PSY 371 Chapter Notes - Chapter 2: Procedural Justice, Black Letter Law, Jury Trial
9 Mar 2016
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Evidence is gathered and presented by both sides. Judge does not actively engage in questioning . Human creations, help resolve conflict, help protect the public, Jurors, judges, lawyers, defendants, victims, expert witnesses, prison. Emphasizes the rights of the individual over temptation by society to presume somebody guilty. Seeks apprehension and punishment of law breakers. Rights of the individual vs. common good. Science vs the law as a source of decisions. Law: precedents, absolutes, contrasting views of reality. Psych: scientific methods, probabilities, one refined view or reality. Punishment should be consistently related to the magnitude of the offense. Tendency for different judges to administer a variety of penalties for the same crime. Judges and parole commisions have little say. Case law: the law made by judges ruling in individual cases. Stare decisis: let the decision stand principle. Roles of psycologists in the legal system: May be used to provide forensic mental health assessments.
