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what are the 3 forms of social influence?
presuasion
compliance
dissuasion
what is persuasion in terms of social influence?
lawyers try to persuade jurors to agree with their version of events
can be seen as an attempt to chnage someones attitudes
what is compliance in terms of social influence?
lawyers may bypass persuasion and directly attemot to make jurors comply to their assumptions and adhere with their wishes
what is dissuasion in terms of social influence?
lawyers may try to dissuade jury members from being persuaded by the opposing lawyer
forewarning
inoculation
stealing thunder
credibility challenges
reactance
what is the definition of attitude?
a psychological orientation towards a perticular stimuli
In the elaboration likelihood model (ELM) people can be pursuaded by one of two routes, what are the routes and describe them
central route - high degree of thought and scutiny
peripheral route - less cognitively effortful
In ELM, the route of processing depends on what two things? describe them
motivation - lack of motivation leads the juror to travel down the peripheral route out of choice
ability - lack of ability leads the juror to travel down the peripheral route out of necessity
what are implications for lawyers
encourage centreal processing when evidence is good (motivation and ability increase)
encourage peripheral processing when evidence is flawed (decrease motivation and ability)
always ensure that peripheral cues are in your favour , just in case ability factors prevent central processing
what is cross-examination?
witness is questioned by opposing lawyer
from a justic perspective - it aims to uncover inaccuracies in a witnesses evidence and draw out the truth
in practice - used with the aim to discredit the witness, regardless of accuracy
what types of things do cross-examinations used? who are they liekly to be problematic for?
leading questions
complex or confusing questions
confrontational questions
long delays
children
zajac conducted a study that looked at how children respond to cross examination, what did they find children showed?
high rates of compliance with elading questions
low rates of clarification seeking
misunderstandings
___% of children made at least one change to their earlier testimony?
75
what were the findings from zajac study of cross examination on children?
33% chnaged all of their earlier responses
85% of children made at least one chnage to their earlier testimony during the cross examination interview
these reponse chnages were made irrespective of accuracy
cross examination decreased childrens accuracy, even for children who started out 100% accurate
what are the more recent findings of cross examination in children?
cross examination style questionign decreases childrens accuracy even when it takes place very soon after the event
children do not belive they chnages they make during cross examination style questioning
cross examination style questioning also decreases the accuracy of childrens reports about forensically relevant events
children who are more liekly to be targets for abuse may also be more liekly to fare poorly during cross examination
brief verbal warnings appear to have no effect on accuracy during cross eaxmination
comprehensive preperation shows promsie as a means of reducing the negative effect of cross examination on accuracy
what 4 ways do we study jurors?
mock jurors
case studies/archives
post trial interviwes
field experiments with real jurors
describe pretrial publicity problems
it represents a conflict between the right to a fair trial and freedom of the press
research looking at pretrial media report in criminal cases indicates a slant in favour of the prosecution
can be expected to disadvantge the accused
describe a pre-trial publicity case?
oj
a lot of media coverage
so an opinion before jury
describe the meta-anlaysis on pretrial publicity
44 PTP studies involving 5755 participants
participants exposed to negative PTP were more likely to judge the defendant guilty than participants exposed to less or no negative PTP
what are the factors that increase PTP effects?
murder, sexual abuse or drug crimes
multiple negative points in PTP
increased length between PTP and trial
emotional PTP
PTP from TV
all lead to increase in guilty verdicts
why might instructions to disregard backfire?
theory of ironic processes - when we make an effort not to think about soemthing, it often dominates our thoughts
reactance theory - people are motivated to maintain their freedom
jurors may prefer to rely on broad, commonsense notions of justice
what things have been kept from jurors?
relevant criminal records
other sexual assault charges
whata re the models of decision making?
mathematical models
cognitive/ explanation- based models
what is the mathematical model
where you hear more evidence and it moves you either way
what is the cognitive/explanation based model? what model does it contain?
story model
juror constructs a story based on
evidence
personal knowledge or expectations of similar events
expectations or knowledge of what constitutes a complete story
story is evaluated on:
coverage
uniqueness
coherence (completeness, consistency, plausability)
what is predecisional distortion?
when jurors may simultaneously weigh up several stories
or when jurors form one story early on, as they trial progresses they fail to accept or reject new evidence
Describe efran study on attractiveness (part 1)
108 students answered the following questions on a 6 point liker scale
should jurors be influenced by the defendants character and previous history - 77% said yes
should jurors be influenced by defendants attractiveness - 7% said yes
describe part 2 of the study
66 students took part in a simulated jury experiments - case study where student was caught cheating on exam
attractive photo
unattractive photo
no photo
students rated attractiveness, likelihood of guilt and punishment severity
found:
lower punishment and guilt in atttractive defendants
no photo ratings were between the two
what is the exception to these findings?
occurs when attractiveness helped a person commit the crime
describe the two theories of juror attrctiveness
shared attributes between the juror and the defendant may increase the affinity between the individuals, resulting in increased leniency
what is beautiful is good
describe the study by darby and jeffers on attractive and unattractive jurors
participants read and evaluated 3 judical cases
defendant attractiveness was manipulated (high,medium,low)
asked to make judgements of guilt, punishment severity and attractiveness of defendant
asked to complete a self-assessment questionaire
found:
for both jurors groups, guilty convictions increased as defendant attractiveness decreased
overall, attractive jurors were more likely to convict
for attractive jurors, punishment severity increased as defendant attractiveness decreased
for unattractive jurors, high attractive and low attractive defendants were given lower sentences than medium attractive defendants
describe the stuyd conducted by ziesel and diamond on juror selection
are jurors dismissed during juror selection any more or less likely to convict
examined juror votes in 12 criminal trials
persuaded dismissed jurros to stay in court and observe case
found:
overall lawyers are not much better than chance at selecting jurors who willr eturn the right verdict
defence lawyers tend to be better than prosecution lawyers
there is individual variation in lawyers success rates
what is deliberation?
selection of a foreperson
likely to be male, middle aged, high status in community, professional, experienced with regard to jury service
participates in deliberation process more than other - 25-35% of speaking time
what size are jurys?
usually 12 people
describe aschs conformity research
mean conformity rate was 35%
30% confomred on more than half the trials
group size made little difference
presence of one other dissenter reduced conformity, even if that dissenter was also incorrect
participants attributed their responses to their own misjudgement or the desire to fit in
what are the 2 types of deliberation style, explain them
verdict driven - where the ultimate goal of the jury is to reach a verdict as quickly as possible
take a vote soon after foreperson is elected
focus discussion on key facts that are essential to reaching final outcome
evidence driven - where the jury concentrates on forming a logical story from the evidence
delay a vote until considerable discussion has taken place
deliberate longer and considers evidence more carefully
report greater satisfaction
what deliberation style do juries prefer?
verdict driven, while the legal system would rather juries were evidence driven
what is the group polarisation hypothesis?
the average post group response will tend to be more extreme in the same direction as the average pre-group response
what is leniancy bias?
where the jury doesnt convict when the judge would have
describe what happens at these numbers of favour of conviction
7 or fewer jurors
10 or more jurors
8 or 9
jury will acquit
convict
final verdict is a toss up
what is a majority verdict?
11 to 1 - this is possible but judges wont tell juries they are able to do that