. Many believe that this constitutional right should be amended, altered, or revoked entirely in order to prevent the young from being negatively influenced. Graphic violence, sexual content, and the depiction of cigarette smoking have all come under fire as being unacceptable in media that is geared toward adolescents, from television and movies to magazines and advertising. Yet not much has been written about the developmental science behind these ideas, and what effects a free media really has on adolescents. This book presents a synthesis of all current knowledge about the developmental effects of a free media on adolescents. The author first presents a full analysis of research studies into the media's effects on adolescents in four key areas: sexuality, violence, smoking, and body image. All findings are assessed within the context of normal adolescent development. The author then discusses how this knowledge can be used to inform current standards for the regulation of free speech with regard to adolescents. Both legal restrictions and less formal regulatory bodies (schools, parent groups, etc.) are reviewed in order to present a full picture of the ways in which a free media is constrained to protect adolescents' development.

Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. This book is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The text draws upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of “alienation” and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The chapters review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed.

This book demonstrates how the forces of captivity and risk management dangerously co-habit justice at the self/society divide. This cohabitation is the power to harm (i.e., to reduce being and to repress becoming), for the kept and their keepers, for their managers and their watchers. This harm as “madness” occurs through interactive symbolic, linguistic, materially and cultural intensities. Overcoming these intensities or “conditions of control” for one and all necessitates the cultivation of transformative and dynamic habits of character. Embodying such citizenship makes the evolving praxis of social justice (as fair-minded and dignified, therapeutic and healing, restorative and communal) that much more possible. The theoretical, empirical, and policy dimensions of this thesis are examined by way of judicial decision-making that sustains captivity and risk management in three controversial total confinement contexts. These contexts include developmentally immature juveniles waived to the adult system and found competent to stand trial; psychiatrically disordered inmates placed in long-term disciplinary segregation where said isolation is not deemed cruel and unusual punishment; and formerly incarcerated sexually violent predators subjected to multiple forms of civil detention, re-entry surveillance, and communal inspection. The judicially endorsed harm that follows in each instance extends to victims, offenders, and the communities that bind both groups. The book concludes with a series of provocative, yet sensible, recommendations in theory development; methodology and future research; immediate and emergent praxis interventions; pedagogy and (continual) training; and institutional practice, programming, and policy. These reforms are relevant for the legal, psychiatric, clinical forensic, scholarly academic, bioethical, and human service/social welfare communities. Collectively, these change initiatives suggest several vibrant directions by which to activate captivity’s release, to re-evaluate the risk management thesis, and to experience character’s promise in our lives, in the lives of others, in mental health law, and in all expressions of dynamic human/social cohabitation.

The field of forensic psychology explores the intersection of psychology and the law. The purpose of this book is to examine topics in the field, using the powerful, multidisciplinary, conceptually integrated approach that the natural sciences have embraced for decades with great success. Darwin's theory of evolution by natural selection is the meta-theoretical framework that unifies the field of biology. It unites research with understanding of the development, control, and organization of behavior. The study of humans, which includes all of the social sciences, is part of the field of biology. Darwin's theory provides a powerful meta-theoretical framework that can unify and energize forensic psychology, just as it has the biological sciences. Evolutionary processes undoubtedly shaped physiological characteristics to help solve problems of survival and reproduction. The lungs, for example, with their vast surface area and moist membranes, are marvellous adaptations for extracting oxygen and releasing carbon dioxide. Natural selection is the only known process capable of shaping complex functional mechanisms. Just as it shaped physiological adaptations with specific problem-solving functions, it also shaped our thoughts and emotions to guide behaviors toward solving recurrent problems of survival and reproduction. With this logic, we can use knowledge of ancestral problems to guide our understanding of how the mind works. Evolutionary Forensic Psychology is a step toward a unified and complete understanding of psychology and the law. It recognizes that crimes such as murder, nonlethal violence, rape, and theft are manifestations of evolutionarily recurrent selection when they gave individuals an advantage in competition for resources. Each of the chapters that comprise this volume has been selected to provide a unified examination of research contributions and future directions of evolutionary forensic psychology.

This book provides a contemporary review of empirical and legal issues surrounding expert psychological testimony on eyewitness identification. The chapters address a variety of topics, including the scientific base underlying this form of expert testimony, the typical content and ethical issues regarding the testimony, admissibility decisions at the trial and appellate court levels, research on whether the testimony goes beyond common sense, agreement among experts about the underlying research, and the effects of expert testimony on juror decisions. Additional chapters raise limitations associated with expert testimony and question its appropriateness. These limitations include the shortcomings with respect to the underlying research and other issues associated with admissibility. Several chapters by experienced attorneys provide prosecution and defense perspectives on expert testimony.

The continuing development of forensic psychology and psychiatry, combined with several recent decisions from the United States Supreme Court addressing various aspects of the death penalty, has increased the number of forensic mental health assessments conducted in death penalty cases. Forensic mental health professionals are now conducting assessments at every stage of death penalty proceedings, ranging from pre-trial evaluations to determine eligibility for the death penalty to evaluations conducted post-sentencing closer to the date of the execution. Yet there are surprisingly few comprehensive resources for clinicians who conduct those assessments, students interested in learning about these assessments, and attorneys who work with forensic mental health professionals. This book provides relevant background on death penalty litigation and influential court cases, a discussion of key ethical considerations for clinicians who conduct assessments in death penalty cases, guidance on conducting various types of forensic mental health assessments in death penalty proceedings, and sample forensic reports illustrating best practices.

The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that the legal result of an insanity defense is unpredictable, and is determined not by the defendant's mental state, but by their lawyers' and psychologists' influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today.

Society is largely blind to the ongoing violations of international human rights law in the context of the institutional commitment and treatment of persons with mental disabilities. Notwithstanding a robust set of international law principles, standards, and doctrines, people with mental disabilities live in some of the harshest conditions that exist in any society. The recent ratification of the United Nations Convention on the Rights of Persons with Disabilities forces all nations to take seriously these issues, and the conditions that are faced on a daily basis by persons worldwide who are institutionalized because of mental disability. These conditions are the product of neglect, lack of legal protection against improper and abusive treatment, and, primarily social attitudes (“sanism” and “pretextuality”) that demean, trivialize, and ignore the humanity of persons with disabilities. This book draws attention to these issues, to shed light on a shame that governments continue to ignore, and to invigorate the debate on a social policy issue that remains “beneath the radar” for most of the world’s nations by examining the mistreatment of persons with mental disabilities around the world. This book “matters,” not simply to institutionalized persons and their families, but to all concerned citizens of the world. Governmental inaction (in some cases, through benign neglect; in others, because of malignant motives) demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations. These issues should matter to all citizens of the world who take human rights seriously, and who care about how we treat those who remain, in many nations, locked away in facilities that violate any concept of fundamental fairness in conditions that still shock the human conscience. They should matter to policymakers, to governmental officials, to mental health professionals, to human rights advocates and activists, and to scholars.

Over the past quarter century Congress, state legislatures, and the courts have radically reshaped America's laws dealing with sex offenders in an effort to reduce the prevalence of sex offenses. Most convicted sex offenders must now register with the authorities, who then make information about them available to the public. Possession of child pornography has been made an extremely serious crime often punishable by prison sentences that dwarf those meted out to child molesters, rapists, robbers, and even killers. Federal law now imposes a minimum sentence of ten years in prison for those convicted of using the internet to attempt to lure minors for sex. And the federal government and twenty states have “sexually violent predator” laws that allow the indefinite civil commitment of convicted sex offenders to secure institutions for treatment after they have served their full criminal sentences. All of these changes in sex offender law, as well as numerous others, have been based at least in part on input from psychology, psychiatry, and the social sciences. Moreover, enforcement and administration of many of these laws relies to a large extent on the efforts of mental health professionals. However, many questions about this involvement remain largely unanswered. Are these laws supported by empirical evidence, or even by well-reasoned psychological theories? Do these laws actually work? Are mental health professionals capable of reliably determining an offender's future behavior, and how best to manage it? Finally, are experts capable of providing effective treatment for sex offenders—i.e., treatment that actually reduces the likelihood that an identified sex offender will re-offend? This book poses these difficult questions and others that few in either law or psychology have asked, much less tried to answer. Drawing on research from across the social and behavioral sciences, it weighs the evidence for the spectrum of sex offense laws, to occasionally surprising results.