Law and Psychology Review

Articles from Vol. 31, Annual

A Call for Precedential Heads: Why the Supreme Court's Eyewitness Identification Jurisprudence Is Anachronistic and Out-of-Step with the Empirical Reality
All the evidence points rather strikingly to the conclusion that there is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says, "That's the one!" (1) Do you solemnly swear before...
Atkins' Wake: How the States Have Shunned Responsibility for the Mentally Retarded
Few issues in the United States have divided public sentiment in the way that the death penalty has. Whatever number may disapprove of the punishment in general, a greater majority are opposed to its use on the insane or the incompetent. (1) Until...
Criminal Insanity and Mens Rea: A Discussion of Alabama Insanity Law and the Role of Psychiatrists in Determining Criminal Insanity
In Clark v. Arizona, (1) the United States Supreme Court restricted a defendant's use of mental illness evidence to the insanity defense, (2) rejecting Clark's argument that mental illness evidence should be allowed for the purpose of negating mens...
Explaining Juvenile False Confessions: Adolescent Development and Police Interrogation
I. INTRODUCTION In May 1998, sixteen-year-old Allen Chesnet cut his hand while working in his Maryland basement. (1) A reporter noticed Allen's bleeding hand while researching a story on a murder victim who lived nearby. (2) Suspecting Allen's involvement...
Gender Matters in the Insanity Defense
To focus on gender is to question everything. (1) I. INTRODUCTION Gender has been well-established as a fruitful subject of research with an extensive body of literature. Yet some experts contend that, given the impact gender can have in a court...
"Mock" Mock Juries: A Field Experiment on the Ecological Validity of Jury Simulations
I. INTRODUCTION In an effort to provide insight for legal and public policy decisionmaking, jury researchers conduct jury simulation experiments because they can be performed in a repeatable and scientific manner, whereas systematic studies of juror...
Selecting the Guilty Perpetrator: An Examination of the Effectiveness of Sequential Lineups
Justice cannot be for one side alone, but must be for both. (1) I. INTRODUCTION In September of 1985 at a criminal trial, a rape victim pointed to Dennis Brown and exclaimed, "[h]e's the man." (2) She motioned close to her nose and further elaborated,...
The Effects of Using Social Scientific Rape Typologies on Juror Decisions to Convict
I. INTRODUCTION AND STATEMENT OF THE RESEARCH PROBLEM Rape prosecutions present unique difficulties for the justice system. (1) According to the Bureau of Justice Statistics, rape remains one of the most under-reported of all crimes, as only 36%...
The Judicial Response to Psychopathic Criminals: Utilitarianism over Retribution
For centuries, mentally ill criminals have proved themselves a grave difficulty for the judicial system. (1) However, recent advances in science and psychology have provided a better understanding of the effects of various mental disorders and diseases....
The Role of News Media in Shaping and Transforming the Public Perception of Mexican Immigration and the Laws Involved
I. INTRODUCTION The news media is a powerful tool because it provides the public with crucial information; but more importantly, the manner in which news pieces are presented can determine how viewers form their opinions about different public issues....
The University-Student Relationship Amidst Increasing Rates of Student Suicide
The rate of suicide among people between the ages of fifteen and twenty-four has tripled in the last half century, (1) rising to a level some experts deem "epidemic." (2) Suicide is the second leading cause of death among this age group, (3) yet the...