jury decision-making

Question 1

name the different types of legal systems in the UK.

Answer 1

• magistrates court
• county court
• crown court
• bench trial

Question 2

give an example of a global variation in the legal system.

Answer 2

• adversial systems (UK/US) and inquisitorial systems (France).

Question 3

state problems of juries.

Answer 3

• untrained
• susceptible to media influence, emotionality of case, prejudice
• difficulty evaluating evidence
• lack of group dynamic

Question 4

state strengths of juries.

Answer 4

• check on state power

- cultural diverse

Question 5

name consequences of juries having poor comprehension of instructions.

Answer 5

• over-reliance on more confident jurors
• reliance on extra-legal evidence opposed to trial evidence and testimony.
• problems with concept of reasonable doubt, limiting instructions.

Question 6

true of false: juries have poor agreement with judges on verdicts.

Answer 6

false - they have good agreement (78%).

Question 7

name reasons for disagreements between juries and judges on verdicts.

Answer 7

juries acquit, judges convict…

• different interpretations of “reasonable doubt”.
• different evaluation of evidence.
• juror sentiments about defendant.
• disagreement with law.

Question 8

describe the effect of pre-trial publicity on juries.

Answer 8

• after exposure to negative PTP, mock jurors were more likely to convict than if exposed to positive PTP or no PTP.

Question 9

name ways to reduce effect of PTP.

Answer 9

• longer delays between PTP and judgement.
• change of venue
• “story model”
• choose jurors unaware of PTP.

Question 10

give evidence that experimental manipulated PTP has good external validity.

Answer 10

• similar verdicts between jurors exposed to “natural PTP” and jurors exposed to manipulated PTP.

Question 11

define the difference between logically correct inference and logically incorrect inference.

Answer 11

when logically correct inference a match is likely if suspect produced the stain, whereas when logically incorrect inference a match shows its likely that the suspect produced the stain.

Question 12

define the diagnositicity-likelihood ratio.

Answer 12

likelihood of finding evidence under the hypothesis that is came from a particular source divided by the likelihood of finding it under the hypothesis that it came from an alternative source.

Question 13

state the three methods used to communicate likelihood ratios.
which one is the worst?? which one is the best??

Answer 13

• numerical (best)
• verbal (worst)
• visual scale

Question 14

describe the CSI effect.

Answer 14

jurors are more influenced by physical evidence, even if weak and EWT was strong.
DNA evidence outweighs fingerprint and EWT evidence.

Question 15

name and define the two ways of communicating DNA evidence.

Answer 15

exclusion percentage - 99.9% of population could not be expected to have this DNA profile matching that of the hair sample.
frequency ratio - 1 in 1600 in the general population would be expected to share the DNA profile found in the hair sample.

Question 16

what percentage of victim and defendant characteristics explained variance in jurors judgements? compare this to evidence variables.

Answer 16

8%, evidence variables accounted for 34%.

Question 17

true or false: males are more likely to convict for adult sex crimes and child abuse cases.

Answer 17

false - women are more likely to do so.

Question 18

explain the pre-deliberation phase of the”story model” process.

Answer 18

jurors independently evaluate conflicting information and construct a story that provides a plausible explanation of evidence.

Question 19

explain the deliberation phase of the “story model” process.

Answer 19

jurors reconcile their differences. group decision making.

Question 20

when prosecution presented evidence in a story format and defence did not, jurors convicted defendant …% of the time, when opposite jurors convicted only ..% of the time.

Answer 20

78%

31%

Question 21

which decision-response process was consistent with a story model?

Answer 21

• a global assessment, when jurors were required to make an item-by-item judgement behaviour was consistent with the “on-line belief updating” model.

Question 22

identify and describe the two cognitive heuristics.

Answer 22

available heuristic - decision-making is unduly affected by ease with which information comes to mind.
representativeness heuristic - people use stereotypical examples to aid decision-making.

Question 23

according to the the CEST, define and describe the two information-processing modes.

Answer 23

experimental - “gut level”, emotionally-based system, rapid and effortlessly, relies on heuristics.
rational - analytical, intentional, effortful system, using logic and evidence.

Question 24

state what the processing mode effects.

Answer 24

• influence of diagnostic labels
• use of actual vs clinical testimony
• effects of emotional evidence and defendant attractiveness

Question 25

give an example of how experimental processors are more influenced by extra-legal biases than rational processors.

Answer 25

E-processors and more likely then R-processors to convict unattractive defendants and give them harsher sentences, and are more lenient to attractive defendants.

Question 26

when unanimity is required, how are jurors driven?

Answer 26

evidence-driven rather than verdict-driven.

Question 27

how does group discussion accentuate biases held by the majority?

Answer 27

• group discussion causes group polarisation.