Juror Decision-Making
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| When studying juror's decisions we can look at cases before the 'CSI' effect and cases after the 'CSI effect'. What type of study is this? | Case study/archives
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| When studying juror's decisions we can do post-trial interviews. What does this entail? | Getting jurors when they come out of the courtroom and ask them what things made them saythe person was guilty or not guilty
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| When studying juror's decisions we can look at cases with DNA versus cases without DNA? | Case study/archives
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| What is the name of the type of study where you use real jurors? | Field study/experiment
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| What does this refer to? "The conflict between the right to a fair trial and freedom of the press" | The pre-trial publicity problem
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| Research looking at pre-trial media reports in criminal cases indicates a slant in favour of who? | The prosecution
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| Because we get a slant in favour of the prosecution with pre-trial media reports what does this mean about the media reports? | Means that media reports make out that the person is guilty
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| So, who do pre-trial reports disadvantage? | The accused person
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| What does this refer to? "The press should be able to say whatever versus person should have a fair trial" | The pre-trial publicity problem
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| In meta-analysis, participants exposed to negative PTP (pre-trial publicity) were more likely to judge the defendant guilty or not guilty than those exposed to little or no PTP even though they are all being presented with same trial evidence | guilty
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| Read through and write out the things that increase PTP effects | ...
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| Does one negative point or multiple points in pre-trial media influence jurors more? | Multiple
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| Does an increased length or a decreased length in between PTP and trial? | Longer length of time because the longer you know it the more it will effect you
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| Is this emotional PTP or factual PTP? "This person has been imprisoned before" | Factual
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| Is this emotional or factual PTP? "This is a horrible thing that they have done to this person, her poor family" | Emotional
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| What leads to a guilty verdict more? Emotion or factual PTP? | Emotional
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| In ovarian cancer study, what were the three group conditions? | Control (unbiased) PTP, Anti-defendAnt (accused) PTP and Anti-Plaintiff (complainant) PTP
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| In the ovarian cancer study, sympathy rate were lower for which type of pre-trial media? Which means that | Ant-defendant PTP which means that more sympathy was for defendants
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| In the ovarian cancer study, negative PTP about the defendant increased or decreased the number of guilty VERDICT? | increased
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| How did negative PTP about the plaintiff (complainant) effect the number of guilty verdicts? | decreased number of guilty verdicts
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| In civil trials, PTP is a "_____-____ street". The verdict could go either way | two-way street
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| Research shows that instructions to disregard PTP are ineffective in reducing the harm caused by inadmissible evidence and improper arguments. In fact instructions to disregard often ________, makes matters worse | backfire
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| There are three reasons (including two theories) for why instruction ("dont take any notice of such and such") backfire. What are they | Theory of Ironic Processes, Reactance Theory, jurors like to take into account broad, commonsense notions of justice such as knowing their criminal histories
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| What does this refer to? (reason instructions against PTP backfire) "when we make an effort not to think about something, but it then dominates our thoughts so we end up thinking about it" | Theory of Ironic Processes
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| What does this refer to? (reason instructions against PTP backfire) "people are motivated to maintain their freedom" | Reactance Theory
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| What does this refer to? (reason instructions against PTP backfire) "When Rachel told us not to think about a pink elephant of course you think about it" | Theory of Ironic Processes
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| There are two different models of Decision-Making by jurors. What are they? | Mathematical model and Cognitive/Explanation-based model -story model
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| What model of Decision-Making is this? "You have a little metter in your brain and each time you hear piece of evidence it will add up in your brain and at some point your threshold for how much evidence you need will be reached" | Mathematical Model
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| What model of Decision-Making is this? "construct a story about what happened in their mind" | Story model (type of cognitive/explanation-based model)
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| In the story model (cognitive/explanation-based model) jurors construct a story based on what? | Evidence, personal knowledge or expectations of similar events (their knowledge base), expectations of what constitutes a COMPLETE story
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| In the story model (cognitive/explanation-based model) jurors evaluate their story based on what three things? | Coverage, Uniqueness and Coherence
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| In story model jurors evaluated their story based on three things, what one is this? "jurors weighing up if something is coherent using completeness, consistency, and plausibility" | Coherence
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| In story model jurors evaluated their story based on three things, what one is this? "Does the story stand out relative to other competing possible stories" | Uniqueness
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| In story model jurors evaluated their story based on 3 things, what one is this? "If you have a # of possible stories that happen on that day and non of them stand out them you will be indecisive but if one stands out then you are likely to go with it" | Uniqueness
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| In story model jurors evaluated their story based on three things, what one is this? "the extent to which your story accounts for the evidence, for the things you have heard" | Coverage
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| With coherence (part of the story model), jurors use three things to weigh up the coherence, what one is this? "is evidence is complete from both sides" | Completeness
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| In story model jurors evaluated their story based on three things, what one is this? "internal structures of the story - does it follow sequentially, does it make sense, or is a massive perdio of time unaccounted for" | Consistency
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| In story model jurors evaluated their story based on three things, what one is this? "Does it fit in with your notion of what goes on in the world?" | Plausibility
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| Pennington and Hastie proposed that jurors may simultaneously weigh up several stories. Others have proposed that jurors form one story early on and then either _____ or reject evidence based on how it _____ to their story. | accept, conforms
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| Researchers have proposed that jurors form one story early on. As the trial progresses, they accept or reject new evidence based on how it conforms to the story. Is this good or bad? And what is the term given to this? | Bad because they should be weighing up evidence based on whether it is good or bad rather than based on whether it fits their own story or not. Pre-decisional distortion
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| What is pre-decisional distortion? | When you are distorting the evidence based on where it fits. Deciding whether evidence is good or bad based on whether it fits with your story
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| Students were asked these two questions: Should jurors be influenced by the defendant's character and previous history? What did the majority say? and were asked "should jurors be influenced by the defendants attractiveness? What did the majority say? | Most (77%) said yes that jurors should be influenced by defendants character and previous history and most said no that jurors should not be influenced by defendants attractiveness
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| In study where students presented with event of a student cheating in exam and then asked to rate the attractiveness of him. What were the results? | Attractive cheater/defendant was considered less guilty and given less severe punishment than unattractive cheaters. When no photo was given of cheater, ratings were mid-way in between the two (kind of like a control)
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| In the rating of attractive vs. non-attractive defendants guiltiness and punishment, what was the problem/issue with gender? | Males were always shown a female defendant and girls were always shown a male defendant to rate AND the effect was driven by girls as girls were MORE VULNERABLE to this effect when they rated
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| In the rating of attractive vs. non-attractive defendants guiltiness and punishment, what is the exception to these findings? | When attractiveness helped a person to commit a crime!
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| 'SHARED attributes between the juror and the defendant may increase the _____ between the individuals, resulting in an increased or decreased ? leniency. Make defendant 'seem like one of us' - maybe he comes from same neighbourhood. | affinity, increased
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| What happens when shared attributes theory and beautiful is good theory compete with each other? What were the manipulations done in a study testing this? | Defendants and juror attractiveness was manipulated high, medium or low and subjects were asked to make judgements of guilty, punishment severity and attractiveness of defendant.
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| What happens when shared attributes theory and beautiful is good theory compete? In study testing this, defendant & juror attractiveness was manipulated, & subjects asked to rate guiltiness, severity of punishment and attractiveness. What were results? | For both juror groups. guilty convictions increas. as defendant attractiveness decr. Overall, attract. jurors tended to convict more & jurors suggested more sever punishment. Unattractive jurors rated lower sentence for low&high attract. than med attract.
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| For both juror groups. guilty convictions increas. as defendant attractiveness decr. Overall, attract. jurors tended to convict more & jurors suggested more sever punishment. Unattractive jurors rated lower sentence for low&high attract. than med attract. | So... possibly that these two theories are lumping toegether
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| Women are more likely to convict in what type of cases? | Rape cases, baby cases
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| Study looked at whether jurors who are dismissed during juror selection any more or less likely to convict. How did they test this? | They persuaded those dismissed jurors to stay in court and listen to case and make decision themselves and then look at whether the lawyers should have rejected the or not.
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| Study looked at whether jurors who are dismissed during juror selection any more or less likely to convict. What were the results? (how good were lawyers at choosing jurors who would have made decision in their favour) | Overal lawyers aren' much better than chance at selecting jurors. Defence lawyers tend to be bit better than prosecution lawyers (prosecution lawyers made 50/50 chance decisions). However theres a huge degree of individ. variation in lawyers success rates
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| What characteristics of a person make them likely to be voted/selected as a foreperson? | Sit at head of table, if speak the most, male, middle-ages, high status n community, professional, manager position, experienced jury service before.
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| The foreperson participates in deliberation process far more than the other jurors (accounting for 25% to __% of speaking time | 35%
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| during the deliberation process among jurors one study evaluated influence of others views, in other words....? | conformity effect on jurors
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| Asch's conformity research is relevant to jurors (lines). In Asch's study the presence of one other person who doesn't say what everyone else is saying, reduces or increases conformity? | Reduces
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| In Asch's study when asked participants why they did what they did, they said that they attributed responses to their own misjudgement or the desire to ____ in OR they thought they were actually judging line _______? | fit, wrong
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| Study looked at effects of deliberation style and compared two styles in particular, which were? | Verdict-Driven versus Evidence-Driven
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| Verdict-Driven deliberation style is where...? | the ultimate goal of the jury is to reach a verdict as quickly as possible
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| Evidence-Driven deliberation style is where.... | the jury concentrates on forming a logical story from the evidence - so looks at all the evidence and in the end work out if person is guilty or innocent
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| What type of Deliberation style do jurors prefer and which does the legal system prefer? | Juries prefer Verdict-based approach while legal system prefers Evidence-driven approach
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "Often delay a vote until considerable discussion has taken place" | Evidence-Driven Juries
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "Quickly focus discussion on key facts that are essential to reaching a final outcome" | Verdict-Driven Juries
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "Deliberate longer and consider evidence more carefully" | Evidence-Driven Juries
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "Report greater satisfaction with the experience" | Evidence-Driven Juries
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "Will often take a vote soon after electing the foreperson" | Verdict-Driven Juries
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| Does this refer to Verdict-Driven deliberation style or Evidence-Driven deliberation style? "someone might say "I think it's the DNA that makes them guilty or innocent" and then focus on only that" | Verdict-Driven Juries
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| The effect of deliberation style on final verdict is not yet known | ...
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| What does this refer to? "the average postgroup response will tend to be more extreme in the same direction as the average pregroup response" | Group Polarisation Hypothesis
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| What does this refer to? "in criminal trials where the judge has disagreed with the jury's decision, the jury was almost always more lenient than the judge" | Leniency bias
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| What does this refer to? "the tendency for groups to make decisions that are more extreme than the initial inclination of its members" | Group Polarisation Hypothesis
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| One study found that if 7 or fewer jurors favour conviction at the beginning of deliberations, the jury will probably acquit (say not guilty). What theory does this show? | Group Polarisation Hypothesis
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| If 10 or more jurors favour conviction at the beginning of deliberations, the jury will probably convict. What theory does this show? | Group Polarisation Hypothesis
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| If 8 or 9 jurors favour conviction, the final verdict is basically a "_____ ___" | toss up
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| A big question is about the "Decision Rule": should the jury be allowed to return a majority verdict (e.g. 11:1)? What are the four advantages of this decision rule? | Fewer hung juries, Less time taken to reach verdict, better recall of the argument, more communication among members
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| A big question is about the "Decision Rule": should the jury be allowed to return a majority verdict (e.g. 11:1)? What are the three disadvantages of this decision rule? | Fewer votes taken, first vote tends to predict verdict, deliberation stops as soon as required majority is obtained
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| Jury Size seems to affect the OUTCOME more or less than the PROCESS? | Effects the process more than the outcome
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| Larger juries are likely to be more representative of the community and tend to deliberate longer or shorter? and recall evidence more _________ and make decisions that are more c____________ | longer, accurately, consistent
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