Effects of Testimonial Inconsistencies and Witness Group Identity on Mock‐Juror Judgments1

We examined the interaction of testimonial consistency and witness group identity on mock jurors' judgments of witness effectiveness, probability that the defendant committed the crime, and verdict. In a 3 × 2 (Witness Group Identity × Testimonial Consistency) between‐groups design, 180 mock jurors heard a trial of a person charged with assault. Although both variables affected judgments, group‐identity effects were weak when testimony was characterized by inconsistencies, and they were stronger when testimony was internally consistent but ambiguous. The judgment patterns were consistent with predictions from Chaiken, Liberman, and Eagly's (1989) heuristic‐systematic processing theory, suggesting that heuristic processing would bias systematic processing when the evidence was not decisive.     

The Effects of Physical Attractiveness,Race, Socioeconomic Status,and Gender of Defendants and Victims on Judgments of Mock Jurors: A Meta-Analysis1

A meta-analysis of experimental research on mock juror judgments was conducted to assess the effects of physical attractiveness, race, socioeconomic status (SES), and gender of both defendants and victims to test the theory that jurors use characteristics that are correlated with criminal behavior as cues to infer guilt and to recommend punishment. In general, it was advantageous for defendants to be physically attractive, female, and of high SES, although these advantages were nil for some crimes. There were no overall effects of race on mock jurors' judgments, but the effect of defendant race on punishment was strongly moderated by type of crime. Effects of victim characteristics on jurors' judgments were generally inconsequential, although defendants were at a disadvantage when the victim was female.     

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.     

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.     

Effects of Victim and Defendant Race on Jurors' Decisions in Child Sexual Abuse Cases1

We examined the influence of victim and defendant race, victim age, juror gender, and juror prejudice on jurors' decisions in child sexual abuse cases. In Experiments 1 and 2, mock jurors judged Black and Hispanic child victims to be more responsible for their sexual abuse than White victims. In Experiment 2, jurors assigned more guilt to defendants in cases involving victims and perpetrators of the same race compared to different races. Experiment 3 illustrated that laypeople believe same‐race cases to be more plausible generally. Experiment 2 revealed that high‐prejudiced White mock jurors made no more racially biased judgments than low‐prejudiced mock jurors. Finally, women were generally more pro‐victim in their case judgments than were men, and older victims were disadvantaged compared to younger victims in terms of perceived credibility and responsibility, and their cases were less likely to draw convictions.     

The influence of lawyers' questions on witness accuracy,confidence, and reaction times and on mock jurors' interpretation of witness accuracy

Two studies demonstrate the influence of lawyers' complex questions on mock‐witness accuracy, confidence, and reaction times and on the interpretation of witness accuracy by mock jurors. In study one, 32 mock witnesses were shown a short film and then questioned either with lawyers' complex questions or simple alternatives. In Study 2, 20 mock jurors viewed video footage of the mock witnesses assigned to each of the two previous conditions and were asked to rate their confidence in the witnesses' answers. The findings of the two studies indicated that lawyers' use of confusing questions reduce not only accuracy but also speed of response and both witnesses' and jurors' ability to determine accuracy. The implication of these findings is straightforward, lawyers should ask simple questions wherever possible. Copyright © 2010 John Wiley & Sons, Ltd.     

What are we studying? Student jurors,community jurors,and construct validity

Jury researchers have long been concerned about the generalizability of results from experiments that utilize undergraduate students as mock jurors. The current experiment examined the differences between 120 students (55 males and 65 females, mean age = 20 years) and 99 community members (49 males and 50 females, mean age = 42 years) in culpability evaluations for homicide and sexual assault cases. Explicit attitude measures served as indicators of bias for sexual assault, defendant, and homicide adjudication. Results revealed that student and community participants showed different biases on these general explicit attitude measures and these differences manifested in judgments of culpability (guilt likelihood, convincingness of state's arguments, convincingness of defendant's arguments, and the defendants' criminal intentions) in sexual assault and homicide case scenarios. The results also showed that student mock jurors were more lenient when assigning guilt in homicide cases than were community members. The implications for future mock jury research are discussed. Copyright © 2011 John Wiley & Sons, Ltd.     

Perceptions of Children's Credibility in Sexual Assault Cases1

Children's testimony often plays a central role in prosecutions of child sexual abuse. Nevertheless, research on jurors' perceptions of the credibility of child sexual assault victims remains limited. In three experiments, we examined mock jurors' reactions to children's testimony about sexual abuse. Participant jurors were exposed to videotaped or written scenarios of child sexual abuse trials and then rated victim credibility and defendant guilt. Analyses indicated that: (a) victim age was either inversely related or unrelated to perceptions of victim credibility, (b) women were more likely than men to find child victims credible, (c) corroborating testimony from a child victim increased the credibility of another child victim, and (d) exposure of participants to past criminal acts and other negative defendant character evidence heightened perceived victim credibility and defendant guilt. Implications for understanding jurors' reactions to child witnesses are discussed.     

Jurors' Use of Standards of Proof in Decisions about Punitive Damages

Standards of proof define the degree to which jurors must be satisfied that a fact is true, and plaintiffs in civil lawsuits assume the burden of proving their claims to the requisite standard of proof. Three standards—preponderance of evidence, clear and convincing evidence, and beyond a reasonable doubt—are used by different jurisdictions in trials involving liability for punitive damages. We investigated whether individual mock jurors apply these standards appropriately by instructing them to read two personal injury trial summaries and to use one of three standards in either qualitative or quantitative format when deciding punitive liability. Results showed that jurors tended not to incorporate the standard into their judgments: defendants were just as likely to be found liable when the plaintiff's burden was high (“beyond a reasonable doubt”) as when the burden was low (“preponderance of evidence”). The format of the instruction also had a negligible effect. We suggest that nonuse of the standard of proof is related to jurors' preferences for less effortful or experiential processing in situations involving complicated or ambiguous material. Copyright © 2012 John Wiley & Sons, Ltd.     

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.     

Juror Need for Cognition and Sensitivity to Methodological Flaws in Expert Evidence1

This study examined whether need for cognition (NC) moderated jurors' sensitivity to methodological flaws in expert evidence. Jurors read a sexual harassment trial summary in which the plaintiff's expert presented a study that varied in ecological validity, general acceptance, and internal validity. High NC jurors found the defendant liable more often and evaluated expert evidence quality more favorably when the expert's study was internally valid vs. missing a control group; low NC jurors did not. Ecological validity and general acceptance did not affect jurors' judgments. Ratings of expert and plaintiff credibility, plaintiff trustworthiness, and expert evidence quality were positively correlated with verdict. Theoretical implications for the scientific reasoning literature and practical implications for trials containing psychological science are discussed.     

How expert witnesses' counterfactuals influence causal and responsibility attributions of mock jurors and expert judges

Past research has shown that counterfactual (“If…then…”) thoughts influence causal and responsibility attribution in the judicial context. However, little is known on whether and how the use of counterfactuals in communication affects lay jurors' and judges' evaluations. In two studies, we asked mock lay jurors (Study 1) and actual judges (Study 2) to read a medical malpractice case followed by an expert witness report, which included counterfactuals focused on either the physician, the patient, or external factors. Results showed that counterfactual focus had a strong effect on both lay jurors' and judges' causal and responsibility attributions. Counterfactual focus also moderated the effect of outcome foreseeability on responsibility attribution. Discussion focuses on how counterfactual communication can direct causal and responsibility attribution and reduce the importance of other factors known to influence judicial decision‐making. The potential implications of these findings in training programs and debiasing interventions are also discussed.     

The Effect of Acknowledging Mock Jurors' Feelings on Affective and Cognitive Biases: It Depends on the Sample

An intervention designed to correct affective and cognitive biases was tested in the context of a civil commitment hearing of a sexually violent predator. Potential differences between a college student mock jury sample and a more representative, juror venire sample in reaction to these bias correction interventions were explored. In the first of two experiments, undergraduate mock jurors (n = 130) demonstrated a leniency effect when the sex offender's attorney acknowledged jurors' emotional reactions and motivated them to thoughtfully weigh the evidence. The second experiment failed to replicate these findings with a more ecologically valid sample (n = 300). Several differences between samples were found: representative jurors, as opposed to undergraduates, were sensitive to differences between pure clinical and actuarial expert testimony; and measures of intrinsic cognitive effort predicted verdicts for undergraduates, but not for representative jurors. Copyright © 2011 John Wiley & Sons, Ltd.     

Improving the Credibility of Child Sexual Assault Victims in Court: The Impact of a Sexual Assault Nurse Examiner

The present study investigated the influence of a sexual assault nurse examiner's (SANE's) testimony on mock juror perceptions of a child or adolescent victim of child sexual assault. Community members (N = 252, 156 females) read a fictional criminal trial summary of a child sexual assault case in which the victim was 6 or 15 years old and the prosecution presented medical testimony from a SANE or a traditional registered nurse (RN), or did not present medical testimony. Mock jurors were more likely to render guilty verdicts when a SANE testified compared with the other two testimony conditions. In addition, pro-victim judgments (e.g., sympathy toward the victim) and negative defendant judgments (e.g., anger toward the defendant) mediated this relation. Finally, cognitive network representations of the case demonstrated that the RN and no-medical-testimony groups were similar and the SANE group was distinct from the other two conditions. We discuss these results in terms of the implications of SANE testimony in child sexual assault court cases. Copyright © 2015 John Wiley & Sons, Ltd.     

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.     

The Social Psychology of Jury Nullification: Predicting When Jurors Disobey the Law1

The United States judiciary assumes jurors obey the law as it is charged to them in the trial judge's instructions. This paper contends that jurors' comprehension of the law results from an active intelligence which makes available alternative decision rules giving rise to the power of juries to nullify instructions. To study the compliance assumption, we presented to mock jurors pattern jury instructions along with summaries of testimonies from a rape trial. Four times during the trial we administered to participants measures of their attributions of defendant responsibility, judgments about the legal elements of the case, and verdicts. Multiple regressions conducted with data from separate subsamples and with separate questionnaire administrations revealed that a) verdicts were based on attributions independent of the jury instructions, b) individual differences in life experiences predicted the degree to which decision makers used their attributions, and c) the more practiced participants were at applying the jury instructions the more heavily they weighed their own attributions and less heavily the judgments required by the law. We concluded that comprehension alone cannot predict the likelihood that jurors will comply with the law. Therefore, the assumption that jurors follow the law needs to be more carefully considered.     

The More You Ask For,the More You Get: Anchoring in Personal Injury Verdicts

The ‘anchoring and adjustment’ bias was demonstrated in a personal injury case using mock jurors. In Experiment 1, the ad damnum, or requested compensation, was manipulated across participants. In Experiment 2, anchors were operationalized as the strength of the legal evidence. Both monetary and causal anchors systematically influenced judgments of the probability that the defendant caused the plaintiff's injuries, compensation awarded, and perceptions of the litigants. These results indicate that anchoring occurs in legal applications, and that plaintiffs would do well to request large compensation awards. In addition, anchors expressed on one scale affected judgments expressed on another scale. This cross-modality anchoring stands in contrast to previous studies. Finally, these anchoring effects are unlikely to be explained by either demand effects or perceived relevance of the anchor.     

The effects of body‐worn camera footage and eyewitness race on jurors' perceptions of police use of force

Police use of body‐worn cameras (BWCs) is increasingly common in the USA. This article reports the results of one of the first experimental examinations of the effects of three BWC status conditions (absent, transcribed, viewed) and eyewitness race (Black, White) on mock jurors' case judgments, in a case in which a community member (defendant) was charged with resisting arrest but where the officer's use of force in conducting the arrest was controversial. Results provide evidence of significant main effects of both eyewitness race and BWC status. When the eyewitness supporting the defendant was White, mock jurors were less likely to vote the defendant guilty of resisting arrest, as well as more likely to consider the defendant credible and the officer culpable for the incident. In addition, when BWC footage of the arrest was viewed, compared with transcribed or absent, participants were less likely to vote the defendant guilty of resisting arrest, and also rated the officer's use of force less justifiable, and the officer more culpable and less credible. Follow‐up analyses demonstrated that these relationships between BWC condition and case judgments were all mediated by moral outrage toward the officer.     

A qualitative analysis of mock jurors' deliberations of linkage analysis evidence

Evidence about a suspect's behavioural similarity across a series of crimes has been presented in legal proceedings in at least three different countries. Its admission as expert evidence, whilst still rare, is becoming more common thus it is important for us to understand how such evidence is received by jurors and legal professionals. This article reports on a qualitative analysis of mock jurors' deliberations about expert linkage analysis evidence. Three groups of mock jurors (N = 20) were presented with the prosecution's linkage analysis evidence from the USA State v. Fortin I murder trial and expert evidence for the defence constructed for the purposes of the study. Each group was asked to deliberate and reach a verdict. Deliberations were video‐recorded and subject to thematic content analysis. The themes that emerged were varied. Analysis suggested that the mock jurors were cautious of the expert evidence of behavioural similarity. In some cases they were sceptical of the expert. They articulated a preference that expert opinion be supported using statistics. Additional themes included jurors having misconceptions concerning what is typical offender behaviour during rape which suggests there is a need for expert linkage analysis evidence regarding behavioural similarities and the relative frequencies of crime scene behaviours. Copyright © 2010 John Wiley & Sons, Ltd.