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Chuck Otey’s Pro Bono Barrister for April 7

April 7, 2017 By Chuck Otey, Esq. Brooklyn Daily Eagle
Sara Gozo. Eagle file photo by Rob Abruzzese
Sara Gozo. Eagle file photo by Rob Abruzzese
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What Role Does Social Psychology Play in the Law?

The Brooklyn Women’s Bar Association (BWBA), led by President Sara Gozo, will delve into “Social Psychology and the Law” at its upcoming April 20 meeting, which will be held at the Brooklyn Bar Association, 123 Remsen St., starting at 6 30 p.m. The guest speaker will be Nora Constance Marino, Esq.

Participants will receive two CLE credits in the area of professional practice and admission is free to BWBA members, according to administrator Jennifer Fiorentino.

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Trial lawyers know that more and more courts are being flooded with new types of expert testimony. Rigorous tests arising out of the landmark Daubert & Frye rules are routinely cited to prevent a party from offering what some call “junk science,” offered by a qualified expert to prove otherwise unprovable claims.

As Marino goes through her material, some lawyers may be skeptical about the possible admissibility of her conclusions in court. Or maybe not. Defense counselors reflexively reject any new or novel theories that tend to prove a plaintiff’s claims.

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What Is Social Psychology, Anyway?

According to Wikipedia, “Social psychology is the scientific study of how people’s thoughts, feelings and behaviors are influenced by the actual, imagined or implied presence of others. In this definition, scientific refers to the empirical method of investigation. The terms ‘thoughts,’ ‘feelings’ and ‘behaviors’ include all psychological variables that are measurable in a human being.

“The statement that others’ presence may be imagined or implied suggests that we are prone to social influence even when no other people are present, such as when watching television, or following internalized cultural norms. Social psychologists typically explain human behavior as a result of the interaction of mental states and immediate social situations.

“Social psychologists therefore deal with the factors that lead us to behave in a given way in the presence of others, and look at the conditions under which certain behavior/actions and feelings occur.

“Social psychology is concerned with the way these feelings, thoughts, beliefs, intentions and goals are constructed and how such psychological factors, in turn, influence our interactions with others,” Wikipedia said.

Our question: Would a social psychologist qualify, for instance, to explain why a driver who gets violent in a road rage incident is truly and legitimately incapable of controlling her behavior, lessening negligence in a civil suit or mitigating criminal responsibility if she faces a felony?

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Fox’s Bill O’Reilly Echoes Trump Team’s Disrespect for African-American Women

It seems that President Donald Trump’s disdain for black women is shared by White House Press Secretary Sean Spicer and his teammates at Fox News. Last Tuesday, Fox News personality Bill O’Reilly claimed he couldn’t concentrate on a clip of U.S. Rep. Maxine Waters speaking on the House floor because he was distracted by her hair (which he referred to as a “James Brown wig”). Later that same day, during a press conference, Spicer chastised reporter April Ryan, the Washington bureau chief for American Urban Radio Networks, for “shaking her head” while he was speaking. A month prior — when she stood up to ask a question at a press conference — President Trump asked Ryan to set up a meeting for him with the Congressional Black Caucus, despite the fact that she’s a reporter and not a member of Congress. Trump’s racial insensitivity isn’t limited to black women; we can easily recall the moment at one of his tightly controlled rallies when, as if on cue, he singled out a black man holding a Trump placard and announced, “There he is … there’s my African-American!”

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PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to [email protected].

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Notice: Readers seeking legal representation on a Pro Bono Publico basis should not contact this columnist. Rather, they should seek out the Brooklyn Bar Association Volunteer Lawyers Project at 718-624-3894.

 


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