Beyond Common Sense
Psychological Science in the Courtroom
1. Edition October 2007
448 Pages, Hardcover
Wiley & Sons Ltd
ISBN:
978-1-4051-4573-2
John Wiley & Sons
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
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.
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.
"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
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
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).
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).
