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PSYCHOLOGY LAW NEWS American Psychology-Law Society, Division 41, American Psychological Association Summer 2009 Vol

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PSYCHOLOGY LAW NEWS American Psychology-Law Society, Division 41, American Psychological Association Summer 2009 Vol AMERICAN PSYCHOLOGY LAW NEWS American Psychology-Law Society, Division 41, American Psychological Association Summer 2009 Vol. 29, No. 2 Legal Update Judicial Decision Making Editor and Author: Jeremy Blumenthal, J.D., Ph.D. Syracuse University College of Law A prodigious amount of psycholegal work has been conducted over the last century on juror and jury decision-making (for reviews see, e.g., Devine, Clayton, Dunford, Seying, & Price, 2001; Greene et al., 2002), despite the rarity of jury trials (e.g., Galanter, 2004). Far less examined in the legal psychological literature is the decision-making of judges. Such study is important, however, for multiple reasons. First, a significant proportion of cases that do go to trial are heard by judges rather than juries. At the state level, overall, more bench trials than jury trials take place in criminal cases, although that is driven by non-felony cases. For felonies, even so, about a third of state trials are heard by judges. At the federal level, a non-negligible minority of criminal trials are before a judge rather than jury (Galanter, 2004). And the majority of state civil trials are bench trials, as are just under a third of federal civil trials (Galanter, 2004). Second, of course, a substantial amount of judicial activity—and virtually all judicial law- and policy-making—occurs at the appellate level, where, of course, only judges are involved. Thus, the psychological study of judicial decision-making is essential for understand- ing a substantial part of how law and policy is interpreted, made, and applied. Third, and related, those appellate judges almost always function in groups or panels—in the federal system, for instance, the interme- diate appellate courts (the Courts of Appeals for the different Circuits) utilize three-judge panels, and the U.S. Supreme Court has nine members. Typically, state courts are organized similarly. Accordingly, insights from social psychology and group decision-making literatures can be of substantial relevance (e.g., Wrightsman, 2006, p.58). To the extent psychologists have studied judicial decision-making and behavior, it has primarily been by discussing the psychological mechanisms that might be relevant, and noting how those mechanisms might affect such decision-making and behavior. In fact, research on judges has been far more common by political scientists and, to a lesser extent, economists. Such research—and I paint here with the broadest of brushes—has been motivated by at least four theories: the formalist model, the attitudinal model, Contents... the strategic model, and the litigant-driven model (e.g., Cross, 2003; Cross & Nelson, 2001). Presidential Column .......................................... 2 Law and Human Behavior Update .................... 3 The formalist model is in one sense the classic Langdellian view of the law as a Expert Opinion .................................................. 6 science—the law consists of particular rules, axioms, and deductive principles that Teaching Techniques .............................................8 can be applied in a logical, straightforward manner, and as a result, case outcomes EC Meeting Minutes ....................................... 10 can typically be predicted fairly clearly. Adherence to precedent, commitment to APA Div 41 Program ....................................... 10 the “rule of law,” and a perspective that personal or policy preferences do not and Research Briefs ............................................... 16 should not play a role in judicial decision-making are hallmarks of this approach Division News and Information ...................... 33 (see, e.g., Burbank, 2009). Nominations, Awards, & Announcements ...... 38 Calls for Conferences and Papers ................... 41 Few academics subscribe fully to the formalist model, despite empirical evidence Fellowships and Positions .............................. 44 suggesting that the law—rather than ideology—is a primary predictor of case Funding Opportunities.........................................45 outcome (Cross, 2003) (much like evidence showing that juries’ verdicts are prima- Student Section ............................................... 46 rily driven by the evidence at trial, rather than by personal characteristics). The Conference/Workshop/Grant Planners ........... 47 Continued on p. 4 AP-LS News Presidential Column Editorial Staff An Editorial by Saul Kassin, Div. 41 President Editor-In-Chief As this is my last Presidential Column, I state-run TV broadcast statements from Jennifer Groscup, J.D., Ph.D. can’t help but reflect on the allure of Divi- two Iranian-American scholars who “con- [email protected] sion 41 and the impressive work that we fessed” that they had unknowingly become do. It’s clear to me every time I pick up tools for Americans and Israelis. In case Past Editor-In-Chief anyone forgot, these statements serve as Barry Rosenfeld, Ph.D. the morning paper. [email protected] an historical reminder that governments In the Winter Newsletter, I marveled at throughout the world have a long history Associate Editors, Research Briefs what a difference a day makes—that day of using extreme tactics to extract and then Marc Boccanccini, Ph.D. being November 4, 2008. President Barack display knowingly false confessions for [email protected] Obama was elected preaching hope, propaganda purposes. Maria Hartwig, Ph.D. change, the closing of Guantanamo Bay, [email protected] and a firm opposition to the tortured use Speaking of confessions, in a story I am of torture in the interrogation of prison- watching closely, 22 year-old Amanda Associate Editor, Legal Update Knox, from Seattle, is on trial for a murder Jeremy Blumenthal, J.D., Ph.D. ers of war, enemy combatants, and terror- [email protected] ism suspects. Yet now, six months later, she almost certainly had nothing to do with law enforcement authorities fear the po- in Perugia, Italy—a few short miles from Associate Editors, Expert Opinion tential of an ugly backlash. In May, Dr. where my family and I spend time every Matthew Huss, Ph.D, M.L.S. George Tiller, an abortion provider, was summer. Knox had confessed under intense [email protected] gunned down in his Kansas church. From pressure from police and is now facing a Eric Elbogen, Ph.D. his jail cell after his arrest, the killer warned prosecutor who sees Satanism wherever [email protected] that similar violence would erupt else- he turns and is himself under indictment for where in the country. Two weeks later, an obstruction of justice and abuse of power Website Editor 88-year-old white supremacist opened fire (for excellent coverage of this case, see the Kevin O’Neil New York Times and CBS 48 Hours). [email protected] at the United States Holocaust Memorial Museum in Washington, D.C., killing a security guard. Let’s hope that these are Perhaps the most important development isolated incidents, not a Homeland Secu- of recent months, the effects of which may The American Psychology-Law Society rity crisis on the horizon. well ripple through our Division, hopefully News is a publication devoted to dissemi- in the form of research opportunities, is nation of information, news, and com- The stories and their aftermath that pique the National Academy of Sciences Report, mentary about psychology, mental my interest do not stop. Suspected released in February, Strengthening Foren- health, and the law. The newsletter is Craigslist killer Philip Markoff, a clean- sic Science in the United States. The Re- published three times per year; February, June, and October. Original contributions cut 22-year-old medical student, was ar- port bluntly concluded that many forensic are welcome, and will be published sub- rested for robbery and murder and will be labs are poorly funded; that many “ex- ject to editorial approval and space avail- tried in Boston. Human beings must have perts,” poorly trained, exaggerate the ac- ability. A limited amount of space is also strong implicit prototypes for the homi- curacy of their methods in court; and that available for advertising and unsolicited cidal maniac. It seems whenever a sus- scientific evidence of reliability or validity manuscripts. pect doesn’t look the part, the news me- does not exist in many forensic areas, par- dia come knocking on our doors. That ticularly those that require expert interpre- For information regarding editorial poli- must be why I’ve seen so many forensic tation (e.g., analyses of bite marks, tool cies contact the Editor, Jennifer Groscup, psychologists and wannabes quotes in marks, firearms, shoe impressions, tire Department of Psychology, Scripps Col- the news. tracks, blood spatter, handwriting, and lege, 1030 Columbia Ave. #4099, even latent fingerprints, which often require Claremont, CA 91711 or jennifer.groscup@scrippscollege. edu. Then there is narcissist-psychopath subjective judgment). A number of AP-LS Advertising inquiries should be directed Bernie Madoff, who apologized to his vic- members have been writing about these to Michele Galietta, Production Editor, tims in open court—an apology that no issues for some time. Now thanks to this via e-mail: galietta13@ aol.com. one thought sincere. On behalf of 14,000 consciousness-raising document the rest individual and institutional victims who of the world has caught up. The Address changes for APA members collectively lost an estimated $50 billion, Academy’s panel made several sugges- should be directed to APA Membership Madoff was
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