The effects of defendant remorse on mock juror decisions in a malpractice case

The purpose of this study was to observe the effects of defendant remorse on monetary damages awarded to a plaintiff in a malpractice case. In two experiments, the physician-defendant expressed remorse at the time of the incident and again at trial, expressed remorse at trial, explicitly demonstrated a lack of remorse at trial, or made no mention of remorse (or a lack thereof). Participants decided how much money to award to the plaintiff and evaluated both the plaintiff and the defendant on several dimensions. Participants awarded greater compensation when the physician expressed remorse at the time of the incident than in the other conditions, both when the plaintiff was the injured patient's spouse in a wrongful death suit (experiment 1) and when the patient sued on his own behalf (experiment 2). This effect of remorse was greater for males than for females (experiment 1) and for relatively severely injured plaintiffs (experiment 2).     

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 sex role stereotype,victim and defendant race,and prior relationship on rape culpability attributions

The research addressed the influence of sex role stereotypes, victim and defendant's race, and the participants' relationship on perceptions of rape culpability by white respondents. Those who held traditional sex role stereotypes believed a rape victim to be more culpable than those with egalitarian stereotypes. In addition, respondents with traditional stereotypes perceived the defendant to be less culpable and less likely to commit a similar offense. Traditional stereotypes may contribute to a more stringent criteria for deciding that rape has occurred. Overall, respondents showed a bias against black rape victims and victims who had dated a black defendant. Rape defendants who had dated a black female were considered to be less likely to commit a similar act in future; thus, the propensity to rape was considered situationally specific.Appreciation is extended to Lawrence S. Wrightsman, Nyla Branscombe, Mark Barnett, and an anonymous reviewer for comments on an earlier draft of this paper. Data was collected at Kansas State University, Manhattan, Kansas.     

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.     

The effects of labelling,expert testimony,and information processing mode on juror decisions in SVP civil commitment trials

Expert witnesses offering testimony in sexually violent predator civil commitment trials may use diagnostic labels that are either familiar (e.g. ‘psychopath’) or unfamiliar (e.g. ‘paraphilia’) to jurors. Using predictions based on cognitive experiential self-theory, we explored the influence of testimony type (clinical versus actuarial) and diagnostic label (psychopath versus paraphilia) on jurors motivated to adopt either an experiential processing mode (PM; in which heuristic cues may be strongly relied upon) or an analytic rational PM. Consistent with previous research, our results indicated that when given a psychopathic diagnostic label, mock jurors motivated to process information experientially were more influenced by clinical testimony, whereas mock jurors induced into a rational mode were more influenced by actuarial testimony. However, experientially oriented jurors given a paraphilia diagnostic label did not show the expected influence of clinical expert testimony, and instead were more persuaded by actuarial testimony. These findings are discussed from a judgement and heuristics cues framework. The implications of several procedural suggestions are examined. Copyright © 2009 John Wiley & Sons, Ltd.     

How type of excuse defense, mock juror age, and defendant age affect mock jurors' decisions

The authors investigated the effects of mock juror age (younger vs. older), defendant age (22 vs. 65), and type of excuse defense used by defendants (a highly self-inflicted condition, Cocaine Dependency Disorder, vs. a less self-inflicted condition, Posttraumatic Stress Disorder) on mock juror decisions. Ninety-six younger and 96 older adults read a scenario and answered a questionnaire. Results indicated that the defendant using the highly self-inflicted excuse was more likely to receive a guilty verdict and a longer sentence than was the defendant using the less self-inflicted excuse. Older jurors were more certain of their verdicts and saw the defendant as more responsible for his condition than did younger jurors. Defendant age did not affect juror decisions. In addition, excuse type and juror age affected the jurors' perceptions of the victim's responsibility for the attack. The authors discuss the potential influence of juror age on perceptions of defendant responsibility.     

Interactive effects of characteristics of defendant and mock juror on U.S. participants' judgment and sentencing recommendations.

The authors examined the effects of interactions (a) between defendant attractiveness and juror gender and (b) between defendant race and juror race on judgment and sentencing among 207 Black, Hispanic, and White participants in the United States. After reading a vehicular-homicide vignette in which the defendant's attractiveness and race varied, the participants rated guilt and recommended sentences. The women treated the unattractive female defendant more harshly than they treated the attractive female defendant; the men showed an opposite tendency. The Black participants showed greater leniency when the defendant was described as Black rather than White. The Hispanic participants showed an opposite trend, and the White participants showed no race-based leniency. The findings on racial effects were consistent (a) with in-group favorability bias among the Black participants and (b) with attribution effects unrelated to race among the White participants.     

Expert testimony in child sexual abuse cases: The effects of evidence,coherence and credentials on juror decision making

Psychological experts have been used increasingly to testify in child sexual abuse cases, yet little research has investigated what specific factors make experts effective. This study examined the potential effects that credentials, evidence strength and coherence may have on juror decision making. Sixty‐four mock jurors read cases of child sexual abuse, followed by experts' testimony and rated guilt of the defendant, effectiveness of the expert testimony and credibility of the victim. Evidence strength and coherence of the testimony affected all dependent variables, and the interaction was significant. Guilt ratings of the defendant were lower and the victim was rated as less credible when both evidence strength and coherence were low. The credentials of the expert, however, had negligible impact. These findings indicate that experts can be effective and impact jurors when testimony is either high in coherence or high in evidence. Copyright © 2009 John Wiley & Sons, Ltd.     

The influence of FMRI lie detection evidence on juror decision-making

In the current study, we report on an experiment examining whether functional magnetic resonance imaging (fMRI) lie detection evidence would influence potential jurors' assessment of guilt in a criminal trial. Potential jurors (N = 330) read a vignette summarizing a trial, with some versions of the vignette including lie detection evidence indicating that the defendant was lying about having committed the crime. Lie detector evidence was based on evidence from the polygraph, fMRI (functional brain imaging), or thermal facial imaging. Results showed that fMRI lie detection evidence led to more guilty verdicts than lie detection evidence based on polygraph evidence, thermal facial imaging, or a control condition that did not include lie detection evidence. However, when the validity of the fMRI lie detection evidence was called into question on cross-examination, guilty verdicts were reduced to the level of the control condition. These results provide important information about the influence of lie detection evidence in legal settings. Copyright © 2011 John Wiley & Sons, Ltd.     

Intersection of race,gender, and nationality in teaching about race and racism

Teaching about race and racism is important in social work education, yet at times it can present perplexing experiences for some faculty members. Using the concept of intersectionality, this paper presents a narrative on my experience of teaching race and racism as a Black, female professor from the Caribbean. Examples of my pedagogical responses during these experiences are presented.     

Community members' perceptions of evidence: the effects of gender in a recovered memory civil trial.

Community members judged a civil trial in which a memory had either been recovered or kept secret until therapy 12 years later. Female jurors were more likely to find the defendant liable and to compensate female plaintiffs more than male plaintiffs, whereas the reverse pattern held for male jurors. Female plaintiffs who reported recovered memories were compensated least, whereas female plaintiffs who kept the abuse secret were compensated most. A mediational model was posited and results indicated that the origin of the memory of sexual abuse and victim gender influenced assessments of trial testimonies that were related to the trial outcomes. Results supported the postulated model and indicated significant juror-gender differences in evaluating and weighing the evidence.     

Decision‐making in civil litigation: Effects of attorney credibility,evidence strength,and juror cognitive processing

The current study examined the relationship between juror cognitive processing (measured by need for cognition [NFC]), attorney credibility, evidence strength, and civil litigation verdicts (liability, likelihood of causation, and compensatory damages). Participants (N = 446) viewed a videotaped mock civil trial in which the credibility of the attorneys and the strength of the plaintiff's evidence were manipulated. Plaintiff attorney credibility, defense attorney credibility, and strength of evidence interacted with one another for liability verdicts. In the strong evidence condition, the likelihood of a liable verdict was higher for a credible plaintiff attorney than a non‐credible plaintiff attorney when facing a non‐credible defense attorney. In the ambiguous evidence condition, the likelihood of a liable verdict was higher for a credible plaintiff attorney than a non‐credible plaintiff attorney when facing a credible defense attorney. Plaintiff attorney credibility, however, was found to be more influential on jurors’ decision‐making than case evidence for likelihood of causation and compensatory damage award decisions. Participants’ NFC also interacted with plaintiff attorney credibility. High NFC jurors were more influenced by a credible plaintiff attorney than low NFC jurors. Although these findings are counter to common findings in the NFC literature, they conform to a body of literature that supports the notion that jurors view attorney credibility as a piece of case evidence and not a peripheral cue as is often assumed. Thus, the findings indicate that attorneys do matter to the outcomes of cases. Policy and practice implications for attorneys and the courts are discussed.     

The effects of student gender,race, and achievement on career exploration advice given by canadian preservice teachers

This study investigated the effects of gender, race, and achievement on ratings of appropriateness of occupations and classifications of occupations (people, data, things) suitable for future exploration by ninth-grade students. The subjects (N=125; 106 females, 19 males), advanced undergraduate education students, were each asked to evaluate a case folder in which gender (female, male, not stated), race (Native, non-Native), and achievement (higher average, lower average) were systematically varied. Subjects gave ratings of appropriateness for future exploration of occupations on 5-point Likert-type scales. The occupations rated also represented three classifications (data, people, things), yielding a second dependent variable. Analysis was accomplished using two four-way analyses of variance. The attribute most influencing ratings was achievement. However, the three-way interactions of gender, race, and achievement limit direct interpretation of the data, and suggest that complex combinations of student attributes influence teachers. The limitations of the present study are emphasized; the implications for advising young women and for future research are discussed.     

Effects of mood and emotion on juror processing and judgments

This study explored the influence of mood and emotion on mock-jurors' processing of testimonial inconsistencies, perceptions of witness credibility and offender culpability, and verdicts. Jurors' mood and testimonial consistency were manipulated using a simulated trial with a 2 (mood: sad/neutral) x 2 (testimonial consistency: consistent/inconsistent) between-groups design. Sad mood resulted in more accurate reporting of testimonial inconsistencies, a finding consistent with previous research indicating more substantive processing in association with sad mood. Direct relationships between veridicality and number of inconsistencies detected and mock-juror judgments were also observed. Although anger was not experimentally manipulated, the data suggest that trial circumstances which arouse anger in jurors may impair processing and also bias their judgments of witnesses and defendants. Possible directions for research on mood and emotion in the courtroom context are suggested.     

The effects of gender, race, religion, and political orientation on the sex role attitudes of college freshmen.

Freshmen (N = 556) at a large eastern private university were administered a questionnaire during the first week of classes. A social learning perspective was used to examine the effects of gender, race (Asian, black, and white), religion (Catholic, Jewish, and Protestant), and political orientation (liberal and conservative) on four areas of sex role ideology--traditional attitudes toward female sexuality, justification of male dominance, negative attitudes toward homosexuality, and attitudes toward feminism. Although all four independent variables produced a significant effect on at least one measure of sex role ideology, religion and political orientation produced significant differences on all four sex role measures. Liberals as compared to conservatives and Jews as compared to Protestants were less traditional in their attitudes toward female sexuality, less accepting of male dominance and negative attitudes toward homosexuality, and more accepting of feminist attitudes. The results support the view that entering freshmen have established sex role belief systems that tend to be organized around constellations of traditional/conservative versus egalitarian/liberal attitudes.     

The effects of defendant conduct on jury damage awards

Laws of negligence dictate that jurors' decisions about damages be influenced by the severity of plaintiffs' injuries and not by the reprehensibility of defendants' conduct. The authors simulated an automobile negligence trial to assess whether jurors' decisions are in accord with those expectations. Conduct of the defendant and severity of the plaintiff's injuries were manipulated. Jurors listened to the evidence, completed predeliberation questionnaires, deliberated as a jury, and completed postdeliberation questionnaires. Severity of the plaintiff's injury had a strong impact on damage awards, but evidence related to the defendant's conduct was also influential, particularly when the plaintiffs injuries were mild. Here, jurors with any conduct-related evidence gave larger damage awards than jurors with no conduct-related evidence. Findings suggest an effect of defendant conduct on damage awards that may be mediated by judgments that the defendant was negligent.     

The Self-Report Psychopathy Scale and passive avoidance learning: a validation study of race and gender effects

The reliability and validity of the Self-Report Psychopathy Scale (SRPS) was examined in a noninstitutionalized offender sample of mixed gender and race. Adequate alpha coefficients were obtained for the total sample and across gender and race. The SRPS was compared to measures of trait anxiety and passive avoidance errors. SRPS total, primary, and secondary scores were positively and significantly correlated with trait anxiety and passive avoidance (commission) errors, but not omission errors. Employing hierarchical regression models, no anxiety, gender, or ethnic effects were found. Intelligence confounded the relationship between psychopathic traits and passive avoidance errors. Findings provide tentative support of the SRPS as a valid measure of psychopathy.