Expert psychological testimony on eyewitness reliability before and after Daubert: the state of the law and the science

This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in determining whether to admit such testimony, as well as the grounds upon which the testimony has been excluded. We then examine the Daubert decision and discuss its implications for the use of expert eyewitness testimony. We conclude by reviewing eyewitness research and research on jury decision-making that is likely to assume new importance in the post-Daubert era.     

A component analysis of a parent‐conducted multi‐component treatment for food selectivity

Treatment packages including differential reinforcement of alternative (DRA) behavior and escape prevention in the form of a non‐removal of the spoon procedure have been shown to successfully increase food consumption. However, when these treatment components are introduced simultaneously, the treatment component(s) responsible for behavior change cannot be determined. The purpose of this study was to conduct a sequential component analysis of the following treatment components: Bite fading, manipulation of reinforcer magnitude, and escape prevention. For two participants, food consumption did not increase until after escape prevention was introduced. For one participant, increased food consumption was observed after the magnitude of reinforcement was increased; therefore, escape prevention was not necessary. Results were maintained at a 12‐week follow‐up for all participants. Copyright © 2010 John Wiley & Sons, Ltd.     

Jury Deliberations: Discussion Content and Influence Processes in Jury Decision Making1

The present research investigated the jury deliberation process. Representative juror subjects viewed a realistic videotaped trial consisting of three offenses, deliberated in groups of six and reached verdicts on each charge, and completed a post-deliberation questionnaire that assessed individual cognitions. Deliberations were videotaped and content-analyzed. The results indicated that the initial vote distribution was a good predictor of the final verdict; majorities tended to prevail. Deliberation content was concentrated primarily in two areas: (a) the facts of the case and (b) statements of preference for guilty or not guilty verdicts. Path analyses suggested that decisions on the first charge were based jointly on the content of deliberations and on the group vote distribution, whereas decisions on later charges were based largely on normative pressures. Jurors' post-deliberation impressions of the trial were affected by whether or not they had changed votes during deliberations.     

Attributing Responsibility to Female Victims After Exposure to Sexually Violent Films1

We investigate the possibility that the degree to which female abuse victims are held accountable by other women who have been exposed to sexually violent mass media is primarily dependent upon 3 factors: situational relevance, personal similarity, and emotional arousal. Female subjects participated in an experiment. Factors were: film dose; film viewing/victim judgment time interval; victim-subject similarity; and situational relevance of the assault. The results showed less attribution of responsibility to similar victims and high attributions of responsibility to dissimilar victims in the personally relevant assault situation (rape). Women identified least with dissimilar rape victims and most with similar victims when they had not been desensitized. When subjects were desensitized, the defensive attribution effect failed to emerge. There was also a significant tendency among low film dose subjects to perceive more psychological injury and to attribute more distress to the victim than among high film dose subjects.     

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.     

Web-based research: Methodological variables’ effects on dropout and sample characteristics

Previous research has made a beginning in addressing the importance of methodological differences in Web-based research. The present paper presents four studies investigating whether sample type, financial incentives, time when personal information is requested, table design, and method of obtaining informed consent influence dropout and sample characteristics(both demographics and measured attitudes). Undergraduates were less likely to drop out than nonstudents, and nonstudents offered a financial incentive were less likely to drop out than those offered no incentive. Complex tables, tables that were too wide, requests for personal information on the first page, and the imposing of additional informed consent procedures each provoked early dropout. As was expected, nonstudents and those presented with complex tables showed more measurement error and attitude differences. Asking for personal information and imposing additional consent procedures affected the demographic makeup, raising challenges to external validity.     

Predicting the Outcomes of Disputes: Consequences for Disputant Reactions to Procedures and Outcomes1

Third parties in dispute settings often make predictions to disputants regarding the likely outcome of their dispute at arbitration. However, virtually no research has examined the impact of predictions on disputant satisfaction with dispute resolution procedures and outcomes. One explanation for the lack of attention to this variable may be that current theorizing regarding dispute resolution procedures is too narrowly stated to incorporate this procedural variation. Theories about predictability from nondispute settings are used to generate hypotheses regarding the consequences of such outcome prediction. In a laboratory setting, disputants prepared arguments in anticipation of an arbitration hearing. Prior to the arbitrator's decision, the experimenter read the disputants' arguments and made a prediction regarding the arbitrator's decision. Their arguments were then presented to an arbitrator who imposed a binding decision. Dependent measures include the disputants' anxiety while awaiting the arbitrator's decision, and their postdecision satisfaction with dispute resolution procedures and outcomes. Internal analyses support the hypothesis that outcome prediction has benefits for disputants' predecision coping, ratings of procedural fairness, and satisfaction judgments. Also, as hypothesized, correct predictions produced greater postdecision satisfaction with outcomes and decision-makers than did incorrect predictions.     

Methodological variables in Web-based research that may affect results: Sample type, monetary incentives, and personal information

There are many methodological differences between Web-based studies, differences that could substantially affect the results. The present study investigated whether sample type, offering payment through a lottery, and requiring participants to enter personal information would affect dropout rates and/or the substantive results in a study of jury decision making in capital cases. Asking participants to enter their e-mail addresses increased dropout rates, and offering payment through a lottery tended to do so as well. Participants offered payment tended to be less likely to give death sentences, and sample type moderated the influence of attitudes toward the death penalty on verdicts.     

An evaluation of emerging preference for non‐preferred foods targeted in the treatment of food selectivity

Several studies have shown that the acquisition of food consumption does not occur until after escape prevention is implemented. However, the mechanism responsible for the maintenance of food consumption may be due to participants contacting the reinforcing properties of food targeted during intervention such that the food naturally reinforces food consumption. The present study extended the literature on feeding disorders by conducting pre‐ and post‐treatment preference assessments to determine if preference for non‐preferred foods (NPFs) had developed after exposure to a treatment comparison of sequential and simultaneous food presentation; presentation methods were implemented alone and combined with escape prevention in the form of a non‐removal of the spoon (NRS) procedure. Results for three participants with food selectivity indicated that preference for NPFs developed after being exposed to those foods during either treatment sessions or generalization probes. Copyright © 2010 John Wiley & Sons, Ltd.     

A comparison of simultaneous versus sequential presentation of novel foods in the treatment of food selectivity

The present study extended the literature on feeding disorders by conducting a comparison of sequential and simultaneous food presentation in the treatment of food selectivity. In the simultaneous condition, a highly preferred food was presented in the same bite with a non‐preferred food (NPF), and during the sequential condition, a highly preferred food was delivered as a consequence for acceptance and consumption of NPFs. Generalization and maintenance of food consumption was assessed. Although results for two participants indicated that both presentation methods produced an increase in acceptance and consumption of NPFs when combined with an escape extinction procedure, anecdotal observations suggested that participants may have had a preference for eating foods in a sequential fashion. Copyright © 2010 John Wiley & Sons, Ltd.