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.     

The Effects of Race and Social Dominance Orientation in Simulated Juror Decision Making1

Recent mock‐jury research often has found no evidence that White jurors are more likely to convict and impose harsher sentences on Black compared to White defendants. Drawing on social dominance theory (Sidanius & Pratto, 1999), this paper argues that this apparent null effect reflects that different racial biases shown by White jurors varying in social dominance orientation (SDO) cancel each other out. A mock‐jury study (n= 70) found no main effect for defendant race, but evidence for a crossover interaction with high SDO individuals showing an anti‐Black bias and with low SDO individuals showing a pro‐Black bias in their guilty judgments and sentence recommendations. The discussion argues race is still a critical factor in White jurors’ decision making.     

Mock Jury Research: Where Do We Go from Here?

This paper reviews the four types of validity that make up Cook and Campbell's traditional approach for social science research in general and psychological research in particular: internal validity, statistical conclusion validity, external validity, and construct validity. The most important generalizability threat to the validity of jury research is not likely a selection main effect (i.e., the effect of relying solely on undergraduate mock jurors) but is more likely the interaction of sample with construct validity factors. Researchers who try to capture the trial process with experimental paradigms may find that undergraduate mock jurors react differently to those efforts than do more representative community samples. We illustrate these issues with the seven papers that make up this volume, and conclude by endorsing Diamond's call for a two-stage research process in which findings with samples of convenience gradually add more realistic trial processes and representative samples to confirm the initial findings and increase the research program's credibility.     

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.     

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.     

Racial Bias in Decisions Made by Mock Jurors Evaluating a Case of Sexual Harassment

Abstract

White (N = 161) and Black (N = 152) college students served as mock jurors in a simulated civil case in which a female plaintiff accused a male defendant of sexual harassment. The authors experimentally manipulated the race (Black or White) of the litigants and asked the mock jurors to decide whether the defendant was guilty; to rate the certainty of their belief in the defendant's guilt; and, when they judged the defendant guilty, to recommend an award to the plaintiff. Mock jurors of both races tended to favor litigants of their own race and their own gender. Racial bias was highest among White male jurors and lowest among White female jurors.     

The indirect effect of cognitive reserve on the relationship between age and cognition in pathological ageing: A cross-sectional retrospective study in an unselected and consecutively enrolled sample

Cognitive reserve (CR) allows individuals to maintain cognitive functionality even in the presence of pathologies. The compensation hypothesis suggests that CR plays an indirect role between age and cognitive decline, contrasting the negative effect of ageing on cognition. We test this hypothesis in an unselected and consecutively enrolled sample of memory clinic attendees (n = 134) who completed the CR Index questionnaire and three neuropsychological tests assessing global cognition (MMSE, FAB, CDT). Participants were divided into two groups based on standard diagnostic criteria (DSM-5): those who were cognitively impaired (n = 92) and those who were preserved (n = 42). A principal component analysis was used to extract a composite measure of global cognitive functioning from the three neuropsychological tests, and mediation analysis was used to examine the relationship between CR, age and global cognitive functioning in the two groups. Results revealed that: (i) age had a significant direct negative effect on the global cognitive score in both groups; (ii) the three socio-behavioural proxies of CR together suppress the direct negative relationship between age and global cognitive score in cognitively impaired patients but not in cognitively preserved participants. This study confirms the association between CR, age and cognition and allows us to validate its role in a population with cognitive impairment and extend findings to a low-to-middle educated population. These results hold important implications for public health and wellness promotion, emphasising the beneficial role of maintaining healthy and active physical, cognitive and social lifestyles.     

The influence of self‐efficacy,subjective norms,and risk perception on behavioral intentions related to the H1N1 flu pandemic: A comparison between Korea and the US

This study examined the extent to which individualism‐collectivism moderates the relative effects of agency control beliefs (i.e., self‐efficacy), social norms (i.e., subjective norms), and risk perception (perceived vulnerability and perceived severity) on behavioral intention to engage in self‐protection behavior in the context of the H1N1 flu pandemic. Using multistage stratified sampling, the present study sampled people from the US (n = 399) and Korea (n = 500), two countries that have been found to be prototypical of individualistic and collectivistic national cultures, respectively. Consistent with the contrast between individualism and collectivism, the results of moderated regression analyses showed that intrapersonal control beliefs (i.e., self‐efficacy) and risk perception (i.e., perceived severity) had stronger effects on behavioral intention in the American sample than in the Korean sample, whereas social norms (i.e., subjective norms) had a stronger predictive power for the Korean sample than for the American sample. Overall, the findings contribute to health and risk studies by specifying which aspects of risk perceptions or beliefs are affected by national culture and how this translates into cross‐national variations in health risk behavioral intention.     

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.     

The Insanity Defense Reform Act of 1984: Much ado about nothing

The Insanity Defense Reform Act of 1984(IDRA), passed in the wake of Hinckley (1981) and after two years of Senate and House testimony and debate, removed the “volitional” prong of the ALI test, leaving only the “cognitive” prong. Prior empirical research and speculation suggested that this corrective would not serve its intended purpose. In this experiment, 54 mock jurors received one of four insanity test instructions: IDRA, ALI, a wild beast/mens rea test, or no instructions. Results showed that the test instructions did not produce significantly different verdict patterns, or effect in any other way the relevant and determinative constructs that jurors used in four different insanity cases.     

Town vs. gown: a direct comparison of community residents and student mock jurors

The use of students as mock jurors in the majority of legal psychology studies on jury behavior has been criticized (e.g., Bray & Kerr, 1979; Diamond, 1997). This study examined the degree to which student mock jurors' decisions were generalizable to those of real jurors. The participants of the study included 297 jury-eligible university students and 297 volunteers from the venire in the same community as that in which the students resided. All participants viewed one of six versions of a videotaped criminal trial. The defendant testified in English or in Spanish. In addition, the race of defendant was varied. Three bilingual individuals served as defendants with one appearing to be of northern European origin, one of Latino background, and one of African origin. Dependent variables included verdict and, for those who found the defendant guilty, the number of years to which he should be sentenced, and whether he should be fined. Student mock jurors differed reliably from their community counterparts on several demographic characteristics. However, the two groups had mixed results in relation to decision-making tasks. There was no difference in individual verdict preferences, but the students' sentence recommendations were more punitive. These results are interpreted in the context of the generalizability of mock juror studies.     

Jury Panel Member Perceptions of Interpersonal‐Affective Traits of Psychopathy Predict Support for Execution in a Capital Murder Trial Simulation

Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy – though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases. Copyright © 2013 John Wiley & Sons, Ltd.     

Personality,confirmation bias,and forensic interviewing performance

Confirmation bias is a universal characteristic of human cognition, with consequences for information processing and reasoning in everyday situations as well as in professional work such as forensic interviewing. Cognitive measures such as general intelligence are also related to personality traits, but there is a lack of research on personality and confirmation bias specifically. This study focuses, firstly, on the relationship between Big Five personality traits and confirmation bias as measured by the Wason selection task, and secondly, how these dispositions are related to observed performance in real forensic interviews of child victims. In a sample of police interviewers, Openness (i.e., the facets Ideas and Fantasy) and Neuroticism (i.e., the facets Anxiety and Vulnerability) were independently associated with confirmation bias (N = 72). Scores on the selection task, the Openness facet values, and the Extraversion facets Assertiveness and Activity were consistently related to interview performance (N = 46). Implications of these findings are discussed for the empirical and conceptual relations of cognitive ability to personality and for the selection and training of police interviewers and their professional development.     

Investigating the link between liking versus wanting self-esteem and depression in a nationally representative sample of american adults

The self‐esteem movement has been around since the 1970s, and may have influenced how much value people place on self‐esteem. We predicted a negative relationship between age and the amount of value placed on self‐esteem boosts. We also investigated the correlates of liking versus wanting self‐esteem boosts (and other pleasant rewards) on depression. A nationally representative sample of American adults (N = 867) indicated how much they liked and wanted several pleasant rewards (i.e., sex, food, alcohol, money, friendship, self‐esteem boost). They also completed a standardized measure of depressive symptoms. As expected, there was a negative relationship between age and valuing self‐esteem boosts, sex, and alcohol. People with depressive symptoms wanted self‐esteem boosts, even though they did not like them very much. Similar effects were obtained for depressive symptoms and alcohol and friendship. This is the first research to show that self‐esteem boosts are more valued among a nationally representative sample of younger American adults. It also is the first research to explore the association between depression and the motivation to boost self‐esteem. People with depressive symptoms want self‐esteem, and may pursue it, but this pursuit may feel unrewarding because they do not derive pleasure from it.     

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.     

Is Sexism a Gender Issue? A Motivated Social Cognition Perspective on Men's and Women's Sexist Attitudes Toward Own and Other Gender

The present research investigated the antecedents of ambivalent sexism (i.e., hostile and benevolent forms) in both men and women toward own and other gender. In two heterogeneous adult samples (Study 1: N = 179 and Study 2: N = 222), it was revealed that gender itself was only a minor predictor of sexist attitudes compared with the substantial impact of individual differences in general motivated cognition (i.e., need for closure). Analyses further showed that the relationship between need for closure and sexism was mediated by social attitudes (i.e., right‐wing authoritarianism and social dominance orientation), which were differently related to benevolent and hostile forms of sexism. In the discussion, it is argued that sexism primarily stems from individual differences in motivated cognitive style, which relates to peoples' perspective on the social world, rather than from group differences between men and women. 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.     

Professional Self-Efficacy as a Predictor of Burnout and Engagement: The Role of Challenge and Hindrance Demands

ABSTRACT. The objective of the current study is to analyze the role of professional self-efficacy as a predictor of psychosocial well-being (i.e., burnout and engagement) following the Social Cognitive Theory of Albert Bandura (1997). Structural Equation Modeling was performed in a sample of secondary school teachers (n = 460) and users of Information and Communication Technology (n = 596). Results show empirical support for the predicting role that professional self-efficacy plays in the perception of challenge (i.e., mental overload) and hindrance demands (i.e., role conflict, lack of control, and lack of social support), which are in turn related to burnout (i.e., erosion process) and engagement (i.e., motivational process). Specifically, employees with more professional self-efficacy will perceive more challenge demands and fewer hindrance demands, and this will in turn relate to more engagement and less burnout. A multi-group analysis showed that the research model was invariant across both samples. Theoretical and practical implications 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.