Showing papers by "John Monahan published in 1991"
TL;DR: The authors review and critique the approaches that courts have traditionally taken to dealing with each form of social research and propose a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.
Abstract: American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research associal authority, fact-finding research associal fact, and context-providing research associal framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.
35 citations
Journal Article•
6 citations