Psychology and the Law

Chapter 2The Legal System: Issues, Structures &

Players

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

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

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

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

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

Distributive and Procedural Justice

• procedural justice models

perceived fairness

procedures and rules

e.g., Miranda Rights

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)

Courts

U.S. Supreme Court

U.S. Federal Court of

Appeals (13 Courts)

U.S. Federal District Court (94 Courts)

Highest State Court of Appeals

State AppealsCourt

Local TrialCourt

Court of International

Trade

Court of Claims

Court of Military Appeals

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

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

Courts

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

Problem-Solving Courts

• combine the justice system with treatment-oriented principles

• tries to address underlying causes of antisocial behavior

• therapeutic jurisprudence

Problem-Solving Courts

• drug courts

• mental health courts

• homeless courts

• domestic violence courts

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

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

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

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

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

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

Chief Justice: John Roberts

Supreme Court Judges

Samuel Alito

Supreme Court Judges

Ruth Bader Gingsburg

Supreme Court Judges

Stephen Breyer

Supreme Court Judges

Elena Kagan

Supreme Court Judges

Anthony Kennedy

Supreme Court Judges

Antonin Scalia

Supreme Court Judges

Sonia Sotomayor

Supreme Court Judges

Clarence Thomas

Supreme Court Judges

State Judges

• selected in a variety of ways

partisan election

non-partisan election

appointment with retention election

State Judges

• selected in a variety of ways

partisan election

non-partisan election

appointment with retention election

How Do Judges Decide?

• 2 processes

intuitive processes: spontaneous

deliberative processes: require mental effort

judges appear to use this process more

Try the Cognitive Reflection Test

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

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

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

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