1. Psychology and the Law
Chapter 2
The Legal System: Issues, Structures & Players

2. 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

3. 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

4. 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

5. 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

6. 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

7. Distributive and Procedural Justice
• procedural justice models
 perceived fairness
 procedures and rules
 e.g., Miranda Rights

8. 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)

9. Courts
U.S. Supreme Court
U.S. Federal
Highest State Court of
Court of
Court of Military
Appeals (13
Appeals Appeals
Courts)
U.S. Federal
State Appeals
District Court Court of Claims
Court
(94 Courts)
Court of
Local Trial
International
Court
Trade

10. 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

11. 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

12. Courts

13. 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

14. Problem-Solving Courts
• combine the justice system with treatment-oriented
principles
• tries to address underlying causes of antisocial behavior
• therapeutic jurisprudence

15. Problem-Solving Courts
• drug courts
• mental health courts
• homeless courts
• domestic violence courts

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. Supreme Court Judges
Chief Justice:
John Roberts

23. Supreme Court Judges
Samuel Alito

24. Supreme Court Judges
Ruth Bader
Gingsburg

25. Supreme Court Judges
Stephen Breyer

26. Supreme Court Judges
Elena Kagan

27. Supreme Court Judges
Anthony
Kennedy

28. Supreme Court Judges
Antonin
Scalia

29. Supreme Court Judges
Sonia Sotomayor

30. Supreme Court Judges
Clarence Thomas

31. State Judges
• selected in a variety of ways
 partisan election
 non-partisan election
 appointment with retention election

32. State Judges
• selected in a variety of ways
 partisan election
 non-partisan election
 appointment with retention election

33. How Do Judges Decide?
• 2 processes
Try the
 intuitive processes: spontaneous Cognitive Reflection Test
 deliberative processes: require mental effort
judges appear to use this
process more

34. 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

35. 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

36. 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

37. 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