CJUS 640 – Quiz #1 KMS

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Psychology

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Jan 9, 2024

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Uploaded by ProfessorHedgehog3323

Psychologists play multiple roles in informing the law as advisers, evaluators, and reformers. As advisers, a psychologist can provide expert testimony in a legal proceeding, file amicus curiae briefs to educate judges on relevant psychological research or be a trial consultant. A psychologist may evaluate the effectiveness of a program or public policy as an evaluator. There are times when programs may be put into place so that psychologists can collect and analyze the data on these programs and policies in order to assist in determining the effectiveness and if they meet the stated goals (Costanzo & Krauss, 2021). As reformers, psychologists will ask whether they have adequate evidence to suggest changes in a system based on history and tradition to improve them. Many psychologists are uncomfortable when it comes to the role of the reformer. Promoting change means that the psychologist must step away from the role of being an objective scientist (Costanzo & Krauss, 2021). When considering the role of a reformer the individual would serve more as an activist who uses litigation to try and advance social change in the law. This usually would be aided by finding or using a psychologist whose research supports their case. Other areas of psychology that are relevant to some aspects of law and the legal system include developmental, social, clinical, and cognitive psychology. Psychologists in a court of law may be asked to speak on topics within their expertise. Following a divorce, a developmental psychologist may be called to lecture on custody arrangements that will promote the child's healthy development. Social psychologists can analyze if the group dynamic of a jury influences their verdicts. Clinical psychologists may address whether a defendant is competent to stand trial and finally, a cognitive psychologist could be requested to assess the accuracy of expert testimony (Costanzo & Krauss, 2021). Psychologists play diverse roles in informing the legal field, serving as advisors, evaluators, and reformers. As advisors, psychologists can offer expert testimony during legal proceedings, submit amicus curiae briefs to educate judges about pertinent psychological research or provide their expertise as trial consultants. As evaluators, psychologists may assess the effectiveness of programs or public policies, collecting and analyzing data to determine if they align with their stated objectives (Costanzo & Krauss, 2021). When psychologists take on the role of reformers, they question whether there is sufficient evidence to advocate for changes in established legal systems, often challenging tradition and historical norms. This role requires psychologists to step out of their traditional objective scientist role and become more akin to activists who utilize litigation to drive social change within the legal framework, often enlisting the support of psychologists whose research aligns with their cause. Beyond these roles, various subfields of psychology, such as developmental, social, clinical, and cognitive psychology, have relevance within the legal domain. Psychologists in legal settings may be called upon to share their expertise on specific topics. For instance, in divorce cases, a developmental psychologist might be summoned to provide insights on custody arrangements that support a child's healthy development. Social psychologists can examine how group dynamics within a jury might influence their verdicts. Clinical psychologists might evaluate a defendant's competency to stand trial, while cognitive psychologists may be tasked with assessing the accuracy of expert testimony (Costanzo & Krauss, 2021). These diverse roles and specialties within psychology collectively contribute to the multifaceted intersection between psychology and the legal system.

There are three core differences when examining the cultures of psychology and law. Most of these conflicting ideas stem from contrasting each culture’s goals, methods, and styles. One of the first and basic concepts often addressed is that psychology attempts to describe how people behave, whereas law attempts to dictate how people should behave (Costanzo & Krauss, 2021). The primary goal of psychology is to regulate human behavior. Psychological science focuses on finding the truth, while the legal system focuses on obtaining justice. Additionally, psychology emphasizes group characteristics, while law emphasizes the individual. Regarding methods, the law is based on authority, while psychology is based on empiricism. Psychology advances through scientific research, while law advances through court rulings and relies heavily on citing precedence; the law is also fluid and continually advancing. The judge's goal is not to stray too far from an established precedent. In psychology, the future-oriented culture depends on conducting ongoing research to obtain new data. According to the Code of Professional Ethics, lawyers must be advocates for their clients. In law, the attorney has to take their client's side. On the other hand, psychologists are more objective in their interpretation of data. It is typical for researching psychologists to disagree about the interpretation of data or defend a theory. Often, psychologists assume objective interpretations of their data even though they may subscribe to specific theories. (Costanzo & Krauss, 2021). When comparing the cultures of psychology and law, three fundamental distinctions arise, rooted in differences in their objectives, methodologies, and approaches. One primary distinction lies in their overarching goals: Psychology aims to describe human behavior, while law seeks to prescribe how people ought to behave (Costanzo & Krauss, 2021). Psychology's chief mission is to understand and regulate human conduct, emphasizing the pursuit of truth, while the legal system is primarily concerned with achieving justice, focusing on individual cases. The divergence between these fields extends to their methods as well. Law relies on established authority and precedent, while psychology is grounded in empirical research. Psychology advances through systematic scientific investigation, continuously seeking new data and insights. In contrast, the legal system evolves through court rulings and the reference to precedent, with judges striving to stay within established boundaries. Another critical contrast is the role of professionals in these domains. Attorneys, as per the Code of Professional Ethics, are mandated to be advocates for their clients, firmly taking their side in legal matters. Conversely, psychologists adopt a more objective stance when interpreting data, allowing room for differing perspectives and theories among research psychologists. Despite these variations, psychologists maintain objectivity in data interpretation, even if they hold specific theoretical positions (Costanzo & Krauss, 2021). These distinctions in goals, methodologies, and roles underscore the unique cultures of psychology and law.

At the most basic level, the primary difference between psychology and law is that "psychology tells us how people actually behave, and the law tells us how people ought to behave" (Costanzo & Krauss, 2021). The law seeks to regulate human behavior and administer punishment to those who behave in a way in which the law bids to render an approximation of justice. It is an approximation because the law aims to resolve disputes by assimilating the haziness of a case and rendering a final, equivocal decision in a clear ruling. The law emphasizes individual cases that can be precedents for future cases and lawyers who advocate for a particular version of events or interpretation of evidence (Costanzo & Krauss, 2021). In contrast, psychology has a primary goal of providing complete and accurate explanations of human behavior while striving for an approximation of truth. Psychology emphasizes the characteristics of groups and is based on empiricism. Psychological scientists live in a future-oriented culture where they believe our current understanding of human behavior should be continually revised as there is new and extensive data forthcoming all of the time. Psychology's ideal is objectivity despite the humanness of researchers who may have their personal values influence their research topics; in other words, some researchers might be biased regarding specific topics. The scientific community helps to keep objectivity in research findings through published research findings that are then scrutinized by other members of the scientific community (Costanzo & Krauss, 2021). Overall, the law utilizes case-methods techniques, whereas psychology employs scientific methods. Psychology emphasizes the possibility of a cause or effect, while the law demands a clear-cut solution. Laws must determine the matter in a fair, impartial, and just manner, while psychology focuses on gathering evidence and data to support the truth. Based on this information, the system that is more open to change is psychology. Even if psychology research can only offer partial solutions, it can provide insight and the ability to reform the justice system in some issues. At its core, the critical distinction between psychology and law lies in their fundamental objectives, as succinctly stated by Costanzo and Krauss (2021): "Psychology tells us how people actually behave, and the law tells us how people ought to behave." The law's primary function is to govern human behavior, administering consequences to those who act contrary to its prescribed standards in pursuit of an approximation of justice. This approximation stems from the law's role in resolving disputes by clarifying the complexities of a case and delivering a definitive, albeit sometimes ambiguous, judgment. It emphasizes individual cases that can serve as precedents for future legal matters, with lawyers advocating specific interpretations of events and evidence. In contrast, psychology's central mission is to provide comprehensive and accurate explanations for human behavior, with a commitment to approximating the truth. Psychology focuses on the attributes of groups and operates within an empirical framework. Psychological scientists operate within a forward-looking culture, continuously revising our understanding of human behavior as new and extensive data becomes available. Objectivity is the ideal in psychology, even though researchers, influenced by personal values, may introduce biases in their research topics. The scientific community plays a role in maintaining objectivity by subjecting published research findings to scrutiny by peers (Costanzo & Krauss, 2021).

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