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The Psychological Foundations of Evidence Law (Paperback)
Loot Price: R989
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The Psychological Foundations of Evidence Law (Paperback)
Series: Psychology and the Law
Expected to ship within 12 - 17 working days
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Identifies and evaluates the psychological choices implicit in the
rules of evidence Evidence law is meant to facilitate trials that
are fair, accurate, and efficient, and that encourage and protect
important societal values and relationships. In pursuit of these
often-conflicting goals, common law judges and modern drafting
committees have had to perform as amateur applied psychologists.
Their task has required them to employ what they think they know
about the ability and motivations of witnesses to perceive, store,
and retrieve information; about the effects of the litigation
process on testimony and other evidence; and about our capacity to
comprehend and evaluate evidence. These are the same phenomena that
cognitive and social psychologists systematically study. The rules
of evidence have evolved to restrain lawyers from using the most
robust weapons of influence, and to direct judges to exclude
certain categories of information, limit it, or instruct juries on
how to think about it. Evidence law regulates the form of questions
lawyers may ask, filters expert testimony, requires witnesses to
take oaths, and aims to give lawyers and factfinders the tools they
need to assess witnesses' reliability. But without a thorough
grounding in psychology, is the "common sense" of the rulemakers as
they create these rules always, or even usually, correct? And when
it is not, how can the rules be fixed? Addressed to those in both
law and psychology, The Psychological Foundations of Evidence Law
draws on the best current psychological research-based knowledge to
identify and evaluate the choices implicit in the rules of
evidence, and to suggest alternatives that psychology reveals as
better for accomplishing the law's goals.
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