Courts IV and Conclusion Flashcards
Pennington and Hasties (1986) story model
- Story construction,
- Verdict representation and
- Story classification.
Story construction
- This is where jurors actively make sense of trial information and shape it into a coherent account.
- When several stories are constructed, one is picked as most acceptable based on three principles:
- Coverage- Degree to which a story accounts for trial information.
- Coherence- Degree to which it is consistent with trial and outside knowledge.
- Completeness- Degree to which it has all its parts.
Story construction three principles
- Coverage- Degree to which a story accounts for trial information.
- Coherence- Degree to which it is consistent with trial and outside knowledge.
Completeness- Degree to which it has all its parts.
Verdict representation
- This stage occurs when jurors are presented with alternative verdict decisions.
- These are derived from judges instructions on law, but can be influenced by prior knowledge.
Story classification
- During this stage jurors consider judges procedural instructions (e.g., presumption of innocence, requirement for proof)
- Then they seek the best match between the accepted story and alternative verdict decisions.
Pre-decisional distortion (Carlson & Russo, 2001)
- Jurors hold a single dominant story that best accounts for trial information.
- The dominant story leads to biased interpretations and evaluations of new evidence to support the current leading verdict or dominant story.
Source monitoring errors (Johnson et al., 1993)
- Source monitoring refers to the decision processes associated with determining the origins of information.
- Source monitoring errors involve the misattribution of certain information to a different source.
External source monitoring errors
Errors in the attribution of externally retrieved sources (e.g., attributing a statement made by one person to another).
internal source monitoring errors
Errors in the attribution of internally retrieved sources (e.g., attributing what they thought to what was actually said at the time).
Internal-external, external-internal.
Errors in the attribution of internal retrieved sources to externally retrieved sources or vice versa
-e.g., Jurors mistakenly identifying information that has not been formally admitted into evidence as being derived from the trial.
Three stages of deliberation
-
Orientation.
- Jurors discuss procedures and raise general trial issues
-
Open conflict.
- Jurors attempt to persuade their fellow jurors to reach a verdict
-
Reconciliation.
- Juries attempt to ensure that each juror is satisfied with the verdict
Three stages of deliberation - orientation
- Jurors discuss procedures and raise general trial issues
Three stages of deliberation - open conflict
- Jurors attempt to persuade their fellow jurors to reach a verdict
Three stages of deliberation reconciliation
- Juries attempt to ensure that each juror is satisfied with the verdict
Verdict driven.
- Comprise about 30% of juries who take a vote = straw poll.
- Orient deliberation around initial vote, sorting evidence into categories in support of their respective positions.
- Generally advocate one verdict at a time and take frequent votes to monitor opinion.