Juror Decisions Flashcards
Systematic Processing
Slow, careful processing of information. Should use this when on a jury.
Heuristic Processing
Fast, automatic processing of information. Often used due to complexity of court processes, ambiguity of evidence and lack of motivation to use systematic processing.
Evidence Based Factors Influencing Juror Decisions
Eyewitness - confidence will sway jury regardless of accuracy.
Confession - powerful heuristic that sways jury even if forced or false
Scientific - weak effect but jury doesn’t take probability into account enough
Expert - very convincing. Validity of evidence is irrelevant unless juror is high need-for-cognition.
Non-evidence Based Factors Influencing Juror Decisions
Race - more lenient if defendant is own race, unless crime was very bad, them harsher to distance self
Attractiveness - more attractive defendants get a more lenient outcome than unattractive defendants
SES - Mixed results, but lower SES tend to get harsher outcome (depending on crime).
Requirements of the Jury
Consider evidence and reach an verdict in light of the law
Judicial Instructions
Cover relevant points of law and guide jury decision making. Most jurors say they understand instructions, but very few actually do.
Assessing Comprehension of Judicial Instructions
Ask jurors (most will say yes) Recall or recognition tests (can inflate confidence of understanding) Paraphrase instructions Apply instructions to another case.
Improving Instruction Comprehension
Simplifying instructions - can only simplify so much, doesn’t work.
Note taking - jurors like to but doesn’t help
Pre-Instruction - Mixed results, but helps build a framework to make sense of evidence
Written Instructions - jurors prefer but little evidence
Flow Charts - Mixed results depending on case complexity
Computer Animation - little evidence but so far promising.
Stages of Deliberation
(1) Orientation - select foreman, outline procedure (evidence based or verdict based)
(2) Conflict - try to persuade others to change opinion, group polarisation, normative or informational change. Majority most likely to win unless minority is confident and consistent.
(3) Reconciliation - ensure all jurors are happy with decision and present it to judge.