Stanley L Brodsky

Stanley L Brodsky
University of Alabama | UA

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168
Publications
44,931
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2,257
Citations
Citations since 2017
8 Research Items
701 Citations
2017201820192020202120222023020406080100120
2017201820192020202120222023020406080100120
2017201820192020202120222023020406080100120
2017201820192020202120222023020406080100120

Publications

Publications (168)
Article
The provision of feedback in forensic mental health assessment has received little attention. The scant research literature suggests that giving feedback is not only infrequent among forensic mental health examiners, but in some circumstances, it is considered inappropriate. This paper puts forth some of the challenges related to the provision of f...
Article
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The need for trauma-informed practice is well recognized across mental health and legal settings; however, relatively little has been written about its application in forensic mental health assessment. This paper focuses on trauma-informed assessment of criminal justice involved individuals, given the high rates of trauma exposure and related seque...
Article
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When capital trials of convicted defendants reach the sentencing phase, forensic mental health experts often testify as part of mitigation evidence. Three aspects of such testimony hold particular promise. First, developmental traumas in the lives of the defendants are especially well conceptualized in terms of complex posttraumatic stress disorder...
Article
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People who testify as expert witnesses in court are often fearful of blundering, feeling inept, and being “caught out” during cross-examinations. There are several reasons for lapses in professional demeanor and responses while testifying. We offer seven baits or temptations that can draw an expert into behaviors that are unbecoming, with examples...
Article
This study used a mixed quantitative‐qualitative methodology to examine whether mock jurors considered a defendant's meta‐responsibility – specifically, the defendant's medication noncompliance and degree of insight into his/her schizophrenia – when determining the person's criminal responsibility. The degree of expert witness explanation regarding...
Article
Persistent litigation is a problem in many legal jurisdictions and is costly at individual and systemic levels. This phenomenon is referred to as “querulous” behavior in psychiatric literature, whereas legal discourse refers to it as “vexatious litigation.” We refer to this phenomenon as “hyperlitigious behavior” and those who engage in these actio...
Article
The field of psychiatric/psychological injury and law concerns tort and other legal claims for injuries sustained in events at issue, such as in motor vehicle accidents (MVAs), worker compensation, or the veteran affairs (VA). The 4 Ds refer to the requirement that legal action in these types of cases can proceed when there is a duty, the duty has...
Article
Much of the literature on expert testimony addresses ways to improve witness credibility. A smaller body of knowledge examines instances of testimony in which the expert makes stylistic or substantive errors. In the present paper, a case of expert testimony is presented in which an expert witness under the duress of strong cross-examinations lost e...
Article
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A qualitative study with 20 board-certified forensic psychologists was followed up by a mail survey of 351 forensic psychologists in this mixed-methods investigation of examiner bias awareness and strategies used to debias forensic judgments. Rich qualitative data emerged about awareness of bias, specific biasing situations that recur in forensic e...
Article
Raymond D. Fowler Jr., a past president and chief executive officer (CEO) of the American Psychological Association (APA), and an internationally known leader of psychology, died on March 17, 2015, in La Jolla, California. His tenure as CEO was marked by his dedication to graduate students and commitment to giving them a voice (including a seat on...
Article
This study examined impressions of expert witness testimony in a not guilty by reason of insanity defense on two outcomes: witness's credibility and verdict. Borrowing in part from the "thin slice" methodology, we assessed outcomes in a 2 (deliberating vs. non-deliberating jurors) × 3 (length of videotaped testimony) between-subjects design. In 30...
Article
Editor Note: After reading Renée Lerner's article on the collapse of the civil jury system, we wondered what has happened after abolishing civil jury trials. Two Swiss scholars and an American scholar explain the experience of abolishing the civil trial in Switzerland.
Article
The current study investigated the efficacy of inoculation as a trial strategy designed to counter mock jurors' perceptions that an expert is a hired gun in a criminal trial. The effect of narrative and fragmented expert responses to cross-examination questions was also examined. The significant results were that not using inoculation led to higher...
Chapter
This chapter provides an overview of the field of witness credibility. The credibility of witnesses is based on more than the substantive content of witness testimony. Ideally, the probative value of testimony by both lay and expert witnesses would contribute to understanding, would help triers of fact move toward conclusions, and would stand alone...
Article
An essay about delivering good expert testimony.
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The knowledge of experts presumably affects their credibility and the degree to which the trier of fact agrees with them. However, specific effects of demonstrated knowledge are largely unknown. In this experiment, we manipulated a forensic expert's level of knowledge in a mock-trial paradigm. We tested the influence of low versus high expert knowl...
Article
Ingratiation is a powerful tool of persuasion in many settings. In the current study, participants read a description of a criminal case and then viewed a videotaped presentation of closing arguments from actors portraying the prosecuting and defense attorneys. The defense attorney's closing argument contained either no, low, moderate or high level...
Article
In the present paper, we describe an example trial consulting course at the graduate level of training in psychology. Drawing on existing competency training, teaching of psychology, and trial consulting literatures, we propose: a) a base course model suitable for adaptation to other graduate programs, b) course learner objectives with associated e...
Article
It has been acknowledged that females exhibit more smiling behaviors than males, but there has been little attention to this gender difference in the courtroom. Although both male and female witnesses exhibit smiling behaviors, there has been no research examining the subsequent effect of gender and smiling on witness credibility. This study used n...
Article
This investigation of expert witness gender used scenarios addressing threats to the expert, sexuality, parenting by the expert, and lying, and in which intrusive and non-intrusive gender cross-examinations were presented to 352 mock jurors. Male and female experts were matched carefully on attractiveness and other social desirability dimensions. I...
Article
Full-text available
Download the full text here: http://www.tandfonline.com/eprint/DEXienh5TIwz6nD7IJQa/full#.UufnVvnnZQI Or Open Access here: http://ppc.unl.edu/wp-content/uploads/2014/09/Neal-Brodsky_Occupational-Socialization.pdf This report integrated quantitative and qualitative methods across two studies to compile descriptive information about forensic psycho...
Chapter
Full-text available
Effective witnesses are familiar with expected trial procedures and the dynamics of testifying. Witnesses with little or no experience need preparation before testifying. Inexperienced expert witnesses may not know that (1) at most times experts do not testify, (2) most testimony is routine, (3) clothing choice and appearance beyond a conventional...
Article
Psychologists conducting forensic assessments often find themselves faced with observation requests from third parties. Although the field of neuropsychology has an official position statement and body of literature regarding the presence of third-party observers during evaluations, the psychology-law literature is largely silent on this issue. Gra...
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Despite advances in the scientific methodology of witness testimony research, no sound measure currently exists to evaluate perceptions of testimony skills. Drawing on self-efficacy and witness preparation research, the present study describes development of the Observed Witness Efficacy Scale (OWES). Factor analyses of a mock jury sample yielded a...
Article
This online resource for mental health practitioners presents a variety of information required in daily practice in one easy-to-use resource. Covering the entire spectrum of practice issues–from diagnostic codes, practice guidelines, treatment principles, and report checklists, to insight and advice from today's most respected clinicians–this peer...
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It was the fIrst tIme we had ever seen an echo effect so dramatically demonstrated. The jurors had been brought in panels of 14 for voir dire in the capital murder trial scheduled to begin the following week. One woman on the jury panel explained she had been taught in her church not to sit in judgment of others, and that only God could do that. Sh...
Article
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There is substantial controversy over the extent to which social science should be used in jury selection. Underlying the debate are two competing interests in the make-up of a jury: a privilege to strike prospective jurors on subjective grounds, which supports scientific jury selection, and a collective interest of citizens to be free from exclusi...
Article
This paper reexamines the Shuman seminal paper arguing against empathic behaviors in forensic evaluations. Shuman concluded that empathy by examiners seduces evaluees into believing a therapeutic relationship exists. We reconsider empathy as an element of rapport and a helpful supplement in a successful assessment. Actively avoiding empathy could l...
Article
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Aside from an article by Gutheil, Bursztajn, Hilliard, and Brodsky (2004), scant literature exists regarding why forensic mental health professionals refuse or withdraw from cases. The current study collected descriptive information about the reasons mental health experts decline or withdraw from forensic assessments, both early and late in the leg...
Article
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Prompted by the involvement of psychologists in torturous interrogations at Guantanamo and Abu Ghraib, the American Psychological Association (APA) revised its Ethics Code Standard 1.02 to prohibit psychologists from engaging in activities that would “justify or defend violating human rights.” The revision to Standard 1.02 followed APA policy state...
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The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources f...
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In this study, we examined how manipulations of likeability and knowledge affected mock jurors' perceptions of female and male expert witness credibility (n = 290). Our findings extend the person-perception literature by demonstrating how warmth and competence overlap with existing conceptions of likeability and knowledge in the psycholegal domain....
Article
This chapter describes the knowledge, skills, and situational competencies needed to be effective as an expert witness in depositions and in courtroom testimony. Topics discussed include the prerequisites to be an expert, the difference between a fact witness and an expert witness, contracting with attorneys, helping the attorney become psychologic...
Article
Professor John Henry Wigmore in 1940 described the hypothetical question as an intolerable obstruction of truth. Since that time, the nature and application of the hypothetical question in the courtroom, as well as responses to this line of questioning during expert testimony, have been sources of controversy. Governed by legal philosophical founda...
Conference Paper
As western societies move to centralization provision and control of mental health services, there is an increasing tendency for many persons who are reluctant to enter therapy to be assigned to psychotherapy professionals. Drawing on his 2011 book, “Therapy with Coerced and Reluctant Clients,” Dr. Brodsky will discuss individuals for whom coercion...
Article
Defendant remorse is generally accepted as a mitigating factor in capital murder sentencing in the legal system. The current study addressed whether verbal and nonverbal expressions of defendant remorse are perceived as remorseful by mock jurors. Moreover, this study investigated the associations of defendant behaviors and mock juror need for affec...
Article
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Prosecutors are handling increasing numbers of criminal cases concerning veterans from the wars in Iraq and Afghanistan who suffer from posttraumatic stress disorder (PTSD). How these prosecutors handle such cases may reflect their attitudes toward veterans or offenders with PTSD. In turn, their attitudes may affect perceptions of blameworthiness,...
Article
Despite major advances in the prediction of violence and risk management, risk evaluations are necessarily imperfect. This article focuses on the role of the evaluator in such assessments and addresses the consequences incurred by clinicians involved in conducting risk assessments. We discuss the risks of overpredicting and underpredicting violence...
Article
IntroductionPrinciples of Forensic WorkBeginning WorkEvaluations and Independent Medical ExaminationsReports and AffidavitsTestimonyFees, Billing, and CollectionsMarketingOffice ProceduresConclusions
Article
Trial consultation is a quickly growing domain of professional practice for psychologists. Preparing expert witnesses to testify is just one prime example of practice options for consultants. A wealth of evidence shows that developing expert confidence and credibility are important goals for witness training. However, research has yet to articulate...
Article
Aggressive cross-examinations can be challenging and difficult for social workers and other mental health professionals who testify in court as expert witnesses. Although several sources of guidance for expert witnesses are available, responses to cross-examination can be understood especially clearly in case-specific contexts. This article describ...
Article
Full-text available
This study examined the scope and components of mitigation assessments in a first effort to develop some guidelines for conducting mitigation evaluations. Using the Mitigation Evaluations Survey (MES) we developed for this research, we surveyed 266 psychologists about the characteristics and content of mitigation evaluations. A high percentage of p...
Article
This book examines the clinical dilemmas faced by therapists who, for a variety of reasons, are working with involuntary or reluctant clients. These individuals often come to therapy through the judicial system but might also be problem employees or spouses persuaded to enter therapy by their mates. Under these circumstances, working together can b...
Article
Reviews the book, American legal injustice: Behind the scenes with an expert witness by Emanuel Tanay (see record 2010-19829-000 ). The title is misleading; this book does not address the broad topic of injustice in the American legal system. Instead the subtitle reveals the essential content; retired forensic psychiatrist Emanuel Tanay writes of h...
Article
The judge or jury makes a subjective determination of when an expert is credible. However, no published measure exists for assessment of the credibility of expert witnesses. The current study addressed this gap by developing and cross-validating the Witness Credibility Scale (WCS). Drawing on the narrative literature, we hypothesized that credibili...
Article
Full-text available
Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I features explora...
Article
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The attention of attorneys and witnesses alike is captured is when jurors nod their heads. When attorneys speak or witnesses testify, often there are individuals on the jury who nod their heads up and down, some jurors nodding rapidly and vigorously and some with a barely visible movement of the head. In our own experiences on the stand, jurors who...
Article
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Self-Efficacy Theory (SET; Bandura, 1986, 2000) has generated research and practice ramifications across areas of psychology. However, self-efficacy has yet to be assessed in a legal context. The present paper juxtaposes self-efficacy with self-confidence in terms of theoretical foundations and practical implications, with attention to the area of...
Article
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The present study was conducted to investigate the relationship between both expert witness confidence and juror personality with expert witness credibility, as well as expert witness credibility with juror sentencing outcome. Participants were presented with one of three randomly assigned filmed scenarios depicting various levels of manipulated wi...
Article
Child sex abuse cases have been the target of considerable psycho-legal research. The present paper offers an analysis of psychological constructs for jury selection in child sex abuse cases from the defense perspective. The authors specifically delineate general and case-specific jury selection variables. General variables include authoritarianism...
Article
At the earliest stages of development of psychological theories of crime, a belief existed that each crime of violence was associated with a particular personality type or behavioural abnormality. The existence of the violent crime itself was considered prima facie evidence that a pattern of abnormality was present. Examination of contemporary writ...
Article
Full-text available
This study was conducted to investigate the relationship between expert witness likeability and jurors' judgments of credibility and tendencies in sentencing. Two actors playing expert witnesses were trained to present themselves as high and low in likeability in a standard testimony scenario in the sentencing phase of a capital murder trial. The e...
Article
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The effect of eye contact on credibility was examined via a 3 (low, medium, high eye contact) x 2 (male, female) between-groups design with 232 undergraduate participants. A trial transcript excerpt about a defendant’s recidivism likelihood was utilized as the experts’ script. A main effect was found: experts with high eye contact had higher credib...
Article
A conceptual frame of reference called The River is presented for training of beginning psychotherapists. Using metaphors, trainees are taught specific tools (Equipment) and to identify salient features of the therapy process (Topography) by means of a series of metaphors for the process elements of timing and of level of intervention. Student ther...
Article
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When expert witnesses are cross-examined, a common gambit of opposing counsel is to create a phantom for comparison purposes. The constructed phantom is typically portrayed as an individual who has gone through similar, difficult life circumstances without the impairments or problematic behavioral sequelae of the plaintiff or defendant in the trial...
Article
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Minimal information is available regarding the frequency with which practitioners conduct evaluations of capacity to waive Miranda rights or what approaches they use in doing so. Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights are the only published instruments designed specifically to assist practitioners in the...
Article
Mitigation testimony in the sentencing phase of capital cases provides the defense with the opportunity to present psychological and psychosocial evidence about the defendant. Previous research has sought to identify the mitigating worth of various psychological and psychosocial factors, but has primarily focused on the value of independent mitigat...
Chapter
This chapter discussed the legal context and research foundations of expert testimony, as well as providing introductory practical guidelines to increase efficacy of witnesses. Expert testimony can be an unsettling and frightening experience for many clinical professionals. We advise a committed understanding of the legal roles of experts, coupled...
Article
Forensic psychologists face a variety of ethical issues in conducting evaluations. One such issue is attorney presence during a forensic evaluation. In forensic evaluations, it is necessary to use standardized procedures while also attending to the rights of the individuals being assessed. This article examines the neuropsychological literature on...
Article
Victim Impact Statements are introduced during the sentencing phase of capital trials to allow family members of the victim to describe the financial, emotional, psychological, and physical affects the crime has had on their lives. Critics argue that this type of evidence is emotional and prejudicial information that leads to harsher sentences. The...
Article
Case law delineates the importance placed on mitigation, but both the psychological and legal literature are inconclusive about the use and effectiveness of biopsychosocial mitigating factors during sentencing in capital trials. The present study surveyed a diverse group of undergraduate participants and found the following circumstances to be most...
Article
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This revision of the history of correctional psychology begins in the 1960s, a time during which psychologists in correctional institutions had little influence or occupational preparation. Within the American Association of Correctional Psychology at the time, four themes emerged: custody-treatment struggles, job security problems, the development...
Article
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Articles periodically portray as unethical those forensic mental health professionals who perform Competency for Execution (CFE) assessments. The present commentary reviews the ethics and practices in CFE evaluations. Particular attention is paid to individual ethical understandings, to developments in forensic practices related to CFE, and to conc...
Article
Two studies examined the impact of witness preparation training with criminal defendants. In the first study, mock criminal defendants testified twice on videotape about minor crimes they were accused of but had not committed. Approximately half underwent witness preparation between their first and second testimony simulations. In the second study,...
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Full-text available
A historical-legal survey of competency for execution (CFE) identified the major factors that led up to and followed the 1986 Supreme Court decision in Ford v. Wainwright. A survey was conducted of 113 judges authorized to give death penalty sentences. Four content areas were identified: understanding and appreciation of punishment, understanding...
Article
This book (2004) edited by Adrian Needs and Graham Towl (see record 2004-13947-000 ) is the second in the forensic practice series published jointly by the British Psychological Society (BPS) and Blackwell. Of the 13 chapters, 6 are devoted to the psychology of offenders and 7 to criminal justice personnel. The description of the forensic practice...
Article
Little empirical research has addressed the effects of psychological or psychosocial evidence on sentencing decisions. The present study found that death-qualified mock jurors were more likely to sentence a defendant to death without mitigating evidence than in a case with mitigating evidence present. Mock jurors were less likely to assign a death...
Article
The current study investigated citizen reactions to notifications of sex offenders in the neighborhood, in an effort to determine whether sex offender notification laws are accomplishing their goal of increased protective actions against sex offenses. Lazarus's stress and coping theory provided the theoretical framework for the study. Telephone sur...
Article
One goal of witness preparation is to strengthen witnesses' feelings of self-efficacy about testifying. The current study used mock criminal defendants to examine the impact of witness preparation training on witnesses' confidence in their ability to testify effectively and nervousness about testifying. Defendants testified twice about real-life ac...
Article
This book is about the psychology of the cross-examination, considered within the totality of testifying in court; how to think on the stand, which patterns of words to use and not use, what behaviors work, and how to understand interchanges between attorney and witness. This book is equally about fearfulness on the stand and mastering that fear. T...
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The present study examines the relation between client participation in attorney-client relationships, the development of client trust in criminal defense attorneys, and client satisfaction with attorneys and case outcomes. The congruence model of trust development (CMTD) is proposed to explain the relation between desired participation by clients,...
Article
The therapeutic alliance is taught and commonly regarded as essential in engendering change. The formation and maintenance of such an alliance often involves the corrective emotional experience of the patient with the therapist and the therapist's ability to relate empathetically. We posit that some situations and specific clients are better served...
Article
The issue of whether mental health professionals should be involved in conducting evaluations of competency for execution is a topic that has elicited controversy and heated debate. This article picks up at a point beyond the controversy and addresses issues of professionalism and the objective assessment of competency for execution. Specifically,...
Article
Competency for execution is a legal construct seated in whether condemned offenders know why they are being punished and whether they have a rational understanding of death. The present preliminary study examined attitudes and beliefs about death, adapting the Death Attitude Repertory Test (DART) for evaluating general understandings about death in...
Article
Attorneys are often skeptical, with good reason, about the extent to which research findings and psychological principles may apply to the members of their jury pool. It is important for attorneys as well as psychologists who provide consultation services to have access to base-rate opinions about the consultation issues. This article reports the r...
Article
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In the course of clinical and forensic work, psychologists sometimes discover serious weaknesses in knowledge, performance, or ethics in other psychologists' work. The ethical code of the American Psychological Association mandates confronting such a psychologist prior to making a professional complaint. This mandatory confrontation typically is om...
Article
The current study describes the development of the Attorney-Client Trust Scale (ACTS), a measure designed to assess a client's trust in his or her attorney. A sample of 307 male inmates completed the ACTS and provided information about their most recent case and attorney. Low ACTS scores were associated with having a court-appointed attorney, going...
Article
This study investigated whether court-experienced juveniles differ from court-experienced adults in their understanding of the defense counsel role and their trust in attorneys. Court-experienced juveniles and young adults, ages 12 to 20, were compared on measures of trust, attitudes toward authority, understanding about the role of defense counsel...
Article
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This article describes the case of a hospitalized psychiatric patient who colluded with hospital police in a “sting” operation designed to catch a hospital employee selling drugs. The patient had failed a drug test and was told that he could avoid criminal charges by cooperating in the “sting.” We argue that the patient was asked to enter into a co...
Article
It has often been asserted that the drawing of one's dreams will aid in producing more vivid, more interpretable, and clearer dream content. However, the literature on using dream drawings to enhance interpretation and meaningfulness has been limited to descriptive and narrative accounts. This study compared the recorded dreams of 69 participants w...
Article
Edited by Mark Costanzo and Stuart Oskamp. Thousand Oaks, CA: Sage, 1994, 290 pp.
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Full-text available
Psychological-legal aspects of competency for execution (CFE) are reviewed with respect to legal issues, ethical concerns, and assessment issues, and then followed by ten practice recommendations. The legal issues addressed included the implications of Ford v. Wainwright and the applications of the one-prong cognitive criterion and the two-prong cr...
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One of the most difficult tasks facing the clinician in the forensic setting is to engage meaningfully with clients who have been mandated to attend therapy. This paper contends that unwillingness to engage in treatment is a complex, multi-dimensional construct. Three major impediments to therapy are identified: little motivation, contextual factor...
Article
The present paper takes the position that social scientists are narrow in what they do in change of venue assessments and in how they conceptualize the problem. First, their foundations are drawn overly from capital cases. Second, their methods are heavily loaded with survey methodology, itself limited in nature. Finally, social science conclusions...
Article
Juvenile sex offenders were compared to other juvenile offenders in the degree of violence against women they witnessed in their families of origin. Poor impulse control, a callous and unemotional interpersonal style, and sexist attitudes toward women were tested as potential mediators of this relation. Participants were 70 incarcerated juvenile ma...
Article
Psychologists are becoming increasingly involved in forensic assessments of emotional injuries. To determine which psychodiagnostic instruments are in use in emotional injury assessments and to see if practitioners use instruments for reasons consistent with the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals (1993),...
Article
Psychologists are becoming increasingly involved in forensic assessments of emotional injuries. To determine which psychodiagnostic instruments are in use in emotional injury assessments and to see if practitioners use instruments for reasons consistent with the admissibility of expert testimony under Daubert v. Merrell Dow Pharmaceuticals (1993),...
Article
In this book, the author extends the lessons of his previous book Testifying in Court: Guidelines and Maxims for the Expert Witness. He describes court work and the legal context in a style that is friendly, informal, and more explanatory than adversarial. Brief topic-focused chapters, each summed up with a maxim, teach readers a great deal about...
Article
When allegations of racial insensitivity or discrimination become part of a case, attorneys need to confront racial issues head on. While serving as consultants for the defense in a civil case involving allegations of discrimination by a private business, we developed a set of general principles and guidelines to prepare attorneys and defendants to...
Article
103 US and 120 New Zealand university students rated 18 brief scenarios for their cruelty, the amount of suffering inflicted, the suffering meant to be inflicted, and the pleasure felt by the actor. Both samples rated a sexual assault and a guard herding terrified prisoners to execution as the 2 cruelest scenarios and the scenarios giving rise to t...

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