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.     

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.     

The Prejudicial Impact of Pretrial Publicity1

The current studies examine the influence of pretrial publicity on potential jurors' attitudes toward a defendant. In Study 1, following one year of newspaper coverage of the investigation, arrest, and indictment of defendants for distributing large quantities of marijuana in southern Illinois, 604 potential jurors in that district were surveyed regarding their knowledge of the case, general attitudes toward crime, and attitudes toward the specific case. Analyses of the survey data revealed that knowledge of the case specifics was positively and significantly correlated with perceived culpability of the defendant but nonsignificantly correlated with willingness to admit partiality. Study 2 dealt with a highly publicized Dade County, Florida murder of a police officer in a drug sting operation. Again knowledge of pretrial publicity correlated significantly with perceived culpability of the defendant. As in Study 1, such knowledge did not correlate with stated ability to be impartial. We conclude that even modest pretrial publicity can prejudice potential jurors against a defendant and that self-reports of impartiality should not be taken at face value.     

The Determinants of Mock Jurors' Verdicts in a Rape Case1

The determinants of verdicts in a rape case were examined. Pretrial attitudes (rape empathy, juror bias, belief in a just world, and authoritarianism) were measured to ascertain both the intercorrelations among the attitudes and their predictive value of verdicts. The eye contact (staring, avoiding, or random) of the alleged rape victim with the defendant was also examined. Results showed that rape empathy was predictive of verdict. The eye contact of the alleged victim with the defendant also affected verdicts of female mock jurors. Specifically, when eye contact was avoided, more guilty verdicts were rendered. Furthermore, interpretation of eye contact was found to be a function of mock jurors' reported rape empathy. Specifically, subjects who reported empathy with the victim tended to interpret the victim's behavior as consistent with being raped. Finally, differences were found between high and low empathizers for the rape victim in what aspects of the trial were important to mock jurors' decisions.     

Mock Jurors' Evaluations of Child Sexual Abuse: The Impact of Memory Recovery and Therapeutic Intervention

The present research assessed whether mock jurors' decisions in a case involving allegations of child sexual abuse would be influenced by (1) the nature of the plaintiff's memory of the abuse (repressed, nonrepressed) and (2) therapeutic intervention (present, absent). Participants (N=123) were given a trial summary in which the plaintiff's memory and involvement in therapy were systematically varied to produce four conditions. Although verdicts varied only by sex of participant, some judgments of the plaintiff's claim were more favorable to the plaintiff in the non-repressed condition. Female participants were also less likely to believe that the claim involving memory repression was truthful when the woman was in therapy as opposed to not in therapy. Results also indicated that people who were aware of “False Memory Syndrome” were more likely to think the plaintiff was lying and less likely to think she was telling the truth compared to those who were not aware.     

How the Defendant's Emotion Level Affects Mock Jurors' Decisions When Presentation Mode and Evidence Strength Are Varied1

Two experiments (N= 443) were conducted to investigate the effects of a defendant's emotion level during testimony on mock jurors' decisions. In Experiment 1, the defendant's level of emotion (low, moderate, high) and mode of presentation (audio, video) were varied. The defendant displaying a low level, as opposed to a higher level of emotion was perceived as more guilty and less credible. In Experiment 2, using only the video mode, emotion level and evidence strength (strong, weak) were varied. Defendant emotion level tended to affect jurors' decisions only when the evidence against the defendant was weak (i.e., a stronger display of emotion was associated with a lower proportion of guilty verdicts, shorter sentence assignments, and perceptions of a more honest defendant). Path analyses for both experiments indicate that the effects of emotion on perceived guilt level are mediated by perceptions of the defendant (e.g., the defendant's level of honesty). Implications of using defendant emotion level for determining guilt are discussed.     

A Test of Voir Dire as a Remedy for the Prejudicial Effects of Pretrial Publicity1

The present experiment asked two questions: Does prejudicial pretrial publicity produce bias that may impair juror objectivity and, if it does, can extended, defense attorney-conducted voir dire (jury examination procedure) remedy its untoward effects? Subjects were 68 college undergraduates who had or had not read pretrial publicity one week before viewing a mock murder trial. Just prior to viewing the trial, subjects experienced either minimal or extended voir dire. Both pretrial publicity and voir dire produced significant main effects on subjects' perceptions of defendant culpability. Subjects exposed to pretrial publicity perceived the defendant as more culpable than subjects not exposed to pretrial publicity. Subjects who experienced extended voir dire perceived the defendant as less culpable than subjects who experienced minimal voir dire. The interaction between pretrial publicity and voir dire was nonsignificant, indicating that, contrary to our hypothesis, voir dire did not reduce the impact of pretrial publicity.     

The Effect of Several Types of Pretrial Publicity on the Guilt Attributions of Simulated Jurors1

The experiment (N= 312) tested the effects of two types of pretrial publicity (PTP) on the guilt verdicts of simulated jurors. Heinous PTP was manipulated by varying the degree to which the lurid details of a rape-murder were presented to prospective jurors. Prejudgement PTP varied in the extent to which it implied that the defendant was the perpetrator or the rape-murder. As predicted, PTP which was high in either heinousness or prejudgment increased the females' tendency to conclude-after the trial evidence-that the defendant was guilty of the crime. The biasing effect of prejudgment PTP, however, was significant only among females categorized as being of low IQ. In contrast, neither dimension of PTF' significantly influenced the guilt verdicts of male jurors. Several possible explanations of the sex's differential vulnerability to PTP were proposed. In addition, evidence was obtained that female jurors may have been derogating the rape-murder victim and defensively minimizing the gravity of her fate, as a result of motivations to believe in a just world.     

Evidence of Common Timing Processes in the Control of Manual,Orofacial, and Speech Movements

Recent investigations of timing in motor control have been interpreted as support for the concept of brain modularity. According to this concept, the brain is organized into functional modules that contain mechanisms responsible for general processes. Keele and colleagues (Keele & Hawkins, 1982; Keele & Ivry, 1987; Keele, Ivry, & Pokorny, 1987; Keele, Pokorny, Corcos, & Ivry, 1985) demonstrated that the within-subject variability in. cycle duration of repetitive movements is correlated across finger, forearm, and foot movements, providing evidence in support of a general timing module. The present study examines the notion of timing modularity of speech and nonspeech movements of the oral motor system as well as the manual motor system. Subjects produced repetitive movements with the finger, forearm, and jaw. In addition, a fourth task involved the repetition of a syllable. All tasks were to be produced with a 400-ms cycle duration; target duration was established with a pacing tone, which then was removed. For each task, the within-subject variability of the cycle duration was computed for the unpaced movements over 20 trials. Significant correlations were found between each pair of effectors and tasks. The present results provide evidence that common timing processes are involved not only in movements of the limbs, but also in speech and nonspeech movements of oral structures.     

Evidence of Common Timing Processes in the Control of Manual,Orofacial, and Speech Movements

Recent investigations of timing in motor control have been interpreted as support for the concept of brain modularity. According to this concept, the brain is organized into functional modules that contain mechanisms responsible for general processes. Keele and colleagues (Keele & Hawkins, 1982; Keele & Ivry, 1987; Keele, Ivry, & Pokorny, 1987; Keele, Pokorny, Corcos, & Ivry, 1985) demonstrated that the within-subject variability in cycle duration of repetitive movements is correlated across finger, forearm, and foot movements, providing evidence in support of a general timing module. The present study examines the notion of timing modularity of speech and nonspeech movements of the oral motor system as well as the manual motor system. Subjects produced repetitive movements with the finger, forearm, and jaw. In addition, a fourth task involved the repetition of a syllable. All tasks were to be produced with a 400-ms cycle duration; target duration was established with a pacing tone, which then was removed. For each task, the within-subject variability of the cycle duration was computed for the unpaced movements over 20 trials. Significant correlations were found between each pair of effectors and tasks. The present results provide evidence that common timing processes are involved not only in movements of the limbs, but also in speech and nonspeech movements of oral structures.     

Hindsight Bias,Visual Aids,and Legal Decision Making: Timing is Everything

Once individuals learn the outcomes of events, they tend to overestimate the ability with which they could have predicted the event (hindsight bias). We discuss the relation between processing fluency and hindsight bias in the context of visual animations designed to clarify complex events. Visual reconstructions, by increasing clarity while masking gaps or uncertainty in the underlying data, have been shown to increase hindsight bias in legal settings. More generally, any computer‐generated visual may not only clarify data sets, but breed overconfidence. Further, by taking a broader view of judgments shift over time, a clearer portrait of hindsight bias may be achieved.     

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.     

Assessment Center Graduate Selection: Decision Processes,Validity, and Evaluation by Candidates

In this contribution, results are presented of research on the predictive validity of a procedure for the career-oriented selection of graduates in The Netherlands. After selection on account of applicant letter, the selection procedure consists of four selective steps: interview with a ‘recruitment officer’, mental test, interview with line manager, and an assessment center comprising two situational exercises. Performance indicators investigated are present salary, average annual changes in function, appraisal of performance, appraisal of management potential, and average annual salary progression. We report on the relationships between the predictors, between the criteria, and between predictors and criteria. The assessment center, together with other steps from the selection procedure, appear to be valid for a number of performance indicators. The correlation between the overall assessment center rating and present salary, corrected for restriction in range, equals 0.55. Stepwise regression indicates that elements from all procedure steps contribute to the prediction of the criterion of average annual salary progression. The disturbing influence of possible ‘crown prince’ -effects on these results, are discussed. Also, the decision process taking place during the end meeting of the assessors is investigated. Finally, the evaluation of the procedure, both by accepted and by rejected candidates, is discussed. These and other results are compared to what is generally known about assessment centers.     

The Role of Decision Processes in Conscious Recollection

Dual-process models of recognition memory posit a rapid retrieval process that produces a general sense of familiarity and a slower retrieval process that produces conscious recollections of prior experience. The remember / know paradigm has been used to study the subjective correlates of these two processes, with remember judgments assumed to index conscious recollection and know judgments assumed to index familiarity. Recently, a two-criterion signal detection model has been proposed as an alternative account of this paradigm. This model assumes only a single memory process with a criterion remember from know responses. This report presents an empirical test of the model's critical prediction that manipulations that influence criterion placement should influence both remember and know judgments. An experiment confirmed this prediction, demonstrating that subjects who were told that 70% of the test items were study items produced more remember and know responses than subjects who were told that 30% of the test items were study items.     

Cognitive Diversity and Consensus in Group Decision Making: The Role of Inputs, Processes, and Outcomes

This study contributes to the new and growing body of research on shared cognition by examining how individuals entering a group decision-making context with different perspectives of the issues to be discussed arrive at cognitive consensus. Cognitive consensus refers to similarity among group members regarding how key matters are conceptualized and was operationalized as shared assumptions underlying decision issues in the present research. Utilizing 37 student groups participating in a multi-issue decision-making exercise, the study investigated antecedents and correlates of cognitive consensus. Results revealed that unanimity decision rule groups achieved more cognitive consensus than majority rule groups. In addition, group members inquiring concerning the reasons underlying others' decision preferences, accepting others' viewpoints as legitimate, and incorporating others' perspectives into their own interpretations of the issues was positively related to arriving at a greater degree of cognitive consensus. Cognitive consensus also positively influenced expectations regarding decision implementation and satisfaction.     

Coerced Confessions,Judicial Instruction,and Mock Juror Verdicts1

The present research assessed whether judicial instruction can curb jurors' inappropriate use of coerced-confession evidence. In Experiment 1, subjects read an auto theft trial in which the defendant had confessed on his own initiative (no constraint), after an offer of leniency (positive constraint), or after a threat of punishment (negative constraint). Subjects then received an instruction that simply directed them to ignore a coerced confession (short form), another that additionally defined both positive and negative inducement as coercive and hence unreliable (long form), or no instruction at all. As previously reported (Kassin & Wrightsman, 1980), subjects fully discounted the negatively constrained confession but not the positively induced one which, although judged involuntary, produced a high percentage of guilty verdicts. Neither form of instruction significantly reduced this latter tendency. In Experiment 2, subjects read an assault case involving a voluntary or positively coerced confession and one of four types of instruction. The positive coercion bias was replicated. An instruction that stressed both the unreliability and unfairness of an induced confession decreased voluntariness judgments but failed to lower the conviction rate. The theoretical basis for and practical implications of this phenomenon are discussed, and future research directions are proposed.     

Differences Between Australian and Japanese Students in Reported Use of Decision Processes

Decision making is an activity found in all cultures. Although many theoretical models have been developed to explain human decision making, very few have taken the role of culture into account. In this paper the importance of cultural influences on self-reported decision-making styles is examined, with particular emphasis on the dominant cultural pattern (i.e. “group orientation” versus “individual orientation”). Results of a questionnaire study of 743 Japanese and 309 Australian university students are presented. As predicted, Japanese students reported greater use of decision processes or behaviours associated with the involvement and influence of others (“collateral role”), while Australian students reported greater use of decision processes associated with self-reliance and personal ability (“individual role”).