Persauding a Jury Flashcards

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1
Q

What is witness order?

A

Where the best evidence is presented first and the weakest evidence presented last

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2
Q

What study links with effect of order testimony?

& what is the aim?

A

Pennington & Hastie
- investigate whether the order in which evidence is presented affects the final verdict given and the jurors confidence in their decision

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3
Q

Method… (P&H)

A
  • Laboratory experiment using independent measures
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4
Q

IV & DV (P&H)

A

IV - order in which evidence was presented

DV - whether they voted guilty or not & their confidence rating

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5
Q

Sample…. (P&H)

A
  • 130 students
  • from North Western & Chicago uni
  • paid to take part
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6
Q

Procedure… (P&H)

A
  • listened to tape recordings of a court case between commonwealth of Massachusetts v Caldwell
  • then reach verdict guilty or not
  • rate confidence on 5 point scale
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7
Q

Results… (P&H)

A
  • 78% found guilty for prosecution story & defence witness
  • 31% found guilty for prosecution witness & defence story
    ALSO
  • the greatest confidence in their verdict was expressed by those who heard the defence or prosecution in story order
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8
Q

What is story order?

A

When evidence is presented in chronological order which demonstrate the story of an event - more persuasive & believable

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9
Q

Conclusion (P&H)

A

Defence story order does not seem to be as persuasive as when up is used it the prosecution case

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10
Q

What is vivid testimony?

A

Vivid means it produces string, clear, powerful images in your mind - makes info more engaging & relevant.

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11
Q

What study links to persuasion techniques (vivid testimony) ?
&
What is the aim?

A

Bell and Loftus

- investigate whether the vividness of evidence affects its persuasiveness

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12
Q

Research method & design (B&L)

- 2 conditions…

A

Experiment using independent measures

- 2 conditions: vivid or pallid (less detailed)

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13
Q

Procedure… (B&L)

A
  • presented with a civil court case involving auto mobile pedestrian accident in which the plantiff’s sole whiteness testified that the pedestrian was on the zebra crossing.
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14
Q

Vivid version …

Pallid version… (B&L)

A
  • vivid - plantiff was wearing blue nike shoes, pink socks, Columbia uni t-shirt
  • pallid - simply stated the plantiff had been on the crossing
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15
Q

Results… (B&L)

A
  • vivid testimony was more persuasive than the pallid.

- this didn’t only affect the verdict of the case but also the level of damages rewarded

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16
Q

Conclusion… (B&L)

A

Vividness does affect the jury’s decision, if testimony is vivid it is more likely to be persuasive

17
Q

What is inadmissible evidence?

What can make evidence inadmissible?

A

Inadmissible evidence is when the judge tells the jury to disregard evidence

  • pre-trial publicity
  • prior convictions
  • hearsay evidence
  • illegally obtained evidence
18
Q

What is the backfire affect?

A

Where jurors place greater emphasis on evidence that has been ruled inadmissible - jurors are told to ignore the evidence but five more guilty verdicts

19
Q

What study links with inadmissible evidence?

& aim

A

Pickel
- to look at the effect of prior convictions on the verdicts given and to look at the role of the judges instructions when they are followed by legal explanation

20
Q

Sample… (Pickel)

A
  • 236 psychology students from ball uni

- part of course

21
Q

Research method and design (Pickel)

4 conditions…

A
  • experiment using independent measures
  • 4 conditions
    ~ control
    ~ inadmissible evidence with no explanation
    ~ inadmissible evidence with explanation
  • admissible
22
Q

Procedure… (Pickel)

A
  • listened to mock trial or a fictional theft and critical evidence.
  • evidence was then objected to either allowed or overruled as inadmissible
  • then completed question on
    ~ the verdict
    ~ estimate probability of guilt
    ~ 10 point scale of texting to which knowledge of prior conviction convinced them to go with guilty verdict
    ~ rated credibility of each witness
23
Q

Results… (Pickel)

A
  • 43% found guilty with inadmissible evidence and no explanation given
  • 55% found guilty with inadmissible evidence and explanation given
24
Q

Conclusion… (Pickel)

A

Inadmissible evidence makes it more important to the jury and they pay more attention to it