Tuesday, September 24, 2019
Law and Behavior Essay Example | Topics and Well Written Essays - 1500 words
Law and Behavior - Essay Example The emphasis is on law, with the psychologists being used by the lawyers to enhance their operations. For instance if it is claimed that the person who has been accused is mentally unstable, the psychologist will be asked to give his expert opinion on this. He or she will have to carry out an analysis including psychological tests so as to come up with a conclusion on the person's mental state. A criminal lawyer can use the theories of psychology so as to enhance his or her trial strategy (Ogloff and Schuller 1998). The main focus is on how the legal system can prepare and adapt to the inclusion of psychologists in the law and in the legal system. The psychologists should also find ways of changing their work so as to meet the needs and requirements of the legal system. Forensic psychologists have used it for a long period of time in the United States and it is only recently that the lawyers acknowledged their relevance in the execution of justice (Kapardis 2003). Psychology and law interrelate in many ways and can benefit each other. Psychology can give better understanding of the behavior of criminals and sometimes it can show how a person can be rehabilitated. Psychologists may help the criminal lawyers because they assist in the selection of people who are suitable for acting as the jury. They are also a part of the analysis and presentation of evidence and arguments brought to the courts. Such matters like criminal law, procedures, insanity defense, decreased capacity, competency for trial relies a lot on the contributions of a qualified psychologist. The execution of law has been improved largely by the work of psychologists (Sherman & Hoffman 2007). Law and Psychology are two fields that have various contrasting fundamentals. According to Ogloff and Schuller, law is stare deices, while psychology is based on creativity. In law there are past cases and precedents, which are used as a foundation for the development of the legal arguments. The judges even make the rulings according to the legal precedents that were made years before. In contrast, the model adopted in psychology is one of innovation and creativity. Thus psychologists are encouraged to use new ways and ideas in their research and in dealing with their patients (Ogloff and Schuller 1998). While law is hierarchical, psychology is empirical. The decisions in the legal system are hierarchical and authoritative. The lower courts are constrained by the rulings of the higher courts. On the other hand, psychology is the accumulation of consistent and supporting data. The data derived is used to confirm whether a claim or position is valid or not. It is not based on an authoritative statement. (Ogloff and Schuller 1998) The law is reliant on the adversarial methods but psychology is dependant on experimental techniques. To reach the truth, in law, conflicting viewpoints are presented with each side putting forward its best case. Prejudice and egotism are intrinsic part of law and they are both allowable and encouraged as the best procedures. Psychologists arrive at the truth by trying to understand a certain incident through the use of data gathering techniques. They try to reduce the bias and
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.