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.     

Jurors' Decisions in Trials of Battered Women Who Kill: The Role of Prior Beliefs and Expert Testimony1

The present research explored the influence of four factors on mock jurors' decisions in a homicide trial involving a battered woman who killed her abusive husband: (a) jurors' preexisting beliefs about wife abuse, (b) the presence of expert testimony on the battered woman syndrome, (c) jurors' beliefs in a just world, and (d) gender. Mock jurors listened to a trial involving a woman who had killed her abuser, which either contained expert testimony or did not, and then rendered various judgments about the case. Results indicated that those individuals who were more informed about the dynamics of abuse and those exposed to the expert testimony, compared to their respective counterparts, were more believing of the battered woman's account of what occurred. In general, weak believers in a just world were more lenient in their judgments, with verdicts of not guilty being associated with weaker beliefs in a just world than guilty verdicts. Weak believers in a just world also felt that the expert testimony applied more to the defendant than did strong believers. Finally, women who were weak believers in a just world were less likely to hold the defendant responsible for the events and to be more informed about the dynamics of abuse following the experiment.     

Sentencing severity with mock jurors: Predictive validity of three variable categories

Previous studies have identified three categories of variables which influence decisions of mock jurors: type of crime, defendant characteristics, and personal characteristics of jurors. This study manipulated the following variables towards the ends of assessing their influence on mock jurors' sentencing severity: premeditated vs. unpremeditated murder, black vs. white defendant, low SES vs. high SES defendant. Only defendant SES predicted sentencing severity: low SES defendants were assigned significantly longer sentences than high SES defendants. None of the measures of juror characteristics correlated with sentencing severity. Failure to replicate significant relationships with most of these variables and sentencing severity suggest that results of studies which manipulate only one variable dimension may overestimate the influence of these variable dimensions in mock jurors' decisions.     

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.     

Effects of Victim,Defendant, and Juror Gender on Decisions in Child Sexual Assault Cases1

We examined the combined influence of juror, victim, and defendant gender on jurors’ decisions in child sexual abuse cases. Mock jurors read scenarios of an assault case involving a man or woman defendant accused of molesting a 15‐year‐old boy or girl. Jurors then rendered verdicts and rated the defendant's and victim's believability and responsibility for the abuse. Female jurors were generally more pro‐victim in case judgments than were male jurors. Additionally, a woman perpetrator was evaluated more leniently than was a man perpetrator, especially by male jurors when the victim was a boy. Case judgments were unrelated to jurors’ social conservatism, sexism, or attitudes toward homosexuality. Results have implications for understanding social perceptions of mixed‐ and same‐gender abuse involving adolescent victims, and juror decision making in man‐ and woman‐perpetrated child sexual assault cases.     

Juror Underutilization of Eyewitness Nonidentifications: A Test of the Disconfirmed Expectancy Explanation1

The impact of two types of eyewitness testimony on mock jurors' judgments was explored. A crime eyewitness either testified that the defendant definitely was the robber (identification), definitely was not the robber (nonidentification), or that they weren't sure if he was or was not the robber (control). An alibi eyewitness testified that the defendant either definitely was at the alibi location (identification), definitely was not at the alibi location (nonidentification), or he wasn't sure if the defendant was or was not at the alibi location (control). Strength of case was also manipulated. Results show that crime eyewitness identifications and alibi eyewitness nonidentifications were underutilized. A crime eyewitness by alibi eyewitness interaction revealed that within the crime eyewitness identification condition alibi identification was underutilized whereas with the other two crime eyewitness conditions, alibi nonidentification information was underutilized. The results supported a disconfirmed expectancy explanation.     

Well…ah…: Hesitations and Hedges as an Influence on Jurors' Decisions1

Hispanic jurors' verdicts and whether these decisions were related to jurors' judgments of the credibility of the witness were the focus of this experiment. A prosecution witness testified in English or in Spanish with interpretation in English. Witnesses' speaking style systematically included hedges and hesitations or did not. Guilty verdicts were independent of language of testimony. Within Spanish‐interpreted conditions, jurors convicted the defendant 47% of the time in the absence of hedges and hesitations. When he hedged and hesitated, they convicted 34% of the time. This effect was complicated by a reliable Witness Hesitation × Juror Language Dominance interaction. These results are interpreted in the context of the courtroom impact of non‐English‐speaking witnesses and the impact of interpretation.     

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.     

Disjunction Between Probability and Verdict in Juror Decision Making

Although the law assumes a close relation between the probability that a defendant committed the act in question and the ensuing verdict of the jurors, prior research has shown this assumption to be often violated. We present five experiments designed to show that factors that influence probability also influence verdict, but other factors are capable of directly producing changes in verdict without affecting probability. In Experiment 1, we replicated the Wells Effect; scenarios generating the same probability that the Blue Bus Company was to blame for the same accident, nevertheless, generated significantly different likelihoods of finding the defendant liable. In Experiment 2, we showed that equally diagnostic affirmative and negative evidence had differential effects on mock jurors' probability estimates and verdicts. In Experiment 3, we showed that a completely nondiagnostic witness, who either implicates the same bus company or a different bus company as did a diagnostic witness, significantly influenced mock jurors' verdicts. However, the nondiagnostic witness did not change the probability that the Blue Bus Company was responsible for the accident. In Experiment 4, we demonstrated that base rate and witness reliability information resulted in very similar probability estimates but radically different verdicts. In Experiment 5, we showed that a change in the diagnosticity of the evidence influenced both probability and verdict with the former mediating differences in the later. Because probability is only one of the several determinants of the verdict, the two dependent variables are not as closely related as the law presumes. Copyright © 2011 John Wiley & Sons, Ltd.     

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.     

An Attributional Analysis of Jurors' Judgments in Civil Cases

Abstract

Jurors' assessment of disputants in civil cases can be conceptualized as an attributional task. An experiment was designed to test the hypothesis that jurors, in the process of performing their attributional analyses of disputants, would exhibit judgmental biases that favor the defendant and disfavor the plaintiff. A total of 166 college students witnessed slide-tape presentations of trials for two civil cases. Each trial represented one condition in a 2 × 2 (Roles × Order) factorial design: Jurors (a) either heard Actors X and Y assume the roles of plaintiff and defendant or heard the same actors assume the opposite roles and (b) expressed their verdicts either before or after engaging in an attributional analysis of each litigant's behavior. The results supported the hypothesis. Juror's attributional analyses in both trials reflected a bias against the plaintiff. Each actor's behavior was attributed more often to hostile intentions and negative stereotypes when he assumed the role of plaintiff than when he was the defendant. Juror's verdicts also reflected a bias against the plaintiff, with votes for each actor in both trials decreasing as he shifted from defendant to plaintiff. No significant order effect was detected in either trial.     

Biases In Trials Involving Defendants Charged With Multiple Offenses1

Under federal and state laws, a defendant who has been charged with more than one offense can be tried for all the offenses in a single “joined” trial. It was predicted that the probabillty a defendant would be convicted would increase as a function of the number of joined offenses. Legal theories, research on memory, and social psychological models of information integration and attribution led to three hypotheses as to why this bias might occur: (1) confusion of evidence, (2) accumulation of evidence, and (3) inference of a criminal disposition. Subjects read and judged written trial summaries presented as joined or single trials. In Study 1, joinder resulted in higher rates of conviction and in confusion of evidence. In Study 2, the conviction results were replicated, and subjects judging joined trials also rated the evidence as more incriminating and made negative attributions about the defendant. These ratings were strongly related to judgments of guilt. A sequential judgment process was also found to affect jurors' judgments.     

Race Shapes Perceptions of Juvenile Offenders in Criminal Court1

We investigated the effects of defendant race, victim race, and juror gender on non‐African American mock jurors' perceptions of crimes committed by juvenile offenders. We predicted that mock jurors, particularly men, would render more pro‐prosecution case judgments when the defendant was African American than White. We also predicted that defendants would be judged more harshly when the crime victim was portrayed as White rather than as African American. Although there were few main effects of defendant race or victim race on case judgments, defendant and victim race by juror gender interactions revealed that men (but not women) demonstrated the predicted bias against African American defendants and victims. Explanations and implications are 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.     

Alibi Believability: The Effect of Prior Convictions and Judicial Instructions

Undergraduates (N = 339) listened to a simulated police interview with a defendant concerning his alibi. We studied the impact of (a) the strength of the alibi evidence; (b) defendant's prior convictions; (c) judge's instructions on prior conviction evidence; and (d) perceivers' need for cognition (NFC) on alibi believability and defendant guilt ratings. Defendants previously convicted of the same crime as the current charge were seen as more likely to be guilty than defendants previously convicted of a different crime. Judge's instructions did not affect guilt ratings. NFC was less influential than anticipated, but did affect participants' understanding and recall of judicial instructions. Strong alibis were seen as more believable and led to lower guilt ratings than weak alibis.     

Defendant's Attractiveness as a Factor in the Outcome of Criminal Trials: An Observational Study1

Observers rated the physical attractiveness of 74 defendants in criminal court, covering a broad range of offenses. Seventy-three usable cases were obtained. For 67 defendants (excluding those who had drawn “flat sentences” of 99–199 years), attractiveness was predictive of both minimum and maximum sentences (p <.001)-the more attractive the defendant, the less severe the sentence imposed. No significant relationship was found between attractiveness and conviction/acquittal, although seriousness of the crime was found to correlate negatively with attractiveness (p <.01)). Race of the defendant showed a systematic relationship to punishment, with nonwhites drawing consistently more severe sentences than whites; a multiple regression analysis using attractiveness, race, and seriousness of crime as predictors of punishment yielded results which implied that this finding was largely due to a confounding of race and seriousness of the crime.     

Negative Emotions Felt During Trial: the Effect of Fear,Anger, and Sadness on Juror Decision Making

During trial, jurors may experience a variety of emotions, many of which are negative. The current study examined the effects the negative emotions anger, fear, and sadness had on jurors' sentencing decisions and explored whether the cognitive appraisal theory or the intuitive prosecutor model could explain these effects. Jurors viewed the sentencing phase of a capital murder trial and were asked to sentence the defendant. Results indicated that after viewing the trial, jurors reported increased anger and sadness, but not fear. However, only change in anger affected jurors' sentences. Jurors who reported a greater change in anger were more likely to sentence the defendant to death. This effect was mediated by the level of importance that jurors placed on the prosecution's evidence and argument. Consistent with the intuitive prosecutor model, increased anger led to higher ratings of the importance of the aggravating evidence and an increase in death sentences. Implications are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

Perceptions of Sexual Assault: The Expression of Gender Differences and the Impact of Target Alcohol Consumption1

This research examined the impact of defendant/complainant alcohol consumption and prior sexual history evidence on mock jurors' evaluations of a sexual assault trial. Participants (N = 196) were provided with a simulated trial in which the beverage consumption of both targets and the sexual history between them was manipulated. The results displayed a complex interplay between target beverage consumption and gender of participant. Typically observed gender effects—that is, women, compared to men, were more supportive of the complainant and less supportive of the defendant—was contingent upon target beverage consumption. Depending on how aggressive participants perceived the defendant to be, women were more sympathetic to the complainant, with this being contingent upon complainants' and defendants' beverage consumption.