Making law modern: Toward a contextual model of justice.

Haney, Craig

doi:10.1037/1076-8971.8.1.3

Cited by 23 publications

(31 citation statements)

References 110 publications

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“…From a broader perspective, the contextual orientation of community psychology has evolved into clinical psychology (Lundberg, 1998), been integrated into theories of human development (Wachs & Kohnstamm, 2001), and spurred the formulation of a contextual model of legal policy and justice, which emphasizes context-sensitive approaches to legal issues such as risk assessment, personal responsibility and liability, and judicial decision-making (Fondacaro, 2000;Haney, 2002). Taken together, these developments are shaping an underlying shift in scientific paradigms toward a value-driven, humanitarian approach in which the paramount goal is to understand the context of individuals' lives (Fishman, 1999).…”

Section: Resultsmentioning

confidence: 99%

Social Contexts: Transcending Their Power and Their Fragility

Moos¹

2003

American J of Comm Psychol

107

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For more than four decades, my colleagues and I have examined how social contexts and individuals influence each other. To provide a perspective on this work, I describe some lessons we have learned: situational influence exemplifies both the power and fragility of social contexts; common aspects of settings underlie their power, for better and for worse; individuals' health and well-being is affected by powerful forces in eight domains; and intervention programs are powerful settings that encompass risks as well as rewards. I then note some unresolved questions, such as how to balance the risks and rewards of powerful environments, how to better understand the interplay between individuals and the social contexts they select and create, how to learn from the fact that many people overcome the power of traumatic social contexts, and how to apply our knowledge to balance the risks and rewards of individual and community contexts.

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Section: Resultsmentioning

confidence: 99%

Social Contexts: Transcending Their Power and Their Fragility

Moos¹

2003

American J of Comm Psychol

107

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“…Consistent with the individualism that characterizes our legal doctrines and cultural traditions (e.g., Haney, 2002), media accounts of criminality tend to focus intensely on individual criminal acts, often highlighting their most heinous aspects or features, and locate the origins of illegal behavior inside the evil traits of its perpetrators. The media's reliance on individualistic explanations for crime and criminality is longstanding.…”

mentioning

confidence: 99%

Capital Constructions: Newspaper Reporting in Death Penalty Cases

Haney

Greene

2004

Anal Soc Iss & Public Policy

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This study evaluates aspects of newspaper reporting about death penalty cases and capital defendants. In a content analysis of newspaper coverage of a representative sample of 26 death penalty‐eligible defendants who were brought to trial in California, we found that articles tended to cite primarily from law enforcement and prosecutorial sources, focused very heavily on the characteristics of the crime, and omitted or de‐emphasized most other aspects of the case. News coverage generally failed to place the criminal behavior of the defendant in any social historical or contextual framework from which readers (as potential voters and jurors) could grasp the potential mitigating elements of the case. We conclude that newspaper coverage of capital crimes may influence public support for the death penalty, and undermine public appreciation of the role of social contextual factors in crime causation in general. It also may bias the perspective with which potential jurors approach specific capital trials and even contribute to the lack of instructional comprehension that has been found to plague the death sentencing process.

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“…Clearly communicated in this set of opinions is a clash between the goals traditionally held by social scientists and those in the legal arena, where the desire of the legal system is to obtain certainty and finality, and where social scientists strive to couch their work not in certainty, but in probability (Haney, 1980; Popper, 1963/1989). This divergence emphasizes the ever‐evolving nature of social research, in conflict with the tradition and stagnancy of the law (see Haney, 2002, for a related argument).…”

Section: Reflections On Evidence and Inferences In Social Science Andmentioning

confidence: 99%

“…at 35). Nonetheless, many would argue that, as people residing within communities and societies who have shared norms and standards for behavior (Merton, 1968), it is impossible for us to objectively evaluate such principles without some dependence on social theories (Barata & Senn, 2003; DuBois, 1983; Haney, 2002).…”

Section: Reflections On Evidence and Inferences In Social Science Andmentioning

confidence: 99%

The Use of Research in the Seattle and Jefferson County Desegregation Cases: Connecting Social Science and the Law

Tropp

Smith

Crosby

2007

Anal Soc Iss & Public Policy

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On June 28, 2007, a plurality of the United States Supreme Court held that two public school desegregation plans, which relied in part on racial classifications, violated the Equal Protection clause of the Fourteenth Amendment. This article provides an overview of the cases and discusses the ways in which examples of social science research were used and interpreted by Justices on both sides of the issue. We also describe some differences in perspective between social scientific and legal traditions and offer insights about connections between these perspectives in this and future work.

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Making law modern: Toward a contextual model of justice.

Abstract: I am grateful to Albert Bandura, Lee Ross, and M. Brewster Smith for thoughtful readings of a much earlier version of this article, and also to three thoughtful reviewers of this journal for their useful comments.

Cited by 23 publications

References 110 publications

Social Contexts: Transcending Their Power and Their Fragility

Social Contexts: Transcending Their Power and Their Fragility

Capital Constructions: Newspaper Reporting in Death Penalty Cases

The Use of Research in the Seattle and Jefferson County Desegregation Cases: Connecting Social Science and the Law

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