Emotion and the Law: Psychological Perspectives

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From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues:

  • Positive versus negative affect in legal decision making.
  • Emotion, eyewitness memory, and false memory.
  • The influence of emotions on juror decisions, and legal approaches to its control.
  • A terror management theory approach to the understanding of hate crimes.
  • Policy recommendations for managing affect in legal proceedings.
  • Additional legal areas that can benefit from the study of emotion.

Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycholegal researchers, forensic psychologists, and policymakers.

Author(s): Brian H. Bornstein, Richard L. Wiener (auth.), Brian H. Bornstein, Richard L. Wiener (eds.)
Series: Nebraska Symposium on Motivation 56
Edition: 1
Publisher: Springer-Verlag New York
Year: 2010

Language: English
Pages: 214
Tags: Personality and Social Psychology; Clinical Psychology; Law and Psychology

Front Matter....Pages 1-8
Emotion and the Law: A Field Whose Time Has Come....Pages 1-12
Affect in Legal and Forensic Settings: The Cognitive Benefits of Not Being Too Happy....Pages 13-44
Emotional Influences on Judgments of Legal Blame: How They Happen, Whether They Should, and What to Do About It....Pages 45-96
Explorations in Juror Emotion and Juror Judgment....Pages 97-132
Inner Terror and Outward Hate: The Effects of Mortality Salience on Bias Motivated Attacks....Pages 133-155
Truth in Emotional Memories....Pages 157-183
A Moody View of The Law: Looking Back and Looking Ahead at Law and The Emotions....Pages 185-210
Back Matter....Pages 1-4