Handbook of Psychology in Legal Contexts Second Edition

Handbook of Psychology

in

Legal Contexts

Second Edition

Edited by

David Carson

University of Southampton, UK

and

Ray Bull

University of Portsmouth, UK

Handbook of Psychology

in

Legal Contexts

Second Edition

Handbook of Psychology

in

Legal Contexts

Second Edition

Edited by

David Carson

University of Southampton, UK

and

Ray Bull

University of Portsmouth, UK

Copyright
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Library of Congress Cataloging-in-Publication Data

Handbook of psychology in legal contexts / edited by David Carson and Ray Bull.

p. cm.

Includes bibliographical references and index.

ISBN 0-471-49874-2 (alk. paper)

1. Law–Psychological aspects. 2. Psychology, Forensic I. Carson, David II. Bull, Ray.

K346 .H36 2003

347

.066

019–dc21 2002033069

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN 0-471-49874-2

Typeset in 10/12pt Times New Roman and Optima by TechBooks, New Delhi, India

Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham, Wiltshire

This book is printed on acid-free paper responsibly manufactured from sustainable forestry

in which at least two trees are planted for each one used for paper production.

Contents

About the Editors ix

List of Contributors x

Preface xv

Introduction Psychology and Law: A Subdiscipline, an Interdisciplinary

Collaboration or a Project? 1

David Carson

PART 1 PSYCHOLOGICAL ASSESSMENTS FOR THE COURTS

Chapter 1.1 Adults’ Capacity to Make Legal Decisions 31

Glynis H. Murphy and Isabel C.H. Clare

Chapter 1.2 The Assessment and Detection of Deceit 67

Aldert Vrij

Chapter 1.3 Assessing Individuals for Compensation 89

Richard A. Bryant

PART 2 PERSPECTIVES ON SYSTEMS: PSYCHOLOGY

IN ACTION

Chapter 2.1 Interviewing by the Police 111

Rebecca Milne and Ray Bull

Chapter 2.2 Violence Risk: From Prediction to Management 127

Kirk Heilbrun

vi CONTENTS

Chapter 2.3 Risk: The Need for and Benefits of an Interdisciplinary Perspective 143

David Carson

Chapter 2.4 Beyond ‘Offender Profiling’: The Need for an Investigative Psychology 171

David Canter and Donna Youngs

Chapter 2.5 Uses, Misuses and Implications for Crime Data 207

Tom Williamson

Chapter 2.6 Crime Prevention 229

Katarina Fritzon and Andrea Watts

Chapter 2.7 The Development of Delinquent Behaviour 245

Friedrich L¨osel

Chapter 2.8 Children in Disputes 269

Judith Trowell

Chapter 2.9 Child Defendants and the Law 287

Peter Yates and Eileen Vizard

PART 3 PERSPECTIVES ON COURTS: TRIALS

AND DECISION MAKING

Chapter 3.1 Juror Decision-Making in the Twenty-First Century: Confronting

Science and Technology in Court 303

Bradley D. McAuliff, Robert J. Nemeth, Brian H. Bornstein

and Steven D. Penrod

Chapter 3.2 Assessing Evidence: Proving Facts 329

Michael J. Saks and William C. Thompson

Chapter 3.3 Advocacy: Getting the Answers You Want 347

David Carson and Francis Pakes

Chapter 3.4 Expert Evidence: The Rules and the Rationality the Law Applies

(or Should Apply) to Psychological Expertise 367

David L. Faigman

Chapter 3.5 Decision Making by Juries and Judges: International Perspectives 401

Edith Greene and Lawrence Wrightsman

Chapter 3.6 Restorative Justice: The Influence of Psychology from a Jurisprudent

Therapy Perspective 423

Eric Y. Drogin, Mark E. Howard and John Williams

CONTENTS vii

Chapter 3.7 Proactive Judges: Solving Problems and Transforming Communities 449

Leonore M.J. Simon

PART 4 PERSPECTIVES ON POLICY: PSYCHOLOGY

AND PUBLIC DEBATE

Chapter 4.1 Drugs, Crime and the Law: An Attributional Perspective 475

John B. Davies

Chapter 4.2 Psychological Research and Lawyers’ Perceptions of Child Witnesses

in Sexual Abuse Trials 493

Emily Henderson

Chapter 4.3 Alleged Child Sexual Abuse and Expert Testimony: A Swedish

Perspective 515

Clara Gumpert

Chapter 4.4 Eyewitnesses 533

A. Daniel Yarmey

Chapter 4.5 Psychological and Legal Implications of Occupational Stress

for Criminal Justice Practitioners 559

Jennifer Brown and Janette Porteous

Chapter 4.6 Therapeutic Jurisprudence: An Invitation to Social Scientists 579

Carrie J. Petrucci, Bruce J. Winick and David B. Wexler

PART 5 LEGAL PSYCHOLOGY, PSYCHOLOGICAL SCIENCE

AND SOCIETY

Chapter 5.1 Methodology: Law’s Adopting and Adapting to Psychology’s Methods

and Findings 605

Brian Clifford

Chapter 5.2 Interviewing and Assessing Clients from Different Cultural

Backgrounds: Guidelines for all Forensic Professionals 625

Martine B. Powell and Terry Bartholomew

Chapter 5.3 Psychology and Law: A Behavioural or a Social Science? 645

Stephen P. Savage

Table of Cases 659

Table of Statutes 663

Index 665

About the Editors

David Carson

David Carson is Reader in Law and Behavioural Sciences in the Faculty of Law at the

University of Southampton. He tries to be practical, preventive and interdisciplinary

in his teaching and writing, and to promote those goals in his organisational work. He

has developed courses on how to be skilful as an expert witness in court and how to

reduce the likelihood of being criticised or sued for poor risk-taking, particularly in

child protection and mental disorder contexts, simultaneously producing both valuable

evidence for courts and better risk decisions. These have been provided, many times,

for experienced practitioners.

He was organiser of the first international ‘Psychology and Law’ conference, spon￾sored by the American Psychology-Law Society and the European Association of

Psychology and Law, which took place in Dublin in 1999. He was also invited to

organise a second such conference, which are to become regular events, now also

sponsored by the Australian and New Zealand Association of Psychiatry, Psychology

and Law. The second conference takes place in Edinburgh in 2003.

Ray Bull

Ray Bull is Professor of Criminological and Legal Psychology in the Department of

Psychology at the University of Portsmouth. He has published extensively on research

topics at the interface of psychology with legal contexts, especially investigative

interviewing.

In 1995 he was awarded a higher doctorate (Doctor of Science) in recognition of the

quality and extent of his research publications. He is regularly asked by lawyers to

write expert reports in connection with criminal and civil proceedings (over 60 to date)

and has testified as an expert witness in a number of trials. In 2001/2 he was a member

of the small team that was commissioned by the government to write Achieving Best

Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses,

including Children.

List of Contributors

Terry Bartholomew

Lecturer in Psychology, Deakin University, Melbourne Campus, 221 Burwood

Highway, Burwood, Victoria, VIC 3125, Australia.

Brian H. Bornstein

Post-Doctoral Fellow, Law–Psychology Programme, Department of Psychology,

Burnett Hall, University of Nebraska-Lincoln, Lincoln, Nebraska NE 68588-0308,

USA.

Jennifer Brown

Professor of Forensic Psychology, Department of Psychology, University of Surrey,

Guildford, Surrey GU2 7XH, UK.

Richard A. Bryant

Associate Professor, School of Psychology, University of New South Wales,

Sydney, NSW 2052, Australia.

Ray Bull

Professor of Criminological and Legal Psychology, Department of Psychology,

University of Portsmouth, King Henry Building, King Henry 1 Street, Portsmouth

PO1 2DY, UK.

David Canter

Professor of Psychology, Centre for Investigative Psychology, University of

Liverpool, Department of Psychology, Eleanor Rathbone Building,

Liverpool L69 7ZA, UK.

David Carson

Reader in Behavioural Sciences and Law, Faculty of Law, The University,

Southampton SO17 1BJ, UK.

LIST OF CONTRIBUTORS xi

Isabel C.H. Clare

Consultant Clinical and Forensic Psychologist, Department of Psychiatry (Section

of Developmental Psychiatry), University of Cambridge, 18b Trumpington Road,

Cambridge CB2 2AH, UK.

Brian Clifford

Professor of Psychology, Department of Psychology, University of East London,

Romford Road, London E15 4LZ, UK.

John B. Davies

Professor of Psychology, Centre for Applied Social Psychology, University of

Strathclyde, Graham Hills Building, 40 George Street, Glasgow

G1 1QE, UK.

Eric Y. Drogin

Forensic Psychologist/Attorney, Franklin Pierce Law Center, 2 White Street,

Concord, New Hampshire 03301, USA.

David L. Faigman

Professor of Law, University of California at Hastings, 200 McAllister Street, San

Francisco, California CA 94102, USA.

Katarina Fritzon

Lecturer in Forensic Psychology, University of Surrey, Department of Psychology,

Guildford, Surrey GU2 7XH, UK.

Edith Greene

Professor of Psychology, Department of Psychology, University of Colorado, 1420

Austin Bluffs Parkway, Colorado Springs, Colorado 80933-7150, USA.

Clara Gumpert

Division of Forensic Psychiatry, Karolinska Institute, PO Box 4044, 141 04

Huddinge, Sweden.

Kirk Heilbrun

Professor and Chair, Department of Clinical and Health Psychology,

Drexel University, MS 626, 245 N. 15th Street, Philadelphia, PA 19102-1192,

USA.

Emily Henderson

Mother/freelance researcher, 27 Victoria Road, Cambridge CB4 3BW, UK.

Mark E. Howard

Assistant United States Attorney, District of New Hampshire; Adjunct Professor of

Criminal Law, Franklin Pierce Law Center, 2 White Street, Concord, New

Hampshire 03301, USA.

xii LIST OF CONTRIBUTORS

Friedrich L¨osel

Professor of Psychology, University of Erlangen-Nuremberg, Department of

Psychology I, Lehrstuhl, Bismarckstrasse 1, 91054 Erlangen, Germany.

Bradley D. McAuliff

Post-Doctoral Fellow, Law–Psychology Programme, Department of Psychology,

Burnett Hall, University of Nebraska-Lincoln, Lincoln, Nebraska NE 68588-0308,

USA.

Rebecca Milne

Senior Lecturer, Institute of Criminal Justice Studies, University of Portsmouth,

Ravelin House, Museum Road, Portsmouth PO1 2QQ, UK.

Glynis H. Murphy

Professor of Clinical Psychology of Learning Disability, Tizard Centre, University

of Kent, Canterbury, Kent CT2 7LZ, UK.

Robert J. Nemeth

Doctoral Student, Department of Psychology, 236 Audubon Hall, Louisiana State

University, Baton Rouge, LA 70803, USA.

Francis Pakes

Senior Lecturer, Institute of Criminal Justice Studies, University of Portsmouth,

Ravelin House, Ravelin Park, Museum Road, Portsmouth PO1 2QQ, UK.

Steven D. Penrod

Distinguished Professor, Department of Psychology, John Jay College of Criminal

Justice, City University of New York, 445 West 59th Street, New York, NY

10019-1199, USA.

Carrie J. Petrucci

Assistant Professor, California State University Long Beach, 1250 Bellflower Blvd.,

Long Beach, CA 90840, USA.

Janette Porteous

Barrister and Senior Lecturer in Law, University of Lincoln, Brayford Pool, Lincoln

LN6 7TS, UK.

Martine B. Powell

Senior Lecturer in Psychology, Deakin University, Melbourne Campus, 221

Burwood Highway, Burwood, Victoria, VIC 3125, Australia.

Michael J. Saks

Professor of Law and Psychology, Arizona State University, College of Law, Box

877906, Tempe, Arizona AZ 85287-7906, USA.

LIST OF CONTRIBUTORS xiii

Stephen P. Savage

Professor, Institute of Criminal Justice Studies, University of Portsmouth, Ravelin

House, Ravelin Park, Museum Road, Portsmouth PO1 2QQ, UK.

Leonore M.J. Simon

Associate Professor, Department of Criminal Justice and Criminology, East

Tennessee State University, PO Box 70555, Johnson City, Tennessee TN 37614,

USA.

William C. Thompson

Professor, Department of Criminology, Law and Society, University of California at

Irvine, Irvine, California 92697-7080, USA.

Judith Trowell

Consultant Psychiatrist, Tavistock Clinic, 120 Belsize Lane, London NW3 5BA, UK.

Eileen Vizard

Consultant Child and Adolescent Psychiatrist and Honorary Senior Lecturer,

University College London, The Young Abusers Project, The Peckwater Centre, 6

Peckwater Street, London NW5 2TX, UK.

Aldert Vrij

Professor of Applied Social Psychology, University of Portsmouth, Psychology

Department, King Henry Building, King Henry 1 Street, Portsmouth PO1 2DY, UK.

Andrea Watts

Crime Analyst, Serious Crime Analysis Section, National Crime Faculty, Centrex,

Bramshill, Hook, Hampshire RG27 0JW, UK.

David B. Wexler

Lyons Professor of Law and Professor of Psychology, University of Arizona, and

Professor of Law and Director, International Network on Therapeutic

Jurisprudence, University of Puerto Rico, College of Law, University of Arizona,

PO Box 210176, Tucson, Arizona 85721-0176, USA.

John Williams

Professor of Law, Department of Law, University of Wales, Hugh Owen Building,

Penglais, Aberystwyth, Ceredigion SY23 3DY, UK.

Tom Williamson

Senior Research Fellow, Institute of Criminal Justice Studies, University of

Portsmouth, Ravelin House, Ravelin Park, Museum Road, Portsmouth PO1 2QQ,

UK.

Bruce J. Winick

Professor of Law, University of Miami School of Law, 1311 Miller Drive, Coral

Gables, Florida 33146, USA.

xiv LIST OF CONTRIBUTORS

Lawrence Wrightsman

Professor of Psychology, Department of Psychology, University of Kansas,

Lawrence, Kansas KS 66045, USA.

A. Daniel Yarmey

Professor of Psychology, Department of Psychology, University of Guelph, Guelph,

Ontario N1G 2W1, Canada.

Peter Yates

Consultant Child and Adolescent Forensic Psychiatrist, Stamford House, Cathnor

Road, Hammersmith, London W12 9PA, UK.

Donna Youngs

Centre for Investigative Psychology, University of Liverpool, Department of

Psychology, Eleanor Rathbone Building, Liverpool L69 7ZA, UK.