Social Science in Law: Cases and Materials

The title provides an overview of how American courts use research and testimony from the social sciences in reaching their decisions, organized around Daubert v. Merrill Dow Pharmaceuticals, Inc. and Roper v. Simmons. It offers a revised and up-to-date treatment of the critical role social science research plays in judicial opinions.

Format: Hardback
Length: 722 pages
Publication date: 28 February 2022
Publisher: West Academic Publishing

This title provides an engaging and comprehensive exploration of how American courts utilize research and testimony from the social sciences to inform their decisions. It is structured around Daubert v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence, and a series of recent cases, beginning with Roper v. Simmons, where the Court explicitly relied on social science evidence to revolutionize the process of criminal sentencing. The tenth edition offers a thoroughly revised and updated treatment of the growing significance of social science research in both federal and state judicial opinions.

The use of social science research and testimony in American courts has undergone a significant transformation in recent years. In the landmark case of Daubert v. Merrill Dow Pharmaceuticals, Inc., the Supreme Court established a framework for evaluating scientific evidence in court. This decision marked a shift towards a more rigorous and scientific approach to the admissibility of evidence, which has been further reinforced by subsequent cases such as Roper v. Simmons.

These cases have demonstrated the importance of social science research in understanding the factors that contribute to criminal behavior, as well as in developing effective sentencing policies. Social science research has helped courts to better understand the impact of factors such as poverty, social exclusion, and mental health on criminal behavior, leading to more individualized and effective sentencing practices.

Furthermore, social science research has been used to inform policy decisions related to criminal justice, such as the development of rehabilitation programs and the implementation of evidence-based practices in the criminal justice system. By incorporating social science evidence into court decisions and policymaking, American courts are striving to create a more just and equitable criminal justice system.

However, the use of social science research in the courts is not without its challenges. There are concerns about the reliability and validity of social science evidence, as well as the potential for bias and discrimination in the interpretation and application of social science research. To address these concerns, courts have developed guidelines and standards for evaluating social science evidence, such as the Daubert standard and the Federal Rules of Evidence.

In conclusion, the use of social science research and testimony in American courts has played a crucial role in shaping criminal justice policy and practice. By relying on evidence-based approaches to understanding criminal behavior and developing effective sentencing policies, courts are working to create a more just and equitable criminal justice system. However, there is still room for improvement in the evaluation and application of social science evidence, and ongoing efforts to address these challenges are essential to ensuring that social science research is used to inform court decisions in a fair and unbiased manner.

Weight: 1386g
Dimension: 198 x 261 x 34 (mm)
ISBN-13: 9781647083090
Edition number: 10 Revised edition