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.

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TermDefinition
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.