The Influence of Eyewitness Nonidentifications on Mock-Jurors' Judgments of a Court Case1

Two experiments examined the effect of an eyewitness nonidentificution on mock-jurors' verdicts in robbery cases, as well as the effects of number of identifying eyewitnesses and status of the identifying witness (victim or bystander). Subjects read court case summaries that included variable eyewitness evidence and constant alibi, circumstantial, and character evidence. In Experiment 1, frequency of guilty verdicts was significantly less when an eyewitness testified in court that the defendant was not the perpetrator, even when this nonidentification opposed two positive identifications. In Experiment 2, a low guilty rate was again associated with the presence of a nonidentifier, but only when the nonidentifier actually testified in court and stipulated that the defendant is “not the man.” On the average, 70% of the jurors delivered guilty verdicts when both the victim and bystander gave identifying testimony, whereas 12.5% delivered guilty verdicts when the bystander gave opposing nonidentifying testimony. Guilty rates were unaffected by the identifying eyewitness' status and (in Experiment 2, but not Experiment 1) were higher when there were two (vs. one) identifying eyewitnesses.     

Effects of Eyewitness Evidence on Plea-Bargain Decisions by Prosecutors and Defense Attorneys1

The present experiment tested the relative impact of two types of eyewitness evidence (identification and non identification) on plea-bargain decisions by prosecutors and defense attorneys. A hypothetical case involving a robbery was mailed to three prosecutors and three defense attorneys in each of 47 states. The subjects were randomly assigned to receive a case in which an eyewitness claimed: (a) the defendant was the criminal (identification), (b) the defendant was not the criminal (non identification), or (c) it was not possible to tell whether the defendant was the criminal (control). Similar to findings with jurors, both prosecutors and defense attorneys underutilized the non identification information in making their plea-bargain decisions. In the case of the prosecutors, there was evidence that the underutilization of eyewitness non identification was at least partially mediated by the prosecutors' predictions of juror reaction to the evidence.     

An Aiibi Witness' Influence on Mock Jurors' Verdicts1

The impact of alibi testimony on juror decision making is not yet clear because it has been examined empirically infrequently. This study was designed to determine the impact of alibi witness' testimony, the impact of an alibi witness with a relationship in comparison to one without a relationship to the defendant, and the impact of an eyewitness' confidence on juror decision making. Results indicated that mock jurors acquit a defendant more often when an alibi witness with no relationship to the defendant testified on his behalf. Participants did not believe an alibi witness who had a relationship with the defendant even though the witness was not a family member. Implications for these results are discussed.     

Another Look at the Impact of Juror Sentiments toward Defendants on Juridic Decisions

Abstract

This experiment tested the hypothesis that jurors' preexisting biases (sentiments) toward an accused would have a much stronger impact on the sentences that jurors recommended than on the verdicts they rendered. Specifically, a balance theory analysis of juridic decisions specifies that predeliberation sentiments toward the defendant would have little if any direct effect on jury verdicts and would be associated with verdicts rendered only if the information establishing these sentiments also implied a unit relation between the defendant and the crime. Six-person juries deliberated the case of an accused robber and murderer who had no prior criminal record, a prior conviction for a dissimilar crime, or a prior conviction for a similar crime. While on the witness stand, the defendant either withheld information or provided answers for all questions. The results provided strong support for the hypothesis. In addition, jurors' predeliberation sentiments toward the accused were unrelated either to the tone of juridic deliberations or to postdeliberation assessments of the defendant's guilt. By contrast, juror sentiments toward the defendant were a solid predictor of the severity of sentences assigned by those who voted to convict the accused.     

Alibi Believability: The Effect of Prior Convictions and Judicial Instructions

Undergraduates (N = 339) listened to a simulated police interview with a defendant concerning his alibi. We studied the impact of (a) the strength of the alibi evidence; (b) defendant's prior convictions; (c) judge's instructions on prior conviction evidence; and (d) perceivers' need for cognition (NFC) on alibi believability and defendant guilt ratings. Defendants previously convicted of the same crime as the current charge were seen as more likely to be guilty than defendants previously convicted of a different crime. Judge's instructions did not affect guilt ratings. NFC was less influential than anticipated, but did affect participants' understanding and recall of judicial instructions. Strong alibis were seen as more believable and led to lower guilt ratings than weak alibis.     

Race and information processing in criminal trials: does the defendant's race affect how the facts are evaluated?

Two studies examined whether a criminal defendant's race influences Whites' sensitivity to legally relevant information. In Study 1, prosecution case strength ratings and guilt likelihood ratings were more sensitive to the strength of the defendant's alibi when he was Black than when he was White, if the experimental task was designed to elicit low processing motivation. Under high motivation, participants were equally sensitive to alibi strength, regardless of defendant race. In Study 2, the alibi strength manipulation was replaced with a manipulation of the effectiveness of the district attorney's cross-examination. As predicted, defense case strength ratings were more sensitive to the strength of the prosecutor's cross-examination with a Black defendant than with a White defendant-under low motivation. Under high motivation, sensitivity did not depend on defendant race. These results suggest that a Black defendant can elicit greater sensitivity to legally relevant information than will a White defendant.     

Alibi believability: Corroborator certainty,cooperativeness and relationship with the defendant

Alibi believability can be affected by characteristics of the alibi corroborator, including the relationship between the defendant and corroborator, which has been studied extensively by researchers. The corroborator's certainty that they were together at the time of the crime may also influence alibi believability, but only a few studies have examined this. Another factor that may affect believability is the corroborator's cooperativeness with the police, which is yet to be studied in the alibi context. Online U.S. participants recruited from CloudResearch (N = 280) acted as mock jurors and evaluated a mock arson case where the defendant used an alibi defence. The alibi corroborator's relationship to the defendant (brother/neighbour), the certainty that they were together at the time (65%/100%) and cooperativeness with police (cooperative/uncooperative) were manipulated between participants. The participants were evenly split when it came to verdict (p > .05) but were more likely to vote guilty when the corroborator was a brother rather than a neighbour (p < .01) and when the brother was uncooperative versus cooperative (p < .05). As expected, alibis were more believable when they were corroborated by a neighbour rather than a brother and when the corroborator was 100% certain that they were together versus 65% certain (ps < .01). Alibis were also more believable when the corroborator cooperated than when he was uncooperative (p < .01). Cooperative (vs. uncooperative) corroborators led to more positive defendant and corroborator views on all six character trait measures (ps < .01). Implications and future directions are discussed.     

The effect of post‐identification feedback on the recall of crime and perpetrator details

The present study examines the effect of identification feedback on the quantity and accuracy of crime event details recalled, willingness to attempt misleading questions and confidence in the accuracy of these details. All participants (N = 60) viewed a short video clip of a staged building society robbery and then made a false identification of the robber from a target‐absent photospread. Eyewitnesses were next given confirming feedback (i.e. told that they had identified the suspect), disconfirming feedback (i.e. told that they had failed to identify the suspect) or no feedback. All eyewitnesses then attempted a series of short‐answer questions relating to details about the robber, accomplice, victim, building society, theft and getaway. Disconfirming feedback significantly reduced eyewitness confidence in recall accuracy but there was no significant effect of feedback on the overall quantity and accuracy of details recalled or willingness to attempt misleading questions. The theoretical implications of these results are discussed. Copyright © 2005 John Wiley & Sons, Ltd.     

Effect of Questioning Techniques and Interview Setting on Young Children's Eyewitness Memory

The goal of this research was to learn if supposed ineffective questioning techniques (e.g., question repetition within the interview) would reduce the accuracy of five-year-olds' eyewitness memory. In the first study, children viewed a slide show depicting a minor crime and were then interviewed either with a standard interview or one which incorporated ineffective questioning techniques. The results indicated that the type of interview did not affect children's eyewitness memory. In a second study, children were presented with the ineffective interview by an authoritative interviewer in a formal office setting. The results again indicated little influence of interview setting or question technique on children's eyewitness memory, identification accuracy, and suggestibility.     

Improving Juror Comprehension of Judicial Instructions on the Entrapment Defense1

When the defense of entrapment is raised, the legal and psychological question is not whether the defendant committed some illegal act, but rather why the defendant behaved as he or she did and whether government agents' actions provoked the defendant to commit the same crime. The subjective test of entrapment focuses on the predisposition of the defendant to commit a particular crime, while the objective test focuses on situational forces. In Study 1, type of entrapment defense (subjective, objective) and the defendant's prior record (no prior record, prior record) were experimentally manipulated. As expected, superior comprehension of the judge's instructions was found for jurors who heard subjective test instructions. Study 2 was designed to improve the comprehension and judgments of jurors who received 1 of 3 versions of the objective test. Juror comprehension of key legal concepts and subsequent judgments improved if jurors heard one of the rewritten versions of the objective test.     

The effects of body‐worn camera footage and eyewitness race on jurors' perceptions of police use of force

Police use of body‐worn cameras (BWCs) is increasingly common in the USA. This article reports the results of one of the first experimental examinations of the effects of three BWC status conditions (absent, transcribed, viewed) and eyewitness race (Black, White) on mock jurors' case judgments, in a case in which a community member (defendant) was charged with resisting arrest but where the officer's use of force in conducting the arrest was controversial. Results provide evidence of significant main effects of both eyewitness race and BWC status. When the eyewitness supporting the defendant was White, mock jurors were less likely to vote the defendant guilty of resisting arrest, as well as more likely to consider the defendant credible and the officer culpable for the incident. In addition, when BWC footage of the arrest was viewed, compared with transcribed or absent, participants were less likely to vote the defendant guilty of resisting arrest, and also rated the officer's use of force less justifiable, and the officer more culpable and less credible. Follow‐up analyses demonstrated that these relationships between BWC condition and case judgments were all mediated by moral outrage toward the officer.     

Consequentiality and eyewitness person identification

The role of consequentiality in eyewitness person identification was examined. Subjects viewed a videotape depicting a simulated bank robbery and were then asked to identify the robber from a photographic lineup. Consequentiality was induced by leading some subjects to believe that the video tape was of an actual bank robbery, and that performance on the identification task would be influential in the suspected robber's court trial. The following manipulations were included to determine the interaction of consequentiality with commonly investigated eyewitness variables: lineup instructions, accountability and suspect presence in the lineup. In addition, the data were analysed for sex differences. Analyses of identification attempts and hits revealed interactions indicating that men were more influenced by consequentiality and lineup instructions than women. The results suggest that consequentiality does play a role in certain eyewitness identification situations.     

Speech style and occupational status affect assessments of eyewitness testimony

This study examined how speech style and occupational status affect mock jurors' assessments of eyewitness testimony. Mock jurors (n = 120) watched a video of a man testifying about witnessing an attempted robbery. The eyewitness exhibited either a powerless or powerful speech style and reported either a high or low (or no) status occupation during his testimony. Results indicated that high occupation status and powerful speech style led to more favorable evaluations of the eyewitness's testimony and of the case against the defendant than powerless speech style and low/no occupation status. Implications of these results on considerations of eyewitness testimony and future research are discussed.     

The Influence of Perpetrator Exposure Time and Weapon Presence/Timing on Eyewitness Confidence and Accuracy

Crimes can occur in a matter of seconds, with little time available for an eyewitness to encode a perpetrator's face. The presence of a weapon can further exacerbate this situation. Few studies have featured mock crimes of short duration, especially with a weapon manipulation. We conducted an experiment to investigate the impact of weapon presence and short perpetrator exposure times (3 vs. 10 seconds) on eyewitness confidence and accuracy. We found that recall concerning the perpetrator was worse when a weapon was present, replicating the weapon focus effect. However, there was no effect on eyewitness identification accuracy. Calibration analyses revealed that all conditions produced a strong confidence–accuracy relationship. Confidence–accuracy characteristic curves illustrated almost perfect accuracy for suspect identifications at the highest levels of confidence. We conclude that weapon presence during a brief crime does not necessarily result in negative consequences for either eyewitness identification accuracy or the confidence–accuracy relationship. Copyright © 2016 John Wiley & Sons, Ltd.     

Situationally Equivocal Eyewitness Evidence and the Violence of Crimes

Eyewitness evidence is amongst the most important types of evidence in investigative and juridical proceedings. Yet, eyewitness evidence frequently derives from observations made under situationally equivocal conditions, including such factors as darkness and physical obstruction of view. The effect of the violence of a given crime on potential jurors' evaluation of such equivocal evidence was addressed. A witness's identification of a suspect in a violent crime was generated in three versions, varying only in the level of violence of the crime. Respondents were more likely to accept this identification as accurate under more violent conditions and were also less likely to report noticing or considering equivocal aspects (darkness and physical obstruction) in situations of greater violence. Predisposing factors to judgement of guilt lay significantly in the acceptance of punishment as a viable deterrent to crime and of societal guilt for the criminal's behaviour, although political or religious orientations were not shown to influence these results, and none of these factors interacted with the violence of the crime to influence judgement of guilt or innocence. These findings indicate the importance of affective factors in judgements of guilt or innocence, especially when these judgements are based on situationally equivocal eyewitness evidence. Copyright © 2013 John Wiley & Sons, Ltd.