Reaching A Verdict - Persuading A Jury Cutler

Question 1

Procedure Cutler

Answer 1

Expert psychological testimony affects jurors decision making?
Lab experiment with video mock trail.
Questionnaire

Question 2

DV Cutler

Answer 2

• Verdict
• Memory test
• Rating scales

Question 3

IV Cutler

Answer 3

• Witnessing Identifying Conditions eg. delay in identification, suggestive instructions or vice versa
• Witness confidence of identification of robber
• Form of testimony - qualitative or quantitative
• Expert opinion of likelihood to be correct on scale of 1-25

Question 4

Results of Juror verdicts

Answer 4

When identifying conditions good, more guilty verdicts were given (1). This increased if form of testimony was descriptive (3). All other variables insignificant.

Question 5

Results of Juror memory

Answer 5

85% correctly recalled testimony therefore memory cannot be blamed for lack of effect on jurors judgements.
Memory of what expert said (4 stages of memory) greater than 50%, 81% recalled at least one stage.
Recalled what expert had said about weapons effect, disguise in displays and delays in identification.

Question 6

Results juror confidence

Answer 6

Good Witness identifying conditions (no disguise, hidden gun, short delay in identification, no suggestive information) that there was more confidence in identification.
Effect was stronger if they had heard the expert witness and if the witness confidence was 100% confident of identifying the correct robber, rather then 80%.

Question 7

Conclusions Cutler

Answer 7

1: Expert testimony improved jurors knowledge and made them may more attention to WIC.
2: Expert testimony decreased reliance on witness confidence alone (80% or 100%)
3: No evidence that expert testimony made witness sceptical about witness credibility or accuracy of identification.
4: With expert testimony, juror sensitivity to problems with evidence improved and may prevent miscarriages of justice.

Question 8

Persuasion

Answer 8

What happens when expert psychologist gives evidence about research into psychological variables affecting eyewitness account?

• Weapons effect
• Delays effect

Jury should treat testimony with some care as witnesses likely to inaccurate or reconstructed version of events.