Neal, Tess

The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources for information about jurors, the privacy rights of potential jurors’ online content has yet to be defined by case law. Two studies explored the issue of possible intrusion into juror privacy. First, an active jury venire was searched for online content. Information was found for 36% of the jurors; however, 94% of the information was found through simple Google searches. Only 6% of the information we found was unique to other sites. We concluded that searching for potential jurors online is feasible, but that systematically searching sites other than Google is generally not an effective search strategy. In our second study we surveyed attorneys, trial consultants, law students, and undergraduate students about ethical and privacy issues in the use of public domain information for jury selection. Participants evidenced concern about the rights of jurors, the rights of the defendant and accuser, and the role of tradition in court processes.

There is substantial controversy over the extent to which social science should be used in jury selection. Underlying the debate are two competing interests in the make-up of a jury: a privilege to strike prospective jurors on subjective grounds, which supports scientific jury selection, and a collective interest of citizens to be free from exclusion from jury service, which does not. While the incommensurability of the interests precludes resolution of the controversy in the abstract, specific solutions are possible. Using the example of selection of jurors based upon their respective levels of extraversion, we describe how the competing interests frequently do not apply to concrete cases. In the subsequent analysis, we show that, rhetoric notwithstanding, a normative preference for adhering to tradition and institutional inertia are the primary instrumental considerations for determining whether peremptory challenges based upon personality traits like extraversion ought to be allowed. Consistent with this analysis, we conclude that the practice of striking jurors based upon estimates of such personality traits is appropriate.

A qualitative study with 20 board-certified forensic psychologists was followed up by a mail survey of 351 forensic psychologists in this mixed-methods investigation of examiner bias awareness and strategies used to debias forensic judgments. Rich qualitative data emerged about awareness of bias, specific biasing situations that recur in forensic evaluations, and potential debiasing strategies. The continuum of bias awareness in forensic evaluators mapped cogently onto the “stages of change” model. Evaluators perceived themselves as less vulnerable to bias than their colleagues, consistent with the phenomenon called the “bias blind spot.” Recurring situations that posed challenges for forensic clinicians included disliking or feeling sympathy for the defendant, disgust or anger toward the offense, limited cultural competency, preexisting values, colleagues’ influences, and protecting referral streams. Twenty-five debiasing strategies emerged in the qualitative study, all but one of which rated as highly useful in the quantitative survey. Some of those strategies are consistent with empirical evidence about their effectiveness, but others have been shown to be ineffective. We identified which strategies do not help, focused on promising strategies with empirical support, discussed additional promising strategies not mentioned by participants, and described new strategies generated by these participants that have not yet been subjected to empirical examination. Finally, debiasing strategies were considered with respect to future directions for research and forensic practice.

In an anonymous 4-person economic game, participants contributed more money to a common project (i.e., cooperated) when required to decide quickly than when forced to delay their decision (Rand, Greene & Nowak, 2012), a pattern consistent with the social heuristics hypothesis proposed by Rand and colleagues. The results of studies using time pressure have been mixed, with some replication attempts observing similar patterns (e.g., Rand et al., 2014) and others observing null effects (e.g., Tinghög et al., 2013; Verkoeijen & Bouwmeester, 2014). This Registered Replication Report (RRR) assessed the size and variability of the effect of time pressure on cooperative decisions by combining 21 separate, preregistered replications of the critical conditions from Study 7 of the original article (Rand et al., 2012). The primary planned analysis used data from all participants who were randomly assigned to conditions and who met the protocol inclusion criteria (an intent-to-treat approach that included the 65.9% of participants in the time- pressure condition and 7.5% in the forced-delay condition who did not adhere to the time constraints), and we observed a difference in contributions of −0.37 percentage points compared with an 8.6 percentage point difference calculated from the original data. Analyzing the data as the original article did, including data only for participants who complied with the time constraints, the RRR observed a 10.37 percentage point difference in contributions compared with a 15.31 percentage point difference in the original study. In combination, the results of the intent-to-treat analysis and the compliant-only analysis are consistent with the presence of selection biases and the absence of a causal effect of time pressure on cooperation.

This study sought to investigate the relation between expert witness likeability and juror judgments of credibility and sentencing. Two actors playing expert witnesses were trained to present themselves as high and low in likeability in a standard testimony scenario involving capital trial sentencing. The effects of extraversion and gender in mock jurors in attending to expert testimony were also examined. The dependent variables were the perceptions of the witnesses’ credibility and agreement with testimony and the participants were 210 psychology undergraduates. Likeability of expert witnesses was found to be significantly related to judgments of trustworthiness of the experts, but not related to confidence or knowledge of the experts or to the mock juror sentencing decisions. Women participants rated high likeable experts as more credible than low likeable experts; men did not. For men jurors, agreement with testimony increased as extraversion increased. However, for women jurors, agreement with testimony decreased as extraversion increased. The results suggest that likeability can be an important element of source credibility, and that attorneys and trial consultants now have an empirical foundation for addressing likeability as part of witness preparation.