Training Lawyers in Behavioral Science and Its Applications

Abstract

Behavioral science can be of assistance to the legal profession in (1) substantive development of the law from interdisciplinary contributions and (2) improvement of professional skills. A questionnaire sent to law professors teaching law and psychiatry and law and society courses reveals some of the innovative programs offered to some law students. Bar associations also are becoming interested in providing continuing education in this area. Professionals of both behavioral science and law should be encouraged to increase areas of communication between the disciplines.

A historical review and resource guide to the scholarship of teaching and training in psychology and law and forensic psychology.

“…Early work (Ebaugh & Jefferson, 1932; MacDonald, 1958; Zusman, 1974) surveyed the availability of psychology, psychiatry, and social science courses in American law schools, finding that 17% of law schools offered such courses in 1932, 25% did by 1958, and nearly half did by 1974. The first in-depth analysis of such courses (Foster, 1976) revealed that professors from both law and social science disciplines were teaching a mix of law and non-law students courses that focused on psychology and law broadly as well as some specialty topics. Although professors generally endorsed training law students in psychological principles (Foster, 1976) and approved of teaching social science to law students (Zusman, 1974), there was little development of such training in law schools.…”

“…The first in-depth analysis of such courses (Foster, 1976) revealed that professors from both law and social science disciplines were teaching a mix of law and non-law students courses that focused on psychology and law broadly as well as some specialty topics. Although professors generally endorsed training law students in psychological principles (Foster, 1976) and approved of teaching social science to law students (Zusman, 1974), there was little development of such training in law schools. Almost 25 years later, only 47% of Canadian law schools reported having scholarly exchange with psychology programs, 20% offered courses taught by psychologists, and 20% offered psychology and law courses (Ogloff, 1990).…”

“…In the years between those two articles, three publications focused on integrating clinical-forensic topics into law courses, including teaching law students how to question assumptions about laws addressing psychological issues (Wexler, 1990), what role psychology has in the legal system (e.g., expert testimony, Shealy, 1977), and how mental health issues might affect cases (e.g., competence to stand trial, Shealy, 1977; Watson, 1963). Five other articles reviewed the prevalence and nature of integrated psychology and law courses offered in law (Foster, 1976; Monahan & Walker, 1985), medical (Felthous & Miller, 1989), and psychology programs (Grisso et al, 1982; Liss, 1992). In 1982, Grisso et al voiced concern that there appeared to be no “core” topics across such courses, but by 1992, Liss reported that “core” topics (i.e., psychological and legal theories, jury research, eyewitness behavior, insanity defense, and expert witness testimony) occurred with great frequency, appearing in 43% to 74% of graduate and undergraduate psychology and law classes.…”