The impact of note taking style and note availability at retrieval on mock jurors’ recall and recognition of trial information

Jurors forget critical trial information and what they do recall can be inaccurate. Jurors’ recall of trial information can be enhanced by permitting them to take notes during a trial onto blank sheets of paper (henceforth called freestyle note taking). A recent innovation is the trial-ordered-notebook (TON) for jurors, which is a notebook containing headings outlining the trial proceedings and which has space beneath each heading for notes. In a direct comparison, TON note takers recalled more trial information than freestyle note takers. This study investigated whether or not note taking improves recall as a result of enhanced encoding or as a result of note access at retrieval. To assess this, mock jurors watched and freely recalled a trial video with one-fifth taking no notes, two-fifths taking freestyle notes and two-fifths using TONs. During retrieval, half of the freestyle and TON note takers could access their notes. Note taking enhanced recall, with the freestyle note takers and TON note takers without note access performing equally as well. Note taking therefore enhances encoding. Recall was greatest for the TON note takers with note access, suggesting a retrieval enhancement unique to this condition. The theoretical and applied implications of these findings are discussed.     

The cognitive effects of jury aids on decision‐making in complex civil litigation

Two hundred seventy nine individuals served as mock jury members in a civil trial that involved multiple plaintiffs and several expert witnesses. Juries were or were not provided with written summary statements of the testimony of expert scientific witnesses, and were either permitted or not permitted to take notes. The results showed that the combination of summary statements and note‐taking had a synergistic effect on the quality of decision‐making. Mock juries enabled by both cognitive aids provided significantly higher awards, as compared to mock juries aided by one or none of the jury‐aids, to the most severely injured plaintiffs without increasing compensation for those less worthy. Aided mock juries also recalled more probative evidence than non‐aided jurors, and were more satisfied with the efficacy of their deliberations. Copyright © 2005 John Wiley & Sons, Ltd.     

Comparing the Defendant to Images of the Culprit: Interpreting Results of Mock Witness Filler‐Control Tests

Criminals are occasionally recorded on video committing a crime. At trial, jurors may be shown images of the culprit to determine if they match the defendant. However, several sources of bias may influence juror matching decisions. Also, even with clear video, the accuracy of defendant‐culprit matching can be relatively poor. To reduce these problems, we propose that defendant‐culprit matching be viewed as a type of forensic test. If conducted as a forensic test, defendant‐culprit matching can be improved by adding fillers and testing mock witnesses rather than the actual jurors. A Bayesian analysis of data from two experiments shows that a filler‐control test can be highly diagnostic, even when the decisions of mock witnesses are far from unanimous. However, when viewing conditions are poor, a filler‐control test may not provide much new information about whether the defendant matches the culprit. Copyright © 2017 John Wiley & Sons, Ltd.     

Effects of Prejudicial Pretrial Publicity From Physical and Witness Evidence on Mock Jurors' Decision Making1

The effects of prejudicial pretrial publicity (PTP) from physical and witness evidence on decisions made by trained and untrained mock jurors were compared. Mock jurors viewed a videotaped rape trial and participated in jury deliberations. Training consisted of completion of a university course on psychology and law. As expected, physical evidence PTP produced more guilty votes than witness or no PTP. Both types of PTP influenced untrained mock jurors' punishment preferences and perceptions of satisfaction and fairness, whereas trained mock jurors' opinions on these measures were unaffected by PTP. Deliberations of trained mock juries were more task‐oriented and focused on relevant evidence and legal issues than that of their untrained peers. Limitations of this mock jury study were discussed.     

Factual and Affective/Evaluative Recall of Pretrial Publicity: Their Relative Influence on Juror Reasoning and Verdict in a Simulated Fraud Trial1

This study investigated the relationship between recall of real‐life pretrial publicity (PTP) in a high‐profile fraud case and subsequent reasoning about the trial evidence and verdict decisions. Tracking the reasoning and verdict judgments of 50 mock jurors during a video simulation of the trial material, the effect of factual recall of PTP was compared with recall indicating an affective or evaluative response from the PTP. Affective/evaluative recall, but not factual recall, was significantly associated with anti‐defendant reasoning and confidence in guilt. This effect was partially mediated by reasoning developed during the course of evidence presentation. The potentially prejudicial effect of affective/evaluative recall of PTP is discussed in terms of it activating an explanatory structure that frames evidence interpretation.     

Quality of written record following mock eyewitness testimony: Note taking should be a minimum standard!

By using a video‐based narrative (unidirectional) eyewitness statement of an alleged victim, participants were asked to imagine they were police officers. We compared the quality of mock police officer written records in a between‐subjects design comprising three conditions: (a) a free recall (n = 27), (b) a free recall by using recall strategies of the cognitive interview (n = 27), or (c) note taking while watching the video (n = 26). The quality of the reports was determined by the amount of correctly recalled details, omitted details, added details (commission errors), and changed details (confabulations). As predicted, the number of correct details was higher in the “Note Taking” condition whereas performance in the “Free Recall” and in the “Cognitive Interview” conditions did not differ. Higher verbal memory ability resulted in a better quality of the written records. Our results suggest that note taking facilitates the quality of written records.     

Assessment Center Procedures: Cognitive Load During the Observation Phase

This study explores the traditional procedure of observing assessment center exercises while taking notes vs. an alternative procedure where assessors merely observe and postpone note‐taking until immediately after the exercise. The first procedure is considered to be cognitively demanding due to the requirement of simultaneous note‐taking and observing. Also, dual task processing (concurrent observing and note‐taking) is considered to be especially demanding for assessors without rating experience. The procedures are evaluated using a 2 × 2 design (with note‐taking/without note‐taking × experienced/inexperienced). Some 121 experienced and inexperienced assessors rated videotaped candidates, observing either with or without taking notes. Results showed that experienced assessors yield significantly higher differential accuracy than inexperienced assessors. We did not find an effect of observation procedure on accuracy, interrater reliability or halo. Implications for future research are described.     

Note taking, review, memory, and comprehension

In previous work assessing memory at various levels of representation, namely the surface form, textbase, and situation model levels, participants read texts but were otherwise not actively engaged with the texts. The current study tested the influence of active engagement with the material via note taking, along with the opportunity to review such notes, and the modality of presentation (text vs. spoken). The influence of these manipulations was assessed both immediately and 1 week later. In Experiment 1 participants read a text, whereas in Experiment 2 participants watched a video recording of the material being read as a lecture. For each experiment the opportunity to take notes was manipulated within participants, and the opportunity to review these notes before the test was manipulated between participants. Note taking improved performance at the situation model level in both experiments, although there was also some suggestion of benefit for the surface form. Thus, active engagement with material, such as note taking, appears to have the greatest benefit at the deeper levels of understanding.     

Individual and Group Decisions in Response to a Mock Trial: A Methodological Note1

An audiovisual slide-show presentation of a murder trial was used to examine the effects of group deliberations on juror's responses. Sex of defense attorney and race of defendant were systematically varied in the mock trial. Verdicts were assessed immediately following the trial presentation (before group deliberations) and immediately following group deliberations. Neither sex nor race significantly affected distributions of individual juror's predeliberation verdicts. Following group deliberations, however, an effect of attorney's sex emerged in both jury (group) verdicts and in individual, postdeliberation verdicts. Jurors in the male defense attorney conditions were more likely to vote not guilty following deliberations than were jurors in the female defense attorney conditions. This effect is discussed in terms of group shift.     

Racial bias in decisions made by mock jurors evaluating a case of sexual harassment

White (N = 161) and Black (N = 152) college students served as mock jurors in a simulated civil case in which a female plaintiff accused a male defendant of sexual harassment. The authors experimentally manipulated the race (Black or White) of the litigants and asked the mock jurors to decide whether the defendant was guilty; to rate the certainty of their belief in the defendant's guilt; and, when they judged the defendant guilty, to recommend an award to the plaintiff. Mock jurors of both races tended to favor litigants of their own race and their own gender. Racial bias was highest among White male jurors and lowest among White female jurors.     

Reality check: A comparison of college students and a community sample of mock jurors in a simulated sexual violent predator civil commitment

Despite concerns about generalizability, past mock trial research has concluded that effects of sample (i.e., students versus representative mock jurors) are negligible. The current study was conducted to explore this conclusion within the conceptual framework of cognitive–experiential self‐theory (CEST). Through a mock civil commitment hearing of a sexually violent predator, responses of student (n = 138) and representative (n = 240) mock jurors were compared. Results revealed several important differences between samples: (a) the student sample scored higher on the rational processing measure (i.e., need for cognition); (b) students' verdicts were also significantly correlated to a measure of their cognitive processing style, an enduring personal characteristic related to the extent to which an individual engages in either effortful/effortless cognition; and (c) the representative sample was more punitive, was more persuaded by clinical expert testimony, and evidenced a greater gender effect in its decisions. Implications for jury decision‐making research are discussed. Copyright © 2009 John Wiley & Sons, Ltd.     

The Effect of Electrophysiological Neuroscientific Deception Detection Evidence on Juror Judgments in a Criminal Trial

There are concerns that if neuroscientific deception detection evidence becomes admissible in court, jurors may weigh it inappropriately. We investigated whether mock jurors were influenced more by electrophysiological than behavioral evidence that a defendant in a criminal trial was lying. Participants’ perceptions of evidence quality predicted verdict choice, and quality ratings were higher for neuroscientific than for behavioral evidence. However, both types of evidence increased guilty verdicts similarly, and the inclusion of neuroimages had no additional impact. These findings suggest that neuroscientific evidence may be processed differently than other types of deception evidence, but it is not necessarily more persuasive.     

Racial Bias in Decisions Made by Mock Jurors Evaluating a Case of Sexual Harassment

Abstract

White (N = 161) and Black (N = 152) college students served as mock jurors in a simulated civil case in which a female plaintiff accused a male defendant of sexual harassment. The authors experimentally manipulated the race (Black or White) of the litigants and asked the mock jurors to decide whether the defendant was guilty; to rate the certainty of their belief in the defendant's guilt; and, when they judged the defendant guilty, to recommend an award to the plaintiff. Mock jurors of both races tended to favor litigants of their own race and their own gender. Racial bias was highest among White male jurors and lowest among White female jurors.     

The Impact of the Guilty but Mentally III Verdict on Juror Decisions: An Empirical Analysis

The present study attempted to determine the impact of alternative verdict choices on the decisions of mock jurors. Subjects used in this study as mock jurors were all college undergraduates. They were shown one of two versions of a videotaped simulated murder trial. Both films presented a defendant who appeared to be suffering emotional difficulties, but in one film the defendant had clearly committed the act while in the other film the defendant's actions were less certain. Subjects than gave their individual verdicts and, after deliberation with other subjects, a total jury verdict. The verdicts available to the subjects varied across three conditions such that the subjects in one condition were only allowed to find the defendant to be innocent or guilty. In another condition the subjects could find the defendant innocent, guilty or not guilty by reason of insanity (NGRI). In the third condition the subjects were allowed to choose between innocent, guilty, NGRI, and guilty but mentally ill (GBMI). The results indicated that the addition of the "mental health" verdicts had a significant impact on the decisions of the jurors. In particular, it appears that only defendants who would otherwise have been found innocent were likely to be found NGRI. This study also indicated that the GBMI verdict is very attractive to mock jurors. Indeed, even innocent defendants were found to be GBMI, a form of guilt, when this alternative was made available. These findings raise potentially important constitutional and practical issues for the trial of emotionally disturbed criminal defendants.     

Environmental support promotes expertise-based mitigation of age differences on pilot communication tasks

The authors investigated whether expertise is more likely to mitigate age declines when experts rely on environmental support in a pilot/Air Traffic Control (ATC) communication task. Pilots and nonpilots listened to ATC messages that described a route through an airspace, while they referred to a chart of the airspace. They read back (repeated) each message and then answered a probe question about the route. In a preliminary study, participants could take notes while listening to the messages and performing the read-back and probe tasks. In Experiment 1, opportunity to take notes was manipulated. Note taking determined when expertise mitigated age differences on the read-back task. With note taking, read-back accuracy declined with age for nonpilots but not for pilots. Without note taking, similar age-related declines occurred for pilots and nonpilots. Benefits of expertise, younger age, and note taking occurred for probe accuracy, but mitigation did not occur. The findings suggest that older adults take advantage of a domain-relevant form of environmental support (note taking) to maintain performance on some complex tasks despite typical age-related declines in cognitive ability.     

Racial Bias in Juridic Judgment at Private and Public Levels

Mock jurors (college students and prospective jurors) made individual decisions regarding liability and damages (before and after deliberation) in response to a case of sexual harassment. There were no significant differences in damage awards from college students and prospective jurors. There was evidence of racial bias among White mock jurors against plaintiffs who accused a Black supervisor of sexual harassment: Lower damages were recommended for plaintiffs who accepted an offer to meet for drinks in a Black supervisor's room than for plaintiffs who accepted the same offer from a White supervisor. There was also evidence of racial bias among White mock jurors against Black plaintiffs: Lower damages were recommended for Black plaintiffs than for White plaintiffs. These effects were present in the individual judgments of college students and prospective jurors. However, these forms of racial bias did not carry over into the decisions made by juries comprised of college students or prospective jurors. Subtle racial biases operating primarily at a subconscious level may get washed out in the complex task of coming to agreement on an appropriate award. The effects of manipulated variables on damage awards probably are overestimated in general in mock juror studies that do not examine group verdicts.     

The Effects of Race and Social Dominance Orientation in Simulated Juror Decision Making1

Recent mock‐jury research often has found no evidence that White jurors are more likely to convict and impose harsher sentences on Black compared to White defendants. Drawing on social dominance theory (Sidanius & Pratto, 1999), this paper argues that this apparent null effect reflects that different racial biases shown by White jurors varying in social dominance orientation (SDO) cancel each other out. A mock‐jury study (n= 70) found no main effect for defendant race, but evidence for a crossover interaction with high SDO individuals showing an anti‐Black bias and with low SDO individuals showing a pro‐Black bias in their guilty judgments and sentence recommendations. The discussion argues race is still a critical factor in White jurors’ decision making.     

Jury Panel Member Perceptions of Interpersonal‐Affective Traits of Psychopathy Predict Support for Execution in a Capital Murder Trial Simulation

Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy – though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases. Copyright © 2013 John Wiley & Sons, Ltd.