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The Implicit Relation of Psychology and Law: Women and Syndrome Evidence

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The Implicit Relation of Psychology and Law: Women and Syndrome Evidence The Implicit Relation of Psychology and Law The Implicit Relation of Psychology and Law brings an innovative, feminist analysis to these affiliated fields. Fiona E. Raitt and M. Suzanne Zeedyk explore the role of psychological syndromes (i.e. Battered Woman’s Syndrome, Rape Trauma Syndrome, Premenstrual Syndrome and False Memory Syndrome) within the courtrooms of the UK and the US. In addition to the explicit relationship between the two fields, they argue that there is an unrecognised implicit relation existing within the intersection of psychology and law, which they find works to the disadvantage of women. Both novel and controversial, and written in a highly accessible style, The Implicit Relation of Psychology and Law will engage readers from a wide range of disciplines including: psychology, law, critical theory, criminology and women’s studies. Fiona E. Raitt is a solicitor and a senior lecturer in law. M. Suzanne Zeedyk is a lecturer in psychology and co-editor of the Journal of Reproductive and Infant Psychology. Both are at the University of Dundee. The Implicit Relation of Psychology and Law Women and syndrome evidence Fiona E. Raitt and M. Suzanne Zeedyk London and Philadelphia First published 2000 by Routledge 11 New Fetter Lane, London EC4P 4EE http://www.psypress.co.uk Simultaneously published in the USA and Canada by Taylor & Francis Inc 325 Chestnut Street, Suite 800, Philadelphia, PA 19106 Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2001. © 2000 Fiona E. Raitt and M. Suzanne Zeedyk All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Raitt, Fiona E. The implicit relation of psychology and law : women and syndrome evidence / Fiona E. Raitt and M. Suzanne Zeedyk. p. cm. Includes bibliographical references and index. 1. Law–Psychological aspects. 2. Women–Psychology. 3. Women–Legal status, laws, etc. I. Zeedyk, M. Suzanne (Mary Suzanne), 1963– II. Title. K346. R35 2000 340'.19–dc21 00–028088 ISBN 0–415–14782–4 (hbk) ISBN 0–415–14783–2 (pbk) ISBN 0-203-13193-2 Master e-book ISBN ISBN 0-203-17912-9 (Glassbook Format) To Elizabeth Craig Morrin who shared with me her extraordinary sense of justice and lived her life by example Winifred Gene Zeedyk who, by believing in her boundaries, allowed me to break free of my own Jan Stephens who has nourished in me and so many others the courage to speak our truths Contents Table of cases ix Preface xiii Acknowledgements xvii 1 Introduction 1 2 The explicit relation 11 3 The implicit relation 36 4 Battered Woman’s Syndrome 63 5 Rape Trauma Syndrome 87 6 Premenstrual Syndrome 109 7 False Memory Syndrome 135 8 Moving beyond the implicit relation 162 Notes 185 References 192 Name index 217 Subject index 225 Table of cases American Law Reports Annotated 2nd Series (1960) 74 ALR 2d [and Supplement] Arcoren v United States 929 F 2d 1235, 1242, 8th Circuit (1991) B v R (1993) 110 ALR (High Court of Australia) Black v Ruxton 1998 SCCR 440 Brown v Board of Education, 347 US 483 (1954) Chorlton v Lings (1868) LR 4 CP 374 Crockett v Cohen (1969) 299 F Suppl 739 (WD Va) Daubert v Merrell Dow Pharmaceutical Inc 113 S Ct 2786 (1993); 125 L Ed 2d 469 (1993) Delia S v Torres 134 Cal App 3d 471 (1982) Dodson v State 24 Tex App 514 6 SW 548 (1887) DPP v Morgan [1975] 2 All ER 347 Folkes v Chadd [1782] 3 Doug KB 157 Frost v Chief Constable of the South Yorkshire Police [1997] 1 All ER 540 Frye v United States 293 F 1013, 54 App DC 46 (DC Cir 1923) General Electric Co et al. v Joiner 118 S Ct 512 (1997) Gier v Educational Service Unit 66 F 3d 940 (1995) Gillespie v State 49 Tex Crim 530 93 SW 556 (1906) Henson v State 535 ND2d 1189 (1989) Hobson [1998] 1 Cr App Rep 31 Ibn-Tamas v United States 407 A2d 626, 1979 DC Court of Appeals Ibn-Tamas v United States 455 A2d 893, 1983 DC Court of Appeals In re H (1983) Unreported, Lexis, Enggen library, Cases file. Isley v Capuchin Province et al. 878 F Supp 1021 (1995) Jamieson v HMA 1994 JC 88 Jex-Blake and Others v The Senatus Academicus of the University of Edinburgh 1873 SC 784 Lovato v Irvin (1983) 31 BR, 251 Bankruptcy Maguire and others [1992] 94 Crim App R 133 Meek v HMA 1983 SLT 280 Palmer v R [1971] 55 Crim App R 223 x Implicit relation of psychology and law People v Bledsoe 36 Cal 3d 236, 203 Cal Rptr 450 (1984) People v Reid 475 NYS 2d 741 (1984) People v Santos 1 K04 6229 (NYC Criminal Court, Kings County) (1982) Price Waterhouse v Hopkins 490 US 228 (Supreme Court) (1989) Processed Plastic v Warner Communications 675 F2d 852 (7th Cir1982) R v Ahluwalia [1992] 4 All ER 889 R v B [1996] Crim LR 406 R v Beer [1985] Unreported, Court of Appeal, Lexis transcript, 15 October 1985 R v Bonython (1984) 38 SASR 45 R v Byrne [1960] 3 All ER 1 R v CICB ex parte Webb [1987] QB 74 R v Craddock (1981) CLY Para 476 R v English (1982) Unreported, Norwich Crown Court, 10 November 1981 R v Henry and Manning [1969] 53 Cr App R 150 R v Humphreys [1995] 4 All ER 1008 R v Jenkins [1998] Crim LR 411 R v Lavallee [1990] 1 SCR 852 R v Mills [1997] AJ No 891; [1997] AJ No 1036; [1999] 180 DLR (4th) 1 R v Morhall [1995] 3 All ER 659 R v Morris [1988] 9 Cr App R (S) 528 R v NR [1997] OJ No 80 R v R [1991] 4 All ER 481 R v Reynolds [1988] Crim LR 679 R v Secretary of State for the Home Department ex parte Ejon [1997] Unreported, Queen’s Bench decision, Lexis transcript, 9 October 1997 R v Smith [1982] Crim LR 531 R v T [1990] Crim LR 256 R v Thornton [1992] 1 All ER 306 R v Thornton [1996] 2 All ER 1023 R v Turner [1975] QB 834 Ramona v The Superior Court of Los Angeles County 57 Cal App 4th 107 (1997) Ratliff v State Tex Crim 60 SW 666 (1901) Reid v Florida Real Estate Commission 188 So2d 846 (Fla Dis Ct App) (1966) Rutherford v HMA 1997 SCCR 711 Saliba v State 475 NE2d 1181 (1985) Scott v Hamilton 1988 SCCR 262 Stallard v HMA 1989 SCCR 248 State v Clark 27 Idaho 48 146 P 1107 (1915) State v Hines 696 A2d 780 (NJ 1997) State v Jackson NM 641 P2d 498 (1982) State v Kellar 8 ND 563, 80 NW 476, 73 Am St Rep 776 (1899) Implicit relation of psychology and law xi State v Kelly 97 NJ 178, 478 A2d 364 (1984) State v Marks 231 Kan 645, 647 P2d 1292 (1982) State v Myers 359 NW2d 604 (Minn 1984) State v Saldana 324 NW2d 227 (Minn 1982) State v Taylor 663 SW2d 235 (Mo 1984) State v Wanrow 88 Wash 2d 221, 559 P2d 548 (1977) Thomas v Lowe 1991 SCCR 943 Tingen v Tingen 251 Or 438, 446 P2d 185 (1968) Trear v Sills 82 Cal Rptr 2d 281 (1999) United States v Rouse and others (8th Cir 1995) http:/caselaw.findlaw.com Webb v EMO Air Cargo Ltd [1994] IRLR 482 Whidby v State 121 Ga 588 49 SE 811 (1905) Yother v State 120 Ga 204, 47 SE 555 (1904) Zamora v State 361 So2d 776 (1978) Preface Only if we understand what is at stake can we care about scientific questions. Margaret Wertheim1 We wrote this book because we are concerned about what is at stake for women when the science of psychology enters the legal realm. The relationship between law and psychology has, in the past two decades, become a strong and vibrant one. This is particularly true in the domain of the courtroom, where psychological explanations are used to account for a wide variety of behaviours. Our particular interest is in the way that psychological syndromes have increasingly been used to account for women’s behaviour. While many commentators have welcomed this trend, we wish to draw attention to its more detrimental consequences. We argue that there is an unacknowledged, implicit relation between the two disciplines, and it is one which operates to the disadvantage of women. As a lawyer and a psychologist, we set out to examine this inter-relation between our two disciplines and to consider ways in which it might be countered. As an applied epistemological project, our intention was always to produce a book that offered a critical account of the topic. That is not to say we deliberately set out to be captious, rather that we wished to theorise and to challenge some of the accepted tenets of our fields. Like others, we no longer find many of the mainstream theories operating within our disciplines convincing. Traditional textbook explanations and established ‘givens’ fail to provide adequate answers to our questions and to satisfy our intellectual concerns.
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