Jurors' Views on the Value and Objectivity of Mental Health Experts Testifying in Sexually Violent Predator Trials

Although psychologists and psychiatrists often testify in court, we know relatively little about the extent to which jurors value the testimony they hear from these experts. We surveyed 161 jurors who rendered opinions in 14 sex offender civil commitment trials after hearing testimony from psychologists and psychiatrists serving as expert witnesses. Most jurors reported that the experts they heard testify were honest, and they tended to attribute disagreements among experts to case complexity, as opposed to adversarial allegiance or bias. Most reported that hearing from the experts helped them make better decisions and that experts using risk assessment instruments could make more accurate predictions than those who did not. Jurors were, however, more skeptical about the ability of experts to accurately predict recidivism when they heard testimony from both prosecution and defense experts. Findings suggest that jurors value risk assessment testimony from experts, but that experts must think carefully about how to best make risk assessment instrument results accessible to jurors. Copyright © 2014 John Wiley & Sons, Ltd.     

Determining dangerousness in sexually violent predator evaluations: cognitive-experiential self-theory and juror judgments of expert testimony

Past research examining the effects of expert testimony on the future dangerousness of a defendant in death penalty sentencing found that jurors are more influenced by less scientific clinical expert testimony and tend to devalue scientific actuarial testimony. This study was designed to determine whether these findings extend to civil commitment trials for sexual offenders and to test a theoretical rationale for this effect. In addition, we investigated the influence of a recently developed innovation in risk assessment procedures, Guided Professional Judgment (GPJ) instruments. Consistent with a cognitive-experiential self-theory based explanation, mock jurors motivated to process information in an experiential condition were more influenced by clinical testimony, while mock jurors in a rational mode were more influenced by actuarial testimony. Participants responded to clinical and GPJ testimony in a similar manner. However, participants' gender exerted important interactive effects on dangerousness decisions, with male jurors showing the predicted effect while females did not. The policy implications of these findings are discussed.     

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.     

Juror decision-making in a mock sexually violent predator trial: gender differences in the impact of divergent types of expert testimony

Despite widespread use of mental health testimony in cases where violence risk is at issue, relatively little is known about the impact of such information on juror decision-making. This study addressed the effects of testimony based on three types of risk assessment instrument or method (clinical opinion, actuarial assessment, and ratings of psychopathy) to examine whether they would have differential impact on jurors' perceptions of the defendant. In a mock sexually violent predator civil commitment trial, 172 undergraduates were presented a case summary that included prosecution and defense expert testimony related to violence risk based on one of the three methods noted above. Consistent with earlier research, the hypothesis that a defendant described as a "high risk psychopath" by the prosecution would be judged more severely than a defendant judged as "high risk" based on other evaluation procedures was supported, but only among female jurors. Unlike prior studies, little support was found for the hypothesis that clinical opinion testimony would be more influential than actuarially based testimony for either gender. Mechanisms that may underlie the observed gender differences are discussed, as are the potential implications of these findings for civil commitment proceedings.     

The effects of rational and experiential information processing of expert testimony in death penalty cases

Past research examining the effects of actuarial and clinical expert testimony on defendants' dangerousness in Texas death penalty sentencing has found that jurors are more influenced by less scientific pure clinical expert testimony and less influenced by more scientific actuarial expert testimony (Krauss & Lee, 2003; Krauss & Sales, 2001). By applying cognitive-experiential self-theory (CEST) to juror decision-making, the present study was undertaken in an attempt to offer a theoretical rationale for these findings. Based on past CEST research, 163 mock jurors were either directed into a rational mode or experiential mode of processing. Consistent with CEST and inconsistent with previous research using the same stimulus materials, results demonstrate that jurors in a rational mode of processing more heavily weighted actuarial expert testimony in their dangerousness assessments, while those jurors in the experiential condition were more influenced by clinical expert testimony. The policy implications of these findings are discussed.     

Sexually Violent Predators: Toward Reasonable Estimates of Recidivism Base Rates

The sexual recidivism rate of sex offenders is a controversial issue. Perhaps as controversial is the sexual recidivism rate of the select group of sex offenders who are examined pursuant to sexually violent predator (SVP) statutes. At present, reliable estimates of SVP recidivism are unavailable. We propose that reasonable estimates of SVP recidivism can be reached by considering three available pieces of data: (i) a likely recidivism rate of the general population of sex offenders; (ii) procedures typically followed by jurisdictions that civilly commit sex offenders; and (iii) classification accuracy of procedures. Although sexual recidivism rates vary across jurisdictions, the results of our analyses suggest sex offenders referred for examination pursuant to SVP statutes recidivate at substantially higher rates than typical sex offenders. Our results further suggest that sex offenders recommended for commitment as SVPs recidivate at even greater rates than SVP respondents who are not recommended for commitment. We discuss practice and policy implications of these findings. Copyright © 2013 John Wiley & Sons, Ltd.     

Sexual predator commitment laws: lessons for law and the behavioral sciences

Sex offender commitment laws use a mental health commitment model to lock up the "most dangerous" sex offenders after their prison sentences expire. In Kansas v. Hendricks, the United States Supreme Court rejected the major constitutional challenges to these laws. The Hendricks case clarifies important ambiguities about the use of civil commitment to enforce "police power" interests, as opposed to "parens patriae" interests. Hendricks also clarifies the role of "treatment" in justifying civil commitment. While there remain some important legal issues to be resolved, the future direction of sex offender commitment schemes will turn most significantly on policy decisions. The behavioral sciences can play an important role in shaping these decisions. The most significant questions concern whether expensive commitment programs are the most effective use of scarce treatment and supervision dollars. Additional research should be directed to improving dynamic predictors of recidivism, operationalizing "inability to control" standards, judging the "social meaning" of commitment laws, and assessing the potential treatment disincentives of these laws.     

Reality check: A comparison of college students and a community sample of mock jurors in a simulated sexual violent predator civil commitment

Despite concerns about generalizability, past mock trial research has concluded that effects of sample (i.e., students versus representative mock jurors) are negligible. The current study was conducted to explore this conclusion within the conceptual framework of cognitive–experiential self‐theory (CEST). Through a mock civil commitment hearing of a sexually violent predator, responses of student (n = 138) and representative (n = 240) mock jurors were compared. Results revealed several important differences between samples: (a) the student sample scored higher on the rational processing measure (i.e., need for cognition); (b) students' verdicts were also significantly correlated to a measure of their cognitive processing style, an enduring personal characteristic related to the extent to which an individual engages in either effortful/effortless cognition; and (c) the representative sample was more punitive, was more persuaded by clinical expert testimony, and evidenced a greater gender effect in its decisions. Implications for jury decision‐making research are discussed. Copyright © 2009 John Wiley & Sons, Ltd.     

The impact of expert testimony on trials of battered women who kill their husbands

Increased attention to family violence is reflected, in part, in the growing number of social scientists who have applied the results of their work in trials of battered women who have killed their husbands. Acting as expert witnesses, these individuals detail their knowledge and offer opinions in order to educate jurors about the social and psychological consequences of abuse within marital relationships. Little is known about the actual impact of expert testimony on jury deliberation in cases involving battered women. Those engaged in studying the interface of psychology and criminal justice have relied primarily on anecdotal evidence which suggests that expert testimony shapes jurors' attitudes and their ultimate decisions. (Ellison & Buckhout, 1981). This article summarizes psychological research on how individuals, including battered women, react to victimization and provides a preliminary theoretical formulation of this problem.     

Beliefs about factors affecting the Reliability of eyewitness testimony: A Comparison of judges,jurors and the general public

We surveyed 164 members of the juror pool of the Court of Appeal and a representative sample of 1000 adult Norwegians without juror experience, about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of Norwegian judges. Although the judges were somewhat more knowledgeable than jurors and the general public, all groups had limited knowledge of eyewitness testimony. Juror experience, in terms of number of times serving as juror, did not correlate with eyewitness knowledge. Consistent with this finding, the knowledge scores of the jurors were similar to the scores of the general public, tested with an abridged seven‐item version of the questionnaire. Comparisons with the results of surveys conducted in the US, indicate similar levels of knowledge among law professionals and jurors in the two countries. Increasing the knowledge of eyewitness testimony among the principal participants in the judiciary system may be an important component of the solution to eyewitness error. Copyright © 2009 John Wiley & Sons, Ltd.     

Videotaped Versus In-Court Witness Testimony: Does Protecting the Child Witness Jeopardize Due Process?1

Videotaping depositions may protect a child witness from the stress of testifying in court but also may influence jurors’ perceptions of the child and the defendant, and jurors’ verdicts in systematic ways. The present study examines several psychological hypotheses that emerge from the controversy over the use of videotaped depositions of child witnesses in child sexual abuse trials. We predicted that student jurors viewing a videotaped deposition would be more proprosecution and less prodefense than those who did not receive testimony in such a form. Thus, it was predicted that jurors viewing a videotaped deposition would perceive the prosecution witnesses and their testimonies more favorably, the defense witnesses and their testimonies less favorably, and give more guilty verdicts than jurors who viewed identical testimony during the course of a trial. We also predicted that females would be more proprosecution and less prodefense than males and that this gender difference would be accentuated by the medium of presentation. The medium of presentation had only a few effects on jurors’ responses. However, when differences emerged, they generally provided support for the predicted main effects. The implications of these findings for the use of videotaped depositions of child sexual abuse victims are discussed.     

Competence to proceed in SVP commitment hearings: Irrelevant or fundamental due process right?

Sexually Violent Predator (SVP) civil commitment, intended to incapacitate offenders and protect the public, has been implemented in 21 jurisdictions. While respondents in traditional civil commitment proceedings need not be competent to proceed, SVP commitment may present a greater deprivation of liberty and therefore greater procedural protections may be merited. Statutes and case law regarding competence in this context address two issues: competence to challenge unproven sexual offense allegations and competence to participate in the SVP commitment process. Of the 14 states that have addressed the issue, one concluded that respondents must be competent to challenge unproven allegations and one concluded that all SVP respondents must be competent to participate in the commitment process. Differences between SVP and traditional civil commitment, the rationale underlying the competence requirement, and decisions regarding competence in SVP commitment are reviewed to inform debate regarding whether SVP respondents must be competent to proceed with the commitment process. Copyright © 2010 John Wiley & Sons, Ltd.     

Adjusting risk of recidivism: do judicial departures worsen or improve recidivism prediction under the Federal Sentencing Guidelines?

A limited amount of research exists examining the ability of clinical or intuitive adjustments of formalistic methods of decision-making to improve upon predictive accuracy beyond that of the original measure. Using receiver operator characteristic (ROC) curves and the departure decisions of federal judges, the recidivism predictive utilities of two measures were compared. The two measures were the Criminal History category, based on the Federal Sentencing Guidelines (a formalistic procedure), and a re-coded measure of criminal history derived from the sentences actually imposed by judges after they departed from the Guidelines upwards or downwards for recidivism reasons (an adjustment to the formalistic procedure). Both a 10 year post-sentencing recidivism follow-up and a 6 year uniform follow-up period suggested that the Criminal History category performed poorly in predicting recidivism for this offender population, and that judicial departures not only failed to improve, but actually worsened, the predictive accuracy of pre-departure judgments. Policy implications of the findings are discussed.     

Replications and Limitations of a Two-Factor Model of Child Witness Credibility

Two experiments are reported that test the idea that jurors perceive child witnesses in terms of a 2-factor model of credibility with the factors defined as cognitive ability and honesty (Leippe & Romanczyk, 1987; Ross, Millers, & Moran, 1989). In the first experiment, 300 mock jurors watched a realistic videotaped recreation of a sexual abuse trial and rated the credibility of the child witness. Mock jurors perceived the child witness in terms of 2 factors: cognitive ability and honesty. Only honesty predicted verdict. These findings were replicated in Experiment 2 ( N = 300) when only the child's testimony was presented and the perceptions of the child witness were not contaminated by the testimony of the other witnesses in the trial.     

The dark figure of sexual recidivism

Empirical studies of sexual offender recidivism have proliferated in recent decades. Virtually all of the studies define recidivism as a new legal charge or conviction for a sexual crime, and these studies tend to find recidivism rates of the order of 5–15% after 5 years and 10–25% after 10+ years. It is uncontroversial that such a definition of recidivism underestimates the true rate of sexual recidivism because most sexual crime is not reported to legal authorities, a principle known as the “dark figure of crime.” To estimate the magnitude of the dark figure of sexual recidivism, this paper uses a probabilistic simulation approach in conjunction with the following: (i) victim self‐report survey data about the rate of reporting sexual crime to legal authorities; (ii) offender self‐report data about the number of victims per offender; and (iii) different assumptions about the chances of being convicted of a new sexual offense given that it is reported. Under any configuration of assumptions, the dark figure is substantial, and as a consequence the disparity between recidivism defined as a new legal charge or conviction for a sex crime and recidivism defined as actually committing a new sexual crime is large. These findings call into question the utility of recidivism studies that rely exclusively on official crime statistics to define sexual recidivism, and highlight the need for additional, long‐term studies that use a variety of different measures to assess whether or not sexual recidivism has occurred.     

Information Integration Theory,Juror Bias,and Sentence Recommendations Captured Over Time in a Capital Trial

Initial juror verdicts have been shown to predict final verdicts, leading researchers to conclude that jurors seek confirmatory information during trial (confirmation bias) or distort information to fit pre‐existing biases (pre‐decisional distortion). However, Information Integration Theory suggests that individuals are not distorting/ignoring this information, and instead, information influences judgments in the direction of the message. The current study sought to test these competing theories in a juror setting. Mock jurors were presented with the sentencing phase of a capital trial and were asked to give sentence recommendations at eight different time points. Additionally, they were grouped by their pretrial bias as being pro‐defense, neutral, or pro‐prosecution. Results showed support for Information Integration Theory; although jurors' pretrial bias predicted final sentence, sentence recommendations were affected in the direction of the testimony presented throughout the trial (e.g., pro‐defense testimony lowered death penalty decisions across all groups). Implications and future directions are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

The role of death qualification and need for cognition in venirepersons' evaluations of expert scientific testimony in capital trials

The purpose of this study was to investigate the role of death qualification in venirepersons' evaluations of expert scientific testimony in capital trials. 200 venirepersons from the 12th Judicial Circuit in Bradenton, FL completed a booklet that contained the following: one question that measured their attitudes toward the death penalty; one question that categorized their death-qualification status; the Need for Cognition (NFC) scale (Cacioppo, Petty & Kao, 1984); a summary of the guilt phase of a capital case (which included the cross-examination of the state's expert witness); verdict preference; five questions concerning participants' evaluations of the expert's testimony; the penalty phase of a capital case; sentence preference; and standard demographic questions. Results indicated that death-qualified venirepersons were more likely to demonstrate a low need for cognition and view ambiguous expert scientific testimony as valid, important in their decision-making processes, unbiased, and of high quality. Finally, death-qualified participants were more conviction- and death- prone than their excludable counterparts. Surprisingly, death-qualified and excludable jurors did not differ with respect to whether or not they felt that the expert followed correct procedures. Legal implications and applications are discussed.     

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 validity and reliability of the Violence Risk Scale-Sexual Offender version: assessing sex offender risk and evaluating therapeutic change

The Violence Risk Scale-Sexual Offender version (VRS-SO) is a rating scale designed to assess risk and predict sexual recidivism, to measure and link treatment changes to sexual recidivism, and to inform the delivery of sexual offender treatment. The VRS-SO comprises 7 static and 17 dynamic items empirically or conceptually linked to sexual recidivism. Dynamic items with higher ratings identify treatment targets linked to sexual offending. A modified stages of change model assesses the offender's treatment readiness and change. File-based VRS-SO ratings were completed on 321 sex offenders followed up an average of 10 years post-release. VRS-SO scores predicted sexual and nonsexual violent recidivism post-release and demonstrated acceptable interrater reliability and concurrent validity. A factor analysis of the dynamic items generated 3 factors labeled Sexual Deviance, Criminality, and Treatment Responsivity, all of which predicted sexual recidivism and were differentially associated with different sex offender types. The dynamic items together made incremental contributions to sexual recidivism prediction after static risk was controlled for. Positive changes in the dynamic items, measured at pre- and posttreatment, were significantly related to reductions in sexual recidivism after risk and follow-up time were controlled for, suggesting that dynamic items are indeed dynamic or changeable in nature.