By Eugene Borgida, Susan T. Fiske
Past logic addresses the various vital and debatable matters that come up from using mental and social technological know-how within the court docket. every one bankruptcy identifies parts of clinical contract and war of words, and discusses how mental technological know-how advances our figuring out of human habit past universal sense.Features unique chapters written through a number of the top specialists within the box of psychology and legislations together with Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe EllsworthThe 14 matters addressed contain eyewitness id, gender stereotypes, repressed stories, Affirmative motion and the dying penaltyCommentaries written by way of prime social technology and legislations students speak about key felony and clinical topics that emerge from the technology chapters and illustrate how mental technology is or can be utilized within the courts
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Extra info for Beyond Common Sense: Psychological Science in the Courtroom
When these ﬁndings are considered in light of differences across racial groups in criminal victimization, criminal wrongdoing, and incarceration, however, some difﬁcult policy questions arise. Such policy questions extend beyond, and should not be reduced to, the goal of eliminating discrimination. Ultimately, the design of optimal social policy with respect to race and criminal justice system depends on a weighing of individual rights against the common good, both for particular groups and for society as a whole.
The ﬁndings reviewed above counter any assumption that discrimination is a relic of the past. The research clearly documents the continuing role of race in perception and decision-making, notwithstanding the adoption of the antidiscrimination principle and the moral condemnation of racial bias. 10 R. Richard Banks, Jennifer L. Eberhardt, and Lee Ross However, the studies identify a different species of discrimination than that which is most familiar to the lay public. The conventional view is that racial discrimination is overt, conscious, intentional, controlled, and categorical.
In the Supreme Court’s 1976 decision in Washington v. Davis, the Court seemed to conclude that a claim of racial discrimination in violation of the Equal Protection Clause of the Constitution requires a ﬁnding of discriminatory intent. ” Lower federal courts have generally followed the lead of the Supreme Court, speaking of discrimination as intentional, or as the result of a discriminatory purpose. The Supreme Court’s decision in Washington v. Davis, though, need not be read as exempting from prohibition racial discrimination that is prompted by unconscious bias.
Beyond Common Sense: Psychological Science in the Courtroom by Eugene Borgida, Susan T. Fiske