By Fiona Raitt, Suzanne Zeedyk
ISBN-10: 0203170628
ISBN-13: 9780203170625
ISBN-10: 0415147832
ISBN-13: 9780415147835
The Implicit Relation of Psychology and legislation brings an leading edge, feminist research to those affiliated fields. as well as the specific dating among the 2 fields, they argue that there's an unrecognised implicit relation latest in the intersection of psychology and legislations which they locate works to the drawback of ladies.
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Extra resources for The Implicit Relation of Psychology and Law: Women and Syndrome Evidence (Critical Psychology Series)
Sample text
Although the judgement was expressly concerned with psychiatric evidence, the rule applies to all psychological evidence. Critics have attacked the assumptions about common sense on which the rule was founded. For example, Colman and Mackay (1993) describe a range of behavioural phenomena, such as obedience to authority, group polarisation, cognitive dissonance, and bystander apathy, for which studies have demonstrated the fallacy of treating human behaviour as ‘transparent’. Empirical research has revealed the extent to which people behave in ways counter-intuitive to common sense predictions.
Problems with the general acceptance standard have for a long time been debated. As the margins of scientific knowledge expanded, confusion grew over the boundaries that demarcated expert knowledge from everyday experience. Did normal human behaviour require specialist explanation; why was common sense not sufficient? There was disagreement in the courts regarding which levels of scientific study required to be generally accepted – a theory? a technique? scientists’ conclusions? all of these? What if there was disagreement at some of these levels but not others?
The principles of the Frye test were often invoked even where the term ‘general acceptance’ was not used explicitly or the Frye case was not cited (Bernstein, 1996: 127). In effect, general acceptance came to be regarded as a barrier against the inclusion of unorthodox, unreliable, untrustworthy theories and techniques. This reasoning has been applied in the courts to a variety of topics, including the detection of narcotics, voiceprint identification, electron microscopic analysis in testing for gunshot residue, neutron activation analysis in blood testing, and syndrome evidence.