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Beyond Common Sense: Psychological Science in the Courtroom

Eugene Borgida (Editor), Susan T. Fiske (Editor)
ISBN: 978-0-470-69569-2
448 pages
April 2008, Wiley-Blackwell
Beyond Common Sense: Psychological Science in the Courtroom (0470695692) cover image
Beyond Common Sense addresses the many important and controversial issues that arise from the use of psychological and social science in the courtroom. Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances our understanding of human behavior beyond common sense.
  • Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe Ellsworth
  • The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty
  • Commentaries written by leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters and illustrate how psychological science is or can be used in the courts
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Notes on Contributors.

Foreword (Mahzarin R. Banaji).

Acknowledgments.

Introduction (Eugene Borgida and Susan T. Fiske).

Part I Psychological Science on Stereotyping, Prejudice, and Discrimination.

1 Race, Crime, and Antidiscrimination (R. Richard Banks, Jennifer L. Eberhardt, and Lee Ross).

2 Discrimination in America and Legal Strategies for Reducing It (Faye J. Crosby and John F. Dovidio).

3 The Young Science of Prejudice Against Older Adults: Established Answers and Open Questions About Ageism (Todd D. Nelson).

4 Gender Prejudice: On the Risks of Occupying Incongruent Roles (Alice H. Eagly and Anne M. Koenig).

5 From the Laboratory to the Bench: Gender Stereotyping Research in the Courtroom (Laurie A. Rudman, Peter Glick, and Julie E. Phelan).

6 (Un)common Knowledge: The Legal Viability of Sexual Harassment Research (Louise F. Fitzgerald and Linda L. Collinsworth).

7 Subjectivity in the Appraisal Process: A Facilitator of Gender Bias in Work Settings (Madeline E. Heilman and Michelle C. Haynes).

Part II Psychological Science on Legal System Processes.

8 Eyewitness Identifi cation: Issues in Common Knowledge and Generalization (Gary L. Wells and Lisa E. Hasel).

9 Repressed and Recovered Memory (Elizabeth F. Loftus, Maryanne Garry, and Harlene Hayne).

10 Expert Testimony on the Psychology of Confessions: A Pyramidal Framework of the Relevant Science (Saul M. Kassin).

11 Polygraph Testing (William G. Iacono).

12 Social Science and the Evolving Standards of Death Penalty Law (Phoebe C. Ellsworth and Samuel R. Gross).

13 Pretrial Publicity: Effects, Remedies, and Judicial Knowledge (Margaret Bull Kovera and Sarah M. Greathouse).

14 Media Violence, Aggression, and Public Policy (Craig A. Anderson and Douglas A. Gentile).

Part III Commentaries.

15 The Limits of Science in the Courtroom (David L. Faigman).

16 Research on Eyewitness Testimony and False Confessions (Margaret A. Berger).

17 Commentary on Research Relevant to Sex Discrimination and Sexual Harassment (Barbara A. Gutek).

18 The Tenuous Bridge Between Research and Reality: The Importance of Research Design in Inferences Regarding Work Behavior (Frank J. Landy).

19 Psychological Contributions to Evaluating Witness Testimony (Shari Seidman Diamond).

20 Beyond Common-sense Understandings of Sex and Race Discrimination (R. Richard Banks).

21 Behavioral Realism in Law: Reframing the Discussion About Social Science' Place in Antidiscrimination Law and Policy (Linda Hamilton Krieger).

Index.

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Eugene Borgida is Professor of Psychology and Law at the University of Minnesota and Morse-Alumni Distinguished Professor of Psychology. He is also co-author of the forthcoming book, The Political Psychology of Democratic Citizenship (with John L. Sullivan and Christopher Federico).

Susan T. Fiske is Eugene Higgins Professor of Psychology at Princeton University. Her publications include Social Cognition: From Brains to Culture (with Shelley Taylor, 2008) and Social Beings: A Core Motives Approach to Social Psychology (2004).

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  • Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson and Phoebe Ellsworth
  • Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances an understanding of human behavior beyond what is accessible by common sense
  • The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty
  • Commentaries written by seven leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters, and illustrate how psychological science is or can be used in the courts
See More
"This collection is a gem! It unmasks the fallacies on race and gender that pass for ‘common sense’ so skillfully that it is hard to read without shouting 'Aha!'"
--Nancy Cantor, Chancellor and President, Syracuse University

"This is a timely and extremely interesting analysis of the many ways in which psychological science can contribute to a more accurate understanding of various psychological issues often raised in legal proceedings. This book will be useful, and a very good read, for the general public as well as the psychological and legal communities."
--Sharon S. Brehm, Indiana University Bloomington, President of the American Psychological Association (2007)

"This book is an indispensable guide—for scholars and practitioners alike—to the psychological science of the legal system. Its pages are filled with important, hard-won lessons that we can turn to our advantage or ignore at our peril."
--Daniel Gilbert, Harvard University


"The legal system is also a system of perception, emotion, interpersonal relations, and judgment. It is thus crucial that lawyers, social scientists and indeed the broader public understand its psychological dimensions. This volume assembles key examples of the recent strides psychologists have made in understanding courtroom processes and the psychosocial dimensions that shape how law works in a variety of settings from workplaces to the media. It will be a vital resource for both professionals and students."
--Craig Calhoun, President, Social Science Research Council

"Incrementally, chapter by chapter, this world-class collection of scholars and researchers upends our common sense understandings of human prejudice and the law's ability to control it. Yet, just as importantly, it brings to the fore a vastly deeper understanding of these issues. It is more than a state of the art collection. It is a classic collection that, for a long time, will be indispensable to discussions of prejudice and the law, as well as the relationship between science and the public good."
--Claude M. Steele, Stanford University

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