Chapter 2 the_legal_system_student
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  • Cognitive Reflection Test

Chapter 2 the_legal_system_student Presentation Transcript

  • 1. Psychology and the Law Chapter 2The Legal System: Issues, Structures & Players
  • 2. Chapter Outline• The Adversarial System• Distributive and Procedural Justice• Courts• Problem-Solving Courts• Alternative Dispute Resolution• Judges• How Do Judges Decide?• Lawyers• Expert Witnesses and Daubert• Amicus Curia Brief
  • 3. The Adversarial System• The Adversarial System  American trial procedure  exhibits, evidence and witnesses introduced by both sides  purpose: convince fact finder of their point of view  judge rarely calls or introduces evidence  judges rarely ask questions of the witness
  • 4. The Adversarial System• Versus the Inquisitorial System  used on the continent of Europe (not Great Britain); Asia  two sides do not have separate witnesses  witnesses testify for the court  opposing parties are not allowed to prepare the witnesses before the trial
  • 5. Distributive and Procedural Justice• beginning of Socrates’ Republic—what is justice?• definitions of justice has changed throughout history  revenge  fairness  punishment  correction• distributive versus procedural justice
  • 6. Distributive and Procedural Justice• distributive justice models  perceived fairness  distribution of rewards and benefits among community members  e.g., fair relationship between employee contributions and rewards
  • 7. Distributive and Procedural Justice• procedural justice models  perceived fairness  procedures and rules  e.g., Miranda Rights
  • 8. Courts• jurisdiction over cases arising under the Constitution or laws of the United States• typically do not have jurisdiction over cases arising under state law (unless the plaintiff and defendant are from different states)
  • 9. Courts U.S. Supreme Court U.S. Federal Highest State Court of Court of Court of Military Appeals (13 Appeals Appeals Courts)U.S. Federal State AppealsDistrict Court Court of Claims Court (94 Courts) Court of Local Trial International Court Trade
  • 10. Courts• Federal Courts: Supreme Court  highest court in the federal system  nine justices  meet in Washington, D. C.  appeal jurisdiction through certiorari process  limited original jurisdiction over some cases
  • 11. Courts• Federal Courts: Courts of Appeal  intermediate level in the federal system  strictly appellate  13 federal courts of appeal; divided into geographic “circuits”  1 circuit for D.C.  1 federal circuit for appeals from federal agencies (Federal Circuit)  11 for the rest of the country  3 judge panel; majority vote wins
  • 12. Courts
  • 13. Courts• Federal Courts: District (Trial) Courts  lowest level in the federal system  94 in 50 states and territories  at least 1 district court in every state  no appellate jurisdiction  original jurisdiction over most cases  number of judges per district varies
  • 14. Problem-Solving Courts• combine the justice system with treatment-oriented principles• tries to address underlying causes of antisocial behavior• therapeutic jurisprudence
  • 15. Problem-Solving Courts• drug courts• mental health courts• homeless courts• domestic violence courts
  • 16. Problem-Solving Courts• before Juvenile Courts  children under the age of 7  children between age 7 and 14• Juvenile Courts  develop in the late 19th Century  children needed to be corrected  juvenile system seems to be less revered today
  • 17. Alternative Dispute Resolution• Alternative Dispute Resolution  use of a third person(s) to help resolve an issue or controversy  cases are settled through negotiation (i.e., formal or informal)  3 major types of alternative dispute resolution  arbitrary  summary jury trial  mediation
  • 18. Alternative Dispute Resolution• Arbitration  binding  looks like a trial  parties agree to this; they are bound the decision of an arbitrator  speedy, flexible, informal  court-ordered arbitration—non binding  if one party is dissatisfied with decision, the case can be tried
  • 19. Alternative Dispute Resolution• Summary Jury Trial  variation on court-ordered arbitration  similar to a traditional jury trial  jury is assembled  lawyers argue the case without witnesses  the judge explains the law  the jury deliberates and decides the case
  • 20. Alternative Dispute Resolution• Mediation  use of neutral person  work with litigants and lawyers to achieve a settlement  3 types  shuttle diplomacy  evaluative mediation  non-evaluative mediation
  • 21. Supreme Court Judges• traditionally White males• changed post Clinton years• first Hispanic/Latino Supreme Court judge 2009• judges appointed by the President• confirmed by the Senate• serve for life unless impeached or resign
  • 22. Supreme Court Judges Chief Justice: John Roberts
  • 23. Supreme Court Judges Samuel Alito
  • 24. Supreme Court Judges Ruth Bader Gingsburg
  • 25. Supreme Court Judges Stephen Breyer
  • 26. Supreme Court Judges Elena Kagan
  • 27. Supreme Court Judges Anthony Kennedy
  • 28. Supreme Court Judges Antonin Scalia
  • 29. Supreme Court Judges Sonia Sotomayor
  • 30. Supreme Court Judges Clarence Thomas
  • 31. State Judges• selected in a variety of ways  partisan election  non-partisan election  appointment with retention election
  • 32. State Judges• selected in a variety of ways  partisan election  non-partisan election  appointment with retention election
  • 33. How Do Judges Decide?• 2 processes Try the  intuitive processes: spontaneous Cognitive Reflection Test  deliberative processes: require mental effort judges appear to use this process more
  • 34. Lawyers• federal prosecutors: U.S. Attorneys; appointed by president• head city/county prosecutors: States’ Attorney; elected• public defenders: most work for the government; some high profile firms must take on pro bono cases
  • 35. Expert Witnesses and Daubert• Rule 702 of Federal Rules of Evidence: legal standard for permitting expert testimony in federal cases--Daubert• judges: gatekeepers for scientific testimony/ research and statistics• 4 criteria for testability (or falsifiability)  peer-review  can the theory/technique be proven false through data collection  rate of error  conclusions generally accepted by scientific community
  • 36. Expert Witnesses and Daubert• Daubert trilogy  Daubert v. Merrell Dow Pharmaceuticals, Inc (1993)  General Electric Co v. Joiner (1997)  Kumho Tire Ltd. v. Carmichael (1999)• expanded the gatekeeping role of trial judges  more discretion to exclude testimony  all expert opinion, not just scientific
  • 37. Amicus Curiae Brief• friend of the court; tool to educate judges• written by team of researchers; reviewed by professional organization• goal: summarize relevant body of research and clarify findings  jury size  gay rights  school integration  child witnesses