FPSY3900: Jury Decision-Making Influences

Lecture 4

Strength of Evidence

Differing levels of influence on final verdicts

• more influential than weak ones

• if there is strong ones the attorney will suggest a plea deal

Type of Evidence

• evidentiary

• extra evidentiary

Examples of Evidentiary Types

Examples of Extra Evidentiary Types

Schweitzer & Nunez (2018)

Method

• 296 participants

• Online survey

Findings

• 10 most influential pieces of evidence identified

Sources of Bias

• Pre-trial bias

• Cognitive bias

• Bias from external legal actors

Example of Cognitive Bias

pre-decisional distortion

Types of Implicit Biases

• Race bias

• Anti-LGBTQ+ bias

  • gender

• Age bias

• Culture bias

• SES bias

• Beauty bias

• Confirmation bias

Anti-LGTBQ+ Bias: Impact on Decision-Making

• Hate crimes

• Intimate Partner Violence

• Sexual Offences

Challenges Surrounding Voir Dire

• Relevancy of LGBTQ+ topics

• Validity of considering orientation/identity

• Best practices regarding anti-LGBTQ+ biases

Relevancy of LGBTQ+ topics

• Questions regarding views on LGBTQ+ issues are relevant in some situations

• Issues are central to the case

  • not central but relevant to the case

  • those who are in the community may have biases for or against them?

• Major party identifies at LGBTQ+

Validity of considering orientation/identity

Identification with individuals in the case

• when do we want those in this group

• being able to be impartial

Best practices regarding anti-LGBTQ+ biases

• Identify different types of biased jurors

  • during the voire dire process

• Consider different questioning methods

• what are the best practices in approaching in identifying these biases

• Steps

1. identify bias jurors

Types of Bias Jurors (Anti-LGBTQ+ Bias)

• explicit homophobes

• closet homophobes

• implicit homophobes

Types of Implicit Bias Interventions

• Jury Orientation

• Jury Selection

• Jury Instruction

• Expert Testimony

Example of Jury Instruction

PowerPoint or videos on the topic

Obstacles to Interventions

• resources

• hesitation

• lack of understanding

Examples of Resources

• money

• technology

• staffing

• time

system may not give this

blank type of evidence has the largest impact

physical

Example of Intimate Partner Violence (Bias)

Lesbian relationships are given less credibility

Example of Sexual Offences (Bias)

Those who are gay were found to be not as capable for taking care of a child (???)

What type of questions are used for Explicit Homophobes?

hard and soft

What type of questions are used for Closet Homophobes?

proxy

How can we make jurors implicit?

• educational videos about implicit biases in order for them to be aware

• encourage them to take an IAT test (not for striking jurors) to identify their own biases

blank questions are less controversial

soft

What is an example of a soft question?

Would you feel comfortable if a gay couple moved next to you?

Those who supported the LGBTQ+ are more likely to blame the blank

perpetrator