Factors influencing juror verdict in a case involving repressed memories of abuse

Mental health professionals acting as expert witnesses are expected to testify about the prevalence of sexual abuse, and also about the veracity of memory. In cases involving adult survivors of sexual abuse, this testimony is typically about repressed and false memory syndromes. Many professionals have noted concerns about the lack of definitive data to support either syndrome. This study examined the following variables: juror knowledge and experience with repressed and false memory syndromes, juror attitudes about sexual abuse and memory recovery techniques, and gender of juror on verdict. Results include effects for repressed memory knowledge/experience and gender. Gender differences were found regarding attitudes about abuse and memory. Concluding comments include practical and research implications of the study results.     

Reality monitoring in adults reporting repressed, recovered, or continuous memories of childhood sexual abuse

People who report either repressed or recovered memories of childhood sexual abuse (CSA) may have deficits in reality monitoring--the process whereby one discriminates memories of percepts from memories of images. Using signal detection methods, the authors found that adults reporting either repressed or recovered memories of CSA were less able to discriminate between words they had seen from words they had imagined seeing than were adults reporting either never having forgotten their CSA or adults reporting no history of CSA. Relative deficits in the ability to discriminate percepts from images (i.e., low d') were apparent on only some tests. The groups did not differ in their criterion--response bias--for affirming having seen versus imagined stimuli.     

Retrieval inhibition of trauma-related words in women reporting repressed or recovered memories of childhood sexual abuse

Several authors have argued that survivors of childhood sexual abuse (CSA) who report to have repressed their traumatic memories are more skilled in forgetting emotional stimuli than survivors who have always remembered the abuse. The current experiment employed a list-wise directed forgetting task to investigate whether women reporting repressed (n = 16) or recovered (n = 23) memories of CSA are better at forgetting disturbing material, relative to women reporting having always remembered their abuse (n = 55) or reporting no history of abuse (n = 20). We found no support for the hypothesis that women reporting repressed or recovered memories of CSA are especially versed in inhibiting retrieval of trauma-related words. Additional analyses revealed that participants characterized by a repressive coping style did not display a superior retrieval inhibition mechanism for negative material.     

Directed forgetting of trauma cues in adults reporting repressed or recovered memories of childhood sexual abuse

An item-cuing directed forgetting task was used to investigate whether women reporting repressed (n = 13) or recovered (n = 13) memories of childhood sexual abuse (CSA) exhibit an avoidant encoding style (and resultant impaired memory) for trauma cues relative to women reporting no CSA experience (n = 15). All participants viewed intermixed trauma (e.g., molested), positive (e.g., confident), and categorized neutral (e.g., mailbox) words on a computer screen and were instructed either to remember or to forget each word. The results provided no support for the hypothesis that people reporting either repressed or recovered memories of CSA are especially adept at forgetting words related to trauma. These groups recalled words they were instructed to remember more often than words they were instructed to forget regardless of whether they were trauma related.     

The effects of consensus requirements and multiple decisions on mock juror verdict preferences

After watching a simulated rape trial, prerecorded on videotape, mock jurors either did or did not expect to sentence a defendant following deliberation with or without a group verdict required. Both sentencing expectation and verdict requirement significantly elevated jurors' preference for conviction (and average ratings of guilt likelihood). Closer analyses of personal changes (before and after deliberation) in the distribution of opinions suggested that majorities favoring not guilty were more influential than guilty-favoring majorities; and, somewhat unexpectedly, minorities in juries which deliberated without a verdict required were more likely to change personal opinions than minorities in juries required to render a verdict. The overall social decision scheme confirmed earlier observations about the importance of the initial majority in determining the verdict; but the majority did not always prevail and there was a marked asymmetry (“defendant protection”) in its action.     

Cognitive processing of trauma cues in adults reporting repressed, recovered, or continuous memories of childhood sexual abuse

Psychologically traumatized people exhibit delayed color naming of trauma words in the emotional Stroop task. Four groups of participants were asked to color name positive words, neutral words, and trauma words; these groups included 15 women who believed that they harbored repressed memories of childhood sexual abuse (CSA), 13 women who reported recovered memories of CSA, 15 women who had never forgotten their CSA, and 12 women who had never been abused. Repressed-memory participants exhibited patterns of interference indistinguishable from those of the nonabused control group participants. Irrespective of group membership, the severity of self-reported posttraumatic stress disorder symptoms was the only significant predictor of trauma-related interference, r(48) = .30, p < .05.     

Reasoning about scientific evidence: effects of juror gender and evidence quality on juror decisions in a hostile work environment case.

This study examined whether participants were sensitive to variations in the quality of an experiment discussed by an expert witness and whether they used heuristic cues when evaluating the expert evidence. In the context of a hostile work environment case, different versions of the expert testimony varied the presence of heuristic cues (i.e., whether the expert's research was generally accepted or ecologically valid) and evidence quality (i.e., the construct validity of the expert's research). Men who heard expert testimony were more likely to find that the plaintiff's workplace was hostile than were men who did not hear the expert testimony; expert testimony did not influence women's liability judgments. Heuristic cues influenced participant evaluations of the expert testimony validity, but evidence quality did not. Cross-examination did not increase juror sensitivity to evidence quality. Implications for science in the legal system are discussed.     

The effect of multiple childhood sexual assaults on mock-jurors' perceptions of repressed memories

The effect of multiple childhood sexual assaults on the believability of a repressed memory of the assault was assessed using mock jurors. Participants read a fictional civil trial summary about a child sexual assault case presented in one of three reporting conditions: (a) immediate condition-the alleged victim testified immediately after the assault(s); (b) repressed condition-the alleged victim reported the assault(s) 20 years later, after remembering it/them for the first time; or (c) no-repressed condition-the alleged victim reported the assault(s) 20 years later, but the memory of the assault(s) had been present for those years. The number of assaults was either one or 30. The results showed that for all reporting conditions 30 alleged assaults led to relatively more decisions for the plaintiff than the defendant, and greater believability of the plaintiff. The increases in decisions rendered and believability were also generally true for the immediate condition compared to when there was a delay in reporting. The results are discussed in terms of mock jurors' perceptions of child sexual assault, both those reported immediately and those reported after many years.     

False recognition in women reporting recovered memories of sexual abuse

False recognition—the mistaken belief that one has previously encountered a novel item—was examined in four groups of subjects: women reporting recovered memories of childhood sexual abuse, women who believe that they were sexually abused as children but who cannot recall this abuse (the "repressed" group), women who were sexually abused as children and always remembered the abuse, and women with no history of childhood sexual abuse. Subjects were administered a Deese/Roediger-McDermott paradigm. The results suggest that the recovered-memory group was more prone to false recognition than the other groups. In addition, women reporting recovered and repressed memories showed greater reduction in false recognition across study trials than did other subjects, perhaps reflecting strategic changes in performance.     

The reality of recovered memories: corroborating continuous and discontinuous memories of childhood sexual abuse

Although controversy surrounds the relative authenticity of discontinuous versus continuous memories of childhood sexual abuse (CSA), little is known about whether such memories differ in their likelihood of corroborative evidence. Individuals reporting CSA memories were interviewed, and two independent raters attempted to find corroborative information for the allegations. Continuous CSA memories and discontinuous memories that were unexpectedly recalled outside therapy were more likely to be corroborated than anticipated discontinuous memories recovered in therapy. Evidence that suggestion during therapy possibly mediates these differences comes from the additional finding that individuals who recalled the memories outside therapy were markedly more surprised at the existence of their memories than were individuals who initially recalled the memories in therapy. These results indicate that discontinuous CSA memories spontaneously retrieved outside of therapy may be accurate, while implicating expectations arising from suggestions during therapy in producing false CSA memories.     

Ethics and the forensic expert: a case study of child custody involving allegations of child sexual abuse

Psychologists who participate as forensic evaluators in custody and visitation cases involving allegations of child sexual abuse must possess advanced assessment skills and a thorough knowledge of child development, child sexual abuse, and child interviewing techniques. This case study illustrates the types of problems that are inevitable when psychologists violate the boundaries of their role as an independent evaluator and fail to uphold their ethical obligation to be knowledgeable and competent in the area in which they profess expertise.     

Factors influencing continuation in a behavioral therapy

One hundred and forty-seven depressed women who either completed, dropped-out of or refused a 10-week, self-control, group therapy program were compared on: demographic variables, depression indices, depression theory-related performances, personality variables and attitudes about therapy. Compared with treatment Completers, treatment Refusers presented a more acute crisis, reported a rapid onset of depression, had experienced fewer prior depressive episodes and were most likely to receive a diagnosis of situational (reactive) depression. Results also indicated that individuals of higher SES and those who endorsed expectancies congruent with the offered treatment rationale were most likely to continue in treatment.     

Effects of sex of defense attorney,sex of juror,and age and attractiveness of the victim on mock juror decision making in a rape case

In an experimental study, mock jurors heard a 50-minute audiotape of a rape trial and saw pictures of the victim and defendant. The factors in the design were sex of the defense attorney, age of the victim (early 20s or 60s), attractiveness of the victim, and sex of the juror. The most striking finding was a higher acquittal rate under the female defense attorney condition (71%) than under the male defense attorney condition (49%). This may be an instance of the recently described “talking platypus” phenomenon. Main effects for juror's sex, age of the victim, and attractiveness of the victim were not significant, but these factors showed complex interactions. Internal-external scores did not predict decisions. The most frequent reasons given for acquittals were reasonable doubt and the victim's not resisting.     

Linking thought suppression and recovered memories of childhood sexual abuse

There are two types of recovered memories: those that gradually return in recovered memory therapy and those that are spontaneously recovered outside the context of therapy. In the current study, we employed a thought suppression paradigm, with autobiographical experiences as target thoughts, to test whether individuals reporting spontaneously recovered memories of childhood sexual abuse (CSA) are more adept at suppressing positive and anxious autobiographical thoughts, relative to individuals reporting CSA memories recovered in therapy, relative to individuals with continuous abuse memories, and relative to controls reporting no history of abuse. Results showed that people reporting spontaneously recovered memories are superior in suppressing anxious autobiographical thoughts, both in the short term and long term (7 days). Our findings may partly explain why people with spontaneous CSA memories have the subjective impression that they have "repressed" their CSA memories for many years.     

Recovered memories of alleged sexual abuse: Lawsuits against parents

Recently there has been increased civil litigation by adults suing parents and others for sexual abuse following the recovering of memories of the abuse through therapy. The memories are recovered with the help of therapists who use concepts such as repression and dissociation to account for the lack of memories and who then use techniques such as hypnosis and survivors' groups. However, the claims of repressed memories of childhood sexual abuse recovered in the course of therapy are unlikely to be supported by empirical data.     

Forgetting of prior remembering in persons reporting recovered memories of childhood sexual abuse

Case studies of individuals reporting recovered memories of childhood sexual abuse suggest that some overestimate their prior forgetting of the abuse. People reporting recovered or continuous memories of childhood sexual abuse and control subjects reporting no history of abuse participated in two experiments examining this "forgot it all along" phenomenon. Participants in Experiment 1 were more likely to forget that they had previously recalled a studied item if they were cued to think of it differently on two recall tests than if they were cued to think of it in the same way on the two tests. This effect was stronger for recovered-memory participants than for continuous-memory and control participants. In Experiment 2, participants recalled autobiographical events three times over a period of 4 months. Much as in Experiment 1, they underestimated prior remembering when the events had been recalled in a different emotional frame (positive vs. negative) on the previous occasion. This underestimation was more pronounced for recovered-memory participants than for continuous-memory and control participants.     

False memories in women with self-reported childhood sexual abuse: an empirical study

Although controversy exists about the validity of memories of childhood abuse, little is known about memory function in individuals reporting childhood abuse. This study assessed memories for previously presented words, including the capacity for false memory of critical lures not actually present in the word list, in 63 subjects, including abused women with posttraumatic stress disorder (PTSD), abused women without PTSD, and men and women without abuse or PTSD. Abused women with PTSD had a higher frequency of false recognition memory of critical lures (95%) than abused women without PTSD (78%), nonabused women without PTSD (79%), or nonabused men without PTSD (86%). PTSD women also showed poorer memory for studied words and increased insertions of non-studied words other than critical lures. These findings are consistent with a broad range of memory alterations in abused women with PTSD.     

Factors influencing self-rated fear to a novel animal

Abstract

This study attempted to assess some of the factors that influence self-rated fear of a novel animal. Subjects were: (1) shown a picture of an animal that was novel to them; (2) given a brief snippet of information about it; and then (3) asked to make a variety of assessments about their likely reaction to the animal. Self-reported levels of fear to the novel animal were significantly higher if subjects were told that people were generally frightened of the animal. However, the extent to which individual levels of disgust sensitivity informed fear to the novel animal was dependent on: (1) the information that subjects were given about the reasons why other people might fear the animal; and (2) the interaction between disgust sensitivity levels and other beliefs about the animal (such as beliefs about being attacked by the animal or being made ill by the animal). Although disgust sensitivity has been found to be a factor important in generating fear to fear-relevant animals, the present study suggests that it also plays an important role in informing fear to a novel animal.     

The construction and validation of a juror bias scale

A questionnaire was constructed to measure individual differences in pretrial bias among jurors. The final Likert scale, called the Juror Bias Scale (JBS), contains 17 items—8 that reflect pretrial expectancies that defendants, in general, commit the crimes with which they are charged and 9 that reflect the value attached to conviction and punishment. The scale is internally consistent and test-retest reliable. Scores are uncorrelated with social desirability, moderately correlated with I-E control and belief in a just world, and more highly correlated with authoritarianism. In one validation experiment, student jurors were exposed to three trial presentations in a laboratory setting. Overall, subjects classified as prosecution biased were more conviction prone and adopted a less stringent standard of reasonable doubt. In a second study, community jurors watched one of two videotaped mock trials in a courtroom. Prosecution-biased subjects asserted a higher probability that the defendent committed the crime and rendered a higher percentage of guilty verdicts than defense-biased subjects for one of the two trials. JBS scores were unrelated to all demographic variables, but were significantly correlated with political views. The potential uses and limitations of the JBS are discussed.