Document Type

Article

Publication Date

1988

Publication Citation

66 North Carolina Law Review 741 (1988)

Abstract

A concern of some legal commentators is that lawyers may use psychological persuasion techniques to gain an unfair advantage over their courtroom opponents and subvert the justice system. In this Article, the Tanfords respond to an earlier Article in which Professor Victor Gold raised such concerns. The Tanfords argue that commentators like Gold misunderstand jury behavior and trial process, exaggerating the negative impact of lawyers aided by psychologists. To the contrary, lawyer/psychologist collaboration improves rational decision making by identifying existing biases and devising strategies to correct them. The Tanfords conclude these benefits outweigh any possible abuse, and no reason exists to fear scientific knowledge or to control its infusion into the trial process.

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