A2 - Making a Case - // - Inadmissable Evidence Flashcards
Background Info: What is inadmissible evidence? (3 marks)
- Hearsay (e.g. gossip, speculation, rumour, etc)
- Informing jurors about previous convictions
- Improper evidence acquired through illegal means (e.g. phone tapping, house search without warrant)
What does the judge do when inadmissible evidence is presented? What are potential implications?
The judge will direct the jury to disregard what they have just heard. However, by drawing attention to it, the jury pay even more attention (a.k.a the reactance theory).
Who conducted the study on inadmissible evidence?
Picket el al (1995)
What was the aim of his study?
To look at the role of the judge’s instructions, when followed by a legal explanation.
What was the sample?
236 students from Bali State University took part in the study.
What were the 2 experimental conditions?
- Judge rules evidence as inadmissible + legal explanation.
2. Judge rules evidence as inadmissible + no legal explanation
What did participants have to do? What was found?
- Participants had to decide verdict & probable guilt of defendant and credibility of witnesses.
- Mock jurors in the ‘no explanation’ condition, were able to ignore it and find the defendant guilty
- Mock jurors in the ‘legal explanation’ condition, were less likely to find defendant guilty; showing that they were unable to ignore it.
- Credibility of witness + knowledge of prior convictions had no significant effect on verdict
How is the sample biased?
Sample is made up of university students from a Bali uni
How is the study reliable?
Use of standardised procedure - audio tape
How is the study useful?
Helps us understand that attention should not be brought to inadmissible evidence.
How does the study lack ecological validity?
- jury = all students (not representative of a real jury)
- mock trial - audio tape
- decision doesn’t have repercussions and they didn’t deliberate
Name all 4 evaluative points.
- Biased Sample
- Reliability
- Usefulness
- Low ecological validity