NCJ Number
60064
Date Published
1979
Length
181 pages
Annotation
THE INTERACTION BETWEEN LAW AND PSYCHOLOGY AND ITS RELATION TO THE COURT IS BROKEN DOWN INTO THREE METHODS, TRADITIONAL, REFORM, AND RETHINKING, AND THEN ANALYZED.
Abstract
THE TRADITIONAL METHOD EMPHASIZES THE LEGAL ASPECTS OF A CRIMINAL SITUATION, VIEWS PSYCHOLOGY AS A HINDRANCE OF A MINOR HELP TO THE COURT PROCESS, AND STRESSES PUNISHMENT RATHER THAN REHABILITATION. THE SECOND METHOD, REFORM, IS DOMINANT IN BOTH THEORY AND PRACTICE IN THE 1970'S. IT VIEWS PSYCHOLOGY AS AN IMPORTANT AID IN THE LEGAL SYSTEM; HOLDS THAT PSYCHOLOGICAL KNOWLEDGE MAKES THE LEGAL SYSTEM MORE HUMANISTIC AND EFFECTIVE; AND EMPHASIZES REHABILITATION RATHER THAN PUNISHMENT. THE THIRD METHOD, AND THE ONE ADVOCATED THROUGHOUT THIS BOOK, IS THE RETHINKING METHOD. THIS METHOD STARTS WITH IDENTIFYING THE BASIC DETAILS OF SITUATION, REANALYZING THEM, FOSTERING ANALOGIES TO COMPARABLE SITUATIONS, AND ATTEMPTING TO FIND THROUGH SUCH EXAMINATION THE PROPER INTERACTION OF LAW AND PSYCHOLOGY IN THE COURTS. AT LEAST TWO MAJOR PRINCIPLES FORM THE RETHINKING METHOD: (1) THE WAY TO SOLVE A PROBLEM IS FIRST TO DEFINE IT SPECIFICALLY AND TO FOCUS INTENSELY ON THE PROBLEM ITSELF AND NOT ON THE DISTRACTING ELEMENTS WHICH SURROUND IT; (2) IT IS NECESSARY TO SEPARATE THE PROBLEM COMPONENTS INTO THEIR CONSTITUENT PARTS IN ORDER TO DEAL WITH THOSE AND NOT BE MISLED INTO MAKING EACH PART OF THE SOLUTION CONTINGENT ON ALL OTHER PARTS. THE METHOD RECOGNIZES THAT SOME PEOPLE DO COMMIT SERIOUS CRIMES, SUCH AS MURDER, ASSAULT, AND BATTERY, AND THAT THEY SHOULD BE SWIFTLY AND EFFECTIVELY ARRESTED AND TRIED. YET, IT ADVOCATES PEOPLE WHO DO NOT COMMIT SUCH CRIMES, WHETHER THEY BE TRUANT, SEXUALLY DEVIANT, OR SUBSTANCE ABUSERS, BE LEFT ALONE. EACH CHAPTER IN THE BOOK COMPARES THESE THREE WAYS OF HANDLING PROBLEMS IN RELATION TO SUCH TOPICS AS PUNISHING YOUNG CRIMINALS, AWARDING CUSTODY, AND FACING ETHICAL ISSUES IN COURT SETTINGS. CHAPTERS ALSO DISCUSS RETHINKING THE INTERACTIONS OF LAW, PSYCHOLOGY, AND THE COURTS, DECIDING WHEN TO PUNISH AND WHEN TO REHABILITATE, HANDLING RUNAWAYS, FURNISHING LEGAL SERVICES TO YOUNG PEOPLE, TREATMENT IN THE COURT CLINIC SETTING, DETERMINATION OF COMPETENCY TO STAND TRIAL, AND APPLICATION OF THE RETHINKING METHOD. THE BOOK PROVIDES REFERENCES AND AN INDEX. (MJW)