Encyclopedia of Psychology and Law

utility but cautions that amicus curiae briefs are most

often filed by large, resourceful organizations. While

amicus curiae briefs may prove helpful, researchers

including Kearney and Merrill caution that inequality in

organizational power, interest, and influence should be

considered when contemplating an amicus curiae brief.

The APA as a Friend

of the Court

The APA has been a prolific author of amicus curiae

briefs. It has submitted amicus curiae briefs in cases

presenting issues that can potentially affect the inter-

nal practices of the APA or its membership as well as

external issues of social import that may affect the

welfare of populations served by the APA. The topics

of APA amicus briefs cover a wide gamut, ranging

from scientific research and testing, psychological

practice, and treatment of the mentally ill to abortion,

sexual orientation, affirmative action, and the death

penalty. While the wide range of amicus curiae brief

topics are as diverse as the United States itself, in each

specific case, the APA perceived either an important

social value or an internal necessity in speaking as a

“friend of the court.”

The APA offers full-text copies of numerous ami-

cus curiae briefs on its Web site, including briefs

submitted in “landmark” cases. As an example, in

Planned Parenthood of Southeastern Pennsylvania

v. Casey(1992), the APA presented amicus briefs con-

taining extensive psychological research to assist the

Supreme Court’s scrutiny of a Pennsylvania law requir-

ing married women to obtain consent from their hus-

bands before obtaining an abortion. The APA’s amicus

brief presented research that such a restriction sup-

plants a woman’s rational choice and places an unfair

and potentially harmful burden on women who have

compelling reasons not to inform their husbands of

their choice. The Supreme Court found that the Penn-

sylvania law placed an unacceptable burden on women

and declared the law unconstitutional.

In the Court’s 2005 decision in Roper v. Simmons,

which presented the constitutionality of imposing

the death penalty on someone who was under 18

when the murder was committed, the APA presented

research on juvenile behavior, maturity, decision-

making ability, and criminology. In a 5:4 decision, in

which the research presented by APA was central,

the Supreme Court held that the Eighth Amendment

of the Constitution prohibits the imposition of the

death penalty on juveniles under the age of 18 when

the crime was committed.

Daniel W. Shuman

See also Expert Psychological Testimony; U.S. Supreme

Court

Further Readings

Barrett, G. V., & Morris, S. B. (1993). The American

Psychological Association’s amicus curiae brief in Price

Waterhouse v. Hopkins: The values of science versus the

values of the law. Law and Human Behavior, 17,201–215.

Ennis, B. J. (1984). Symposium on Supreme Court advocacy:

Effective amicus briefs. Catholic University Law Review,

33,603.

Fiske, S. T., Bersoff, D. N., Borgida, E., Deaux, K., &

Heilman, M. E. (1991). Social science research on trial:

Use of sex stereotyping research inPrice Waterhouse v.

Hopkins. American Psychologist, 46,1049–1060.

Kearney, J. D., & Merrill, T. W. (2000). The influence of

amicus curiae briefs on the Supreme Court. University of

Pennsylvania Law Review, 148,743.

Krislov, S. (1963). The amicus curiae brief: From friendship

to advocacy. Yale Law Journal, 72,694.

Planned Parenthood of Southeastern Pennsylvania. v. Casey,

505 U.S. 833 (1992).

PsycLAW: APA’s amicus briefs.(n.d.). Retrieved January 28,

2007, from http://www.apa.org/psyclaw/amicus.html

Roper v. Simmons, 543 U.S. 551 (2005).

Simpson, R. W., & Vasaly, M. R. (2004). The amicus brief:

How to be a good friend of the court(2nd ed.). Chicago:

American Bar Association.

Walbot, S. H., & Lang, J. H. (2003). Amicus briefs: Friend or

foe of Florida courts? Stetson Law Review, 32,269.

ANTISOCIALPERSONALITY

DISORDER

Antisocial personality disorder (ASPD) is charac-

terized by a lifelong pattern of behavior that vio-

lates the law and other people’s rights. Its primary

relevance to the field of psychology and law stems

from its association with criminal and violent

behavior, as well as its implications for attempting

to reduce the risk thereof through treatment. This

entry reviews the diagnostic criteria for ASPD, its

phenomenology (common attitudinal, cognitive,

28 ———Antisocial Personality Disorder

A-Cutler (Encyc)-45463.qxd 11/18/2007 12:41 PM Page 28