Trial Tactics

Question 1

Persuasion, compliance and what else are types of social influence used in the courtroom?

Answer 1

Dissuasion

(the lawyer “dissuades” jury members from being persuaded by the other side)

Question 2

Lawyers trying to persuade the jury to agree with their version of events is called:

Answer 2

Persuasion

Question 3

A direct attempt (i.e. bypassing persuasion and using force) by lawyers to get the jury to adhere to their story is called:

Answer 3

Compliance

Question 4

Attitudes are difficult to change. True or false?

Answer 4

False

(Attitudes are very vulnerable to change. According to the ELM this can occur through one of or both routes of persuasion: central or peripheral.)

Question 5

According to the Elaboration Likelihood Model (ELM) the two routes to cognitive persuasion are central and:

Answer 5

Peripheral

Question 6

What type of information processing requires a high degree of thought and scrutiny?

Answer 6

Central

Question 7

What type of information processing relies on external factors (e.g. clothing, race, attractiveness) and is less effortful?

Answer 7

Peripheral

Question 8

The route of processing (central or peripheral) depends on ability and what other factor?

Answer 8

Motivation

(A lack of motivation leads the juror down the peripheral route out of choice; a lack of ability leads the juror down the peripheral route out of necessity)

Question 9

If evidence is GOOD, lawyers should encourage what type of information processing?

Answer 9

Central

Question 10

If evidence is WEAK or FLAWED, lawyers should encourage what type of information processing?

Answer 10

Peripheral

Question 11

It is always a good idea for lawyers to dress professionally and be likeable. True or false?

Answer 11

True

(Evidence will not always be favoured one way. Having good peripheral cues available is important in case central processing is prohibited.)

Question 12

Forewarning, inoculation and reactance are examples of which trial tactic?

Answer 12

Dissuasion

Question 13

If I am a defence lawyer trying to dissuade the jury from the prosecution, I might tell them what the other lawyer is about to say. This is an example of:

Answer 13

Forewarning

Question 14

If I am a defense lawyer, I might give the jury a weak version of the prosecution’s argument before providing a counter-argument of my own. This is an example of:

Answer 14

Inoculation

(By using inoculation, I aim to weaken the impact of the prosecution by helping the jury build resistance to their arguments.)

Question 15

I am a lawyer. I might reveal some compelling evidence against my own client as part of my argument. This is an example of:

Answer 15

Stealing thunder

(Exposing damaging information about your client before the other side gets to do it makes it sound less surprising when they use it in their argument.)

Question 16

I am a lawyer and I tell the jury: “ladies and gentlemen, they will use the defendant’s traumatic past as a way to evoke your sympathy and gain your trust.” This is an example of:

Answer 16

Reactance

(Essentially, reactance is using reverse psychology. It requires exposing the jury to any threats to their autonomy - for example, telling them that they are being used for their sympathy. We are motivated to maintain our freedom of choice, and therefore will scrutinise the opposing side.)

Question 17

The purpose of this tactic is to uncover inaccuracies in the witness’ statement:

Answer 17

Cross-examination

(The issue with cross-examination is that it uses a lot of leading and suggestive questions, which makes the witness statement look unreliable.)

Question 18

Zajac et al. (2003) found that leading questions lead to:
- persuasion
-dissuasion
- compliance

Answer 18

Compliance

Question 19

In Zajac et al.’s (2003) study on cross-examination, approximately what % of children made at least ONE change to their initial testimony?

• 60%
• 75%
• 91%

Answer 19

75%

Question 20

Cross-examining the witness increases accuracy, but decreases reliability. True or false?

Answer 20

False.

(Accuracy decreases after cross-examination. There is nothing mentioned in the lecture about how reliability is affected.)

Question 21

Children very quickly believe the changes they make to their original testimonies. True or false?

Answer 21

False.