Jury Decision making Flashcards
Jury
12 jurors
3 Factors that affect jury decision making
Attractiveness
Race
Accent
Attractiveness
Halo Effect - Cognitive bias where we give positive attributes to those we find attractive
Abwender & Hough
investigated the attractiveness leniency hypothesis (ALH)
Created a scenario where a drunk driver killed a pedestrian, found that females gave more leniency to attractive females, males were the OPPOSITE
Race
Often negative bias from white jurors to black defendants (in mock trials) - harsher sentences
Bradbury & Williams (2013)
Black defendants less likely to be found guilty from a jury consisting of a higher percentage of black jurors, more likely to be found guilty with higher amount of whites and Hispanics
Pfiefer & Ogloff
Found that after reading trial transcripts, white jurors were more likely to rate the guild of a black defendant higher, especially if the victim was white
Accent
Dixon & Mahoney (1997)
Found those with a Brummie accent were considered more guilty. Black & Brummie seen more guilty than White & Brummy. All ppts. were white non-birmingham students
Evaluation of Characteristics Affecting Jury Decision Making
Experience of a juror isn’t easily replicated in a lab, thus difficult to establish Cause & Effect
3 Factors Affecting the Deliberation Room
Conformity - Asch
Minority Influence - Moscovicci
Competence - Foster Lee/Loftus
Majority Influence
Asch -The majority will influence the decision, many people will agree with the majority, even if they do not believe it.
e.g. If the majority suggest the person is innocent, the rest are likely to agree
Minority Influence
Moscivicci (1969) - Consistent minority was more impactful than an inconsistent minority on changing the opinion of the majority. In the court room, if a minority opinion is displaying factual unbiased information then it is more likely to sway majority opinion
e.g. suffragettes
Competence and Instruction
Jury is expected to listen to technical info. that may be far outside their knowledge base.
Foster Lee found that giving instructions to jurors before technical info. is more effective than giving it afterwards
Severance & Loftus (1982) found that key concepts explained to the jury such as ‘reasonable doubt’ improved understanding of legal concepts. Found that some even after explanation didn’t fully understand.
Pre-Trial Publicity APFC
Steblay (1999) did meta-analysis of past research and found pre-trial publicity can negatively affect jurors judgement on defendant’s guilt
A - To see effect of pre-trial publicity
P - 44 studies in mock trials, Negative info. given to experimental group, control group received no info.
F - Negative pre-trial publicity more likely to give guilty verdict (59%) vs control group (45%). Long time between publicity and decision & Murder or sexual abuse increased likelihood of guilty decision.
C - PTP increases likelihood of guilty verdict. Explanation is because of schemas created that are difficult to shift, suggest conducting trial in foreign countries where there is less publicity
Factors Affecting Jury Decision Making Soda
S - Ethical. Mock trials allow experimenters to alter variables that could not be done ethically in real life. Thus, extra-legal factors can be observed without prejudicing the outcome of real trials
O - Other untested factors could influence jury decision making, many of which vary individually. E.g. similarity of characteristics of juror and defendant could increase empathy, charismatic leaders of the jury or personal experience of the event that could lead to biases.
D - Results are often inconsistent. Abwender and Hough found females more likely to be lenient to attract female and opposite for men, but Patry (2008) found mock jurors who discussed the case more likely to find attractive defendant guilty, less likely to when not discussing. Inconsistency makes conclusions difficult
A - Jurors should be reminded to remain impartial and have reasonable doubt explained to them. In Pfeifer & Ogloff explanation of reasonable doubt removed racial bias. This knowledge of juror bias may reduce miscarriages of justice in the future