PSYC 325: Lecture 13 and 14
Created by Kaitlyn Hawe-Good
What is the primary focus of trial tactics in psychology?
To study different forms of social influence in the courtroom.
| Term | Definition |
|---|---|
What is the primary focus of trial tactics in psychology? | To study different forms of social influence in the courtroom. |
Who are the 'Triers of Fact' in a courtroom? | The jurors and witnesses involved in the trial. |
What is persuasion in the context of trial tactics? | An attempt by lawyers to change jurors' attitudes to agree with their version of events. |
What does compliance mean in trial tactics? | When lawyers attempt to make jurors adhere to their assumptions without persuasion. |
What is dissuasion in the courtroom? | Lawyers' efforts to prevent jurors from being persuaded by opposing counsel. |
What are the two routes of persuasion according to the Elaboration Likelihood Model (ELM)? | Central Route and Peripheral Route. |
What characterizes the Central Route of persuasion? | Involves high thought and scrutiny, processing information and making inferences. |
What characterizes the Peripheral Route of persuasion? | Less cognitively effortful, relying on superficial cues. |
What factors influence the route of processing in persuasion? | Motivation and ability of the juror. |
What is the goal of cross-examination? | To uncover inaccuracies in a witness's evidence and draw out the truth. |
What is a common misuse of cross-examination in practice? | To discredit the witness rather than uncover the truth. |
What are some problematic techniques used in cross-examination? | Leading questions, complex questions, confrontational questions, and long delays. |
How do children typically respond to cross-examination? | They show high rates of compliance with leading questions and low rates of clarification seeking. |
What percentage of children changed their testimony during cross-examination according to Zajac, Gross, & Hayne (2003)? | 75% of children made at least one change to their earlier testimony. |
What findings were reported from Zajac & Hayne's (2003) study on cross-examination? | 85% of children changed at least one response, with 33% changing all responses. |
What impact does cross-examination have on children's accuracy? | It significantly decreases accuracy, even for initially accurate children. |
What recent findings suggest about the timing of cross-examination? | Cross-examination style questioning decreases accuracy even shortly after the event. |
What effect do brief verbal warnings have on children's accuracy during cross-examination? | They appear to have no effect on accuracy. |
What method shows promise in reducing the negative effects of cross-examination on children's accuracy? | Comprehensive preparation. |
What is the primary challenge in studying juror decision-making? | The jury room is considered sacred, making direct observation impossible. |
What method involves using mock jurors to study decision-making? | Researchers present mock evidence to eligible jurors and manipulate factors to assess their evaluations. |
How can case studies be used to understand juror decisions? | By analyzing past cases to gauge the effects of various factors, such as the presence of DNA evidence. |
What is a limitation of post-trial interviews with jurors? | Jurors often struggle to accurately recall how they made their decisions. |
What is a field experiment in the context of juror research? | Conducting experiments with real jurors to test hypotheses that may improve the decision-making process. |
What is the pre-trial publicity problem? | It refers to how media coverage of a crime can influence jurors' decisions, potentially compromising the fairness of a trial. |
What conflict does pre-trial publicity create in the legal system? | It creates a conflict between the right to a fair trial and freedom of the press. |
What did research by Imrich, Mullin, & Linz (1995) reveal about media coverage? | Media articles often reflect negatively on defendants, creating bias against them. |
What is the expected outcome of pre-trial publicity on trial results? | It is likely to disadvantage the accused and lead to more convictions. |
What did Steblay et al. (1999) find in their meta-analysis regarding pre-trial publicity? | Participants exposed to negative pre-trial publicity were more likely to judge the defendant guilty. |
What types of crimes increase the effects of pre-trial publicity? | Murder, sexual abuse, and drug crimes, which are sensational and attract media attention. |
What factors can amplify the effects of pre-trial publicity? | Multiple negative points in publicity, increased time between publicity and trial, emotional content, and TV coverage. |
What is the impact of emotional pre-trial publicity compared to factual publicity? | Emotional publicity, such as graphic descriptions, tends to have a stronger impact on jurors. |
What is the effectiveness of judicial instructions to jurors to disregard pre-trial publicity? | Research shows that such instructions are often ineffective and may even backfire. |
What did the New Zealand Law Commission (1998) state about juror instructions? | They argued that judges' instructions to disregard prejudicial pre-trial publicity should suffice as a safeguard. |
What is a common misconception about juror instructions to disregard evidence? | The misconception is that they effectively reduce the impact of inadmissible evidence. |
What is the role of mock jurors in experimental studies? | They help researchers understand how different factors influence juror decision-making. |
How does the length of time between pre-trial publicity and trial affect juror decisions? | Longer intervals allow jurors to consolidate their views, increasing the likelihood of bias. |
What is the significance of the study by Ogloff & Vidmar (1994)? | It identifies factors that increase the effects of pre-trial publicity on juror decisions. |
What is the general trend observed in media coverage of defendants? | Media coverage tends to focus on negative aspects of the defendant's character or past. |
What is the implication of having multiple negative points in pre-trial publicity? | It increases the likelihood of jurors forming a negative opinion about the defendant. |
Why is it difficult to control for all differences in case studies? | There are many variables in real cases that can affect outcomes, making it hard to isolate specific factors. |
What is the potential benefit of allowing jurors to take notes during trials? | It may help jurors make better-informed decisions. |
What is the challenge of using real jurors in field experiments? | Jurors are heavily protected from researchers, making such studies rare. |
What is the overall conclusion regarding pre-trial publicity and juror decision-making? | Pre-trial publicity generally disadvantages the accused and can lead to biased verdicts. |
What does the empirical research say about instructions to disregard in court? | They are ineffective in reducing harm caused by inadmissible evidence and improper arguments. |
What is the Theory of Ironic Processes? | It suggests that efforts not to think about something often cause it to dominate our thoughts. |
What is Reactance Theory? | It posits that people are motivated to maintain their freedom, which can lead to backfiring of disregard instructions. |
What is the Story Model in juror decision-making? | A model where jurors construct a story based on evidence, personal knowledge, and expectations of a complete story. |
What factors do jurors evaluate when constructing a story? | Coverage, uniqueness, coherence, completeness, consistency, and plausibility. |
What is pre-decisional distortion? | The phenomenon where jurors form a story early and accept or reject new evidence based on its conformity to that story. |
How does defendant attractiveness influence juror decisions? | Attractive defendants are often perceived as less likely to be guilty and receive less severe punishments. |
What did Efran (1974) find regarding juror perceptions of attractiveness? | Attractive defendants were considered less likely to be guilty compared to unattractive defendants. |
What is the impact of shared attributes between jurors and defendants? | It may increase affinity and result in increased leniency towards the defendant. |
What did Darby & Jeffers (1988) find about juror attractiveness? | Guilty convictions increased as defendant attractiveness decreased, and attractive jurors were more likely to convict. |
What is the significance of juror selection for lawyers? | Lawyers often struggle to select jurors who will return the 'right' verdict, with defense lawyers generally being more successful. |
What did Ziesel & Diamond (1978) study about dismissed jurors? | They found no significant difference in conviction likelihood between dismissed jurors and those who remained. |
What characteristics are likely found in a jury foreperson? | Typically male, middle-aged, of high status, and experienced with jury service. |
What is the difference between verdict-driven and evidence-driven deliberation styles? | Verdict-driven focuses on reaching a verdict quickly, while evidence-driven emphasizes forming a logical story from evidence. |
What is the Group Polarization Hypothesis? | It states that the average postgroup response will be more extreme in the same direction as the average pregroup response. |
What is leniency bias in criminal trials? | It refers to juries being more lenient than judges when there is disagreement on a verdict. |
What did Devine et al. (2001) conclude about juror favorability and final verdicts? | If 7 or fewer jurors favor conviction, the jury will likely acquit; if 10 or more favor conviction, they will likely convict. |
What happens when 8 or 9 jurors favor conviction during deliberations? | The final verdict is considered a toss-up. |
What is the role of personal knowledge in the Story Model? | Jurors use their personal knowledge or expectations of similar events to construct their story. |
What is the impact of a juror's previous history on their decision-making? | Jurors may be influenced by their own character and previous experiences, affecting their judgments. |
What did the study by Efran (1974) reveal about juror biases? | Jurors are less likely to convict attractive defendants compared to unattractive ones. |
How does the presence of a dissenter affect conformity in juror decisions? | The presence of one dissenter can reduce conformity, even if that dissenter is incorrect. |
What is the expected speaking time contribution of a jury foreperson? | A foreperson participates in deliberation far more than other jurors, accounting for 25 to 35% of speaking time. |
What is the effect of deliberation style on juror decision-making? | The effect is not yet fully understood, but juries tend to prefer a verdict-driven approach. |
What is the significance of juror characteristics in trial outcomes? | Individual differences such as race, gender, and class have not reliably predicted verdicts. |