The Effects of Opening Statements on Mock Jurors' Verdicts in a Simulated Criminal Trial1

Twenty-nine male and 37 female adults served as mock jurors in a simulated criminal trial in which the amount of preview offered in both the prosecution's and defense's opening statements was factorially varied. It was found that the effects upon verdicts of guilt of the amount of preview in either side's opening statement depended on that in the other side's opening statement. Extensive prosecution opening statements led to more guilty verdicts only when the de fense's opening statement was also extensive; when the defense's opening statement was brief, participants tended to find the defendant guilty regardless of the amount of preview in the prosecution's opening statement. Extensive opening statements from the defense led to more not-guilty verdicts only when the prosecution's opening statement was brief. Results from a series of mid-trial measures indicated that opening statements predisposed jurors to favor one side or the other very early in the trial, and that jurors tended to maintain this predisposition throughout the course of the trial. It was suggested that opening statements serve to create thematic frameworks which the jurors use to assist them in their processing of trial information. Implications for legal practice were also discussed.     

More Than Two Choices: The Influence of Context on the Framing Effect

The framing effect demonstrates that two options with different risk levels affect people??s risk preferences, even if both options are logically equivalent. However, in reality we are almost always confronted with more than two choices, rather than a single manipulated message. In this paper, we simultaneously manipulate the framing effect and the context effect, including the attraction effect and the compromise effect, to examine the influence of context on framing. The results of two studies show that context influences the original choice preference arising from the framing effect. Moreover, the framing effect is reduced when context effects are introduced to the original choice set.     

Testimony Concerning Possible Jury Bias in a Black Panther Murder Trial1

This paper reports the application of basic social psychological data to the problem of jury selection procedures in a murder trial. Professional testimony in pretrial proceedings was addressed to potential juror bias arising from the fact that the defendant was (a) black, (b) poor, (c) a Black Panther, and (d) on trial for murder. Some observations regarding the impact of the testimony are made and some future research avenues are discussed.     

Effect of Regret on Post-choice Valuation: The Case of More Than Two Alternatives

The author examines the influence of experienced regret on the selection of the reference point used in post-choice valuation. He incorporates two reference points, expected performance and performance of the forgone alternative, the former affecting the amount of satisfaction and the latter affecting the amount of regret experienced by a decision maker. Prior research on regret has assumed only a two-alternative choice set with the forgone alternative being the reference point for measuring regret. The author relaxes that assumption and develops hypotheses to examine the selection of the reference point in cases that more closely represent real-life experience (i.e., choice sets with more than two alternatives). Two studies are reported. The results from the first study support most of the hypotheses. The second study further investigated the selection of a reference point. Several theoretical and managerial implications are discussed and future research directions are suggested.     

More Than Attendance: The Importance of After-School Program Quality

A central theme of the articles featured in this issue is the need to improve the quality of after-school programs. In this commentary, we discuss why student engagement, program characteristics and implementation, staff training, and citywide policy are key considerations in the effort to define and achieve high quality programs for youth.     

More Than A Feeling: The Communicative Function of Regret

Rüdiger Bittner argues that regret is not useful and so it is always unreasonable to feel and express it. In this paper, I argue that regret is often reasonable because regret has a communicative function: it communicates where we stand with respect to things we have done and outcomes that we have caused. So, I not only argue that Bittner’s argument is unsuccessful, I also shed light on the nature and purpose of regret.     

The Relation of Cognitive and Memorial Processes to Persuasion in a Simulated Jury Trial

Four experiments investigated the dependence of persuasion on cognitive factors. All experiments employed a court case for which 795 subjects acted as jury members, reading summaries of both the prosecution and defense's testimony. The amount of objective information on both sides of the case was varied. Persuasion was a position function of the number of prosecution arguments and the number of defense arguments. This finding was extended by obtaining measures of the subjects'cognitive reactions to the case as well as their opinions and by following both of these measures over time. Both analysis of variance and multiple regression techniques showed that subjects could have derived their opinions from their cognitions about the case. This relationship also held up over time. These results suggest the general form of an information-processing theory of persuasion. One prediction of this theory is for an asymptotic function relating objective information to persuasion. This prediction received empirical support.     

The Timing of the Defense Opening Statement: Don't Wait Until the Evidence Is in1

Defense attorneys often reserve their opening statements until after presentation of evidence by the prosecution, a practice advocated by some experts. The current study, involving 291 subjects, varied the timing of the defense attorney's opening statement so that it preceded the prosecutor's opening statement, immediately followed the prosecutor's opening statement, or was reserved until after the prosecutor's case presentation. The type of opening statement (content vs. noncontent) and the testimony (altered vs. unaltered) were varied for purposes of increasing generalization. Materials were based on an actual case of auto theft and were presented in written form complete with judge's instructions. The results showed that subjects perceived eyewitness testimony, the prosecutor's opening statement, the prosecutor's closing statement, the defense attorney's closing statement, and the effectiveness of the attorneys differently depending on the timing of the opening statement. Each of these items favored the defense more than the prosecution if the defense opening statement was earlier rather than later. These effects did not interact with type of opening statement or the testimony alteration variable. Individual verdicts, when weighted by the subjects' confidence in their verdicts, were also affected by the timing variable with verdicts more favorable to the defense when the defense opening statement was given earlier rather than later. The consistency with which the timing variable affected subjects' impressions suggests that defense attorneys who take their first opportunity to make an opening statement, rather than delay, end up with a stronger case for their client. Possible exceptions to this conclusion are discussed.     

Socially Desirable Responding in Computerized Questionnaires: When Questionnaire Purpose Matters More Than the Mode1

The impact of questionnaire purpose (job screening interview vs. consumer survey) and the impact of questionnaire mode (paper-and-pencil vs. computer) on multiple measures of socially desirable responding (SDR) were examined. Students (N= 85) participated in experimental job screening (high SDR demand) and consumer survey (low SDR demand) conditions. Dependent measures included the Marlowe-Crowne Social Desirability Scale and the impression management subscale of the Balanced Inventory of Desirable Responding, Version 6. Significant questionnaire purpose effects suggest one possible, context-related explanation for mixed SDR findings between earlier experiments. Mode effects were nonsignificant, adding further evidence of paper-and-pencil and computer equivalence with respect to SDR.     

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.     

The Attraction-Leniency Effect in Jury Research: An Examination of External Validity

The external validity of the attraction-leniency effect observed repeatedly in jury research was examined by adding two small elements of juridicial realism to the usual paradigm modeled after Landy and Aronson (1969). An attraction-leniency effect was not found when judge's instructions regarding the criteria of guilt were provided, and subjects assessed probable guilt rather than appropriate sentence.     

The Behavioral Logic of Collective Action: Partisans Cooperate and Punish More Than Nonpartisans

Laboratory experiments indicate that many people willingly contribute to public goods and punish free riders at a personal cost. We hypothesize that these individuals, called strong reciprocators, allow political parties to overcome collective action problems, thereby allowing those organizations to compete for scarce resources and to produce public goods for like‐minded individuals. Using a series of laboratory games, we examine whether partisans contribute to public goods and punish free riders at a greater rate than nonpartisans. The results show that partisans are more likely than nonpartisans to contribute to public goods and to engage in costly punishment. Given the broad theoretical literature on altruistic punishment and group selection as well as our own formal evolutionary model, we hypothesize that it is being a partisan that makes an individual more likely to be a strong reciprocator and not vice versa.     

The Counseling Profession's Relationship to Jews and the Issues That Concern Them: More Than a Case of Selective Awareness

The goals of this article are to define anti‐Semitism; demonstrate the necessity for accurately labeling anti‐Semitic behavior as such; provide longitudinal evidence of anti‐Semitism and the mistreatment of Jews and the absence of addressing Jewish issues by the counseling profession; prepare a compendium of the preceding—and in so doing, create an awareness of the resulting problem. The author posits that the near universal failure of those committed to multicultural counseling to rail against anti‐Semitism and embrace the notion of Jews as a culturally distinct group poses a serious threat to the delivery of bias‐free counseling and thus the image that the counseling profession presents of itself to other mental health professions and the general public.     

Peirce Snatching: Towards a More Pragmatic View of Evidence

The running debate between Peter Achinstein and his critics concerning the nature of scientific evidence is misguided as each side attempts to explicate a distinct notion of evidence. Achinstein's approach, however, is valuable in helping to point out a problem with Carnap's statistical relevance model. By claiming an increase in probability to be necessary for evidence, the received view is incapable of accounting for evidence which is statistically irrelevant but explanatorily relevant. A broader view of evidence which can account for pragmatic concerns such as explanation is thereby required. This revised version was published online in July 2006 with corrections to the Cover Date.     

Where Men Appear More Religious Than Women: Turning a Gender Lens on Religion in Israel

Past research, typically focused on Christians in Christian nations, has found that women tend to be more religious than men. This study uses original nationally representative data (N = 5,601) with strategic oversamples of minority groups to examine variation in how religion and gender intersect across ethnoreligious identities in Israel. We demonstrate that Israel diverges from the typical pattern of women appearing more religious than men. In fact, Israeli men are consistently more religious than Israeli women on commonly used measures and frequently more religious on a broader set of questions specific to Judaism and Israel. Subgroup analyses highlight the intersectional nature of gender and religion, showing that men's greater religiosity in Israel is limited to Jews, and, more specifically, nonsecular Jews. We suggest that gender gaps arise, at least in part, because religions are gendered institutions with gendered norms, expectations, and incentives, and that these norms, expectations, and incentives vary from religion to religion.     

Suicidal Risk in Adolescent Residential Treatment: Being Female Is More Important Than a Depression Diagnosis

We investigated the relationship between gender and clinician diagnosis of a depressive disorder at intake on variables reflecting depression among adolescents in residential treatment. It was hypothesized that females diagnosed with a depressive disorder would have the highest scores on measures of suicide risk, the number of symptoms of a major depressive episode, suicidal behavior, and suicidal ideation. Results indicated partial support for the predicted comparisons. Females diagnosed with a depressive disorder scored significantly higher on measures of depressive symptom count and suicidal ideation. Surprisingly, females without a diagnosis of a depressive disorder had higher suicide risk scores than the remaining groups. The results of this study highlight the importance of assessment and treatment of internalizing disorders in youth entering residential programs, particularly female adolescents.