Psychology's influence on constitutional interpretation: A comment on how to succeed.
- 1 April 1991
- journal article
- Published by American Psychological Association (APA) in Law and Human Behavior
- Vol. 15 (2) , 205-211
- https://doi.org/10.1007/bf01044618
Abstract
When organized psychology files amicus briefs with the Supreme Court and other courts, it does so for a variety of reasons and seeks to advance a number of policy objectives. The thesis of this article is that pursuit of some of those objectives is improper and that their pursuit threatens to defeat other objectives. Psychology's expertise is not in constitutional analysis; it is in the study of human behavior. As a practical matter, to pretend to do the former is to weaken our effectiveness in describing the latter. In public interest cases, when acting as a true friend of the court, APA's obligation is to share with the court what empirical research and theory tell us about human behavior, and not to argue for any particular outcome of the case before the court.Keywords
This publication has 6 references indexed in Scilit:
- The Fourteenth Amendment and symbolic legality: Let them eat due process.Law and Human Behavior, 1991
- Preventive detention and execution: The constitutionality of punishing future crimes.Law and Human Behavior, 1991
- Organized psychology's efforts to influence judicial policy-making.American Psychologist, 1987
- Social science data and the Supreme Court: Lockhart as a case in point.American Psychologist, 1987
- Social Authority: Obtaining, Evaluating, and Establishing Social Science in LawUniversity of Pennsylvania Law Review, 1986
- Mental Health LawPublished by Springer Nature ,1983