Neal, Tess

Two experiments examined how mock jurors’ beliefs about three factors known to influence eyewitness memory accuracy relate to decision-making (age of eyewitness and presence of weapon in Study 1, length of eyewitness identification decision time in Study 2). Psychology undergraduates rendered verdicts and evaluated trial participants after reading a robbery-murder trial summary that varied eyewitness age (6, 11, 42, or 74 years) and weapon presence (visible or not) in Study 1 and eyewitness decision length (2-3 or 30 seconds) in Study 2 (n=200 each). The interactions between participant belief about these variables and the manipulated variables themselves were the heart of this study. Participants’ beliefs about eyewitness age and weapon presence interacted with these manipulations, but only for some judgments – verdict for eyewitness age and eyewitness credibility for weapon focus. The exploratory meditational analyses found only one relation: juror belief about eyewitness age mediated the relation between eyewitness age and credibility ratings. These results highlight a need for juror education and specialized voir dire in cases where legitimate concerns exist regarding the reliability of eyewitness memory (e.g., child eyewitness, weapon presence during event, long eyewitness identification time). If erroneous juror beliefs can be corrected their impact may be reduced.

This study examined how manipulations of likeability and knowledge affected mock jurors’ perceptions of female and male expert witness credibility (N=290). Our findings extend the person perception literature by demonstrating how warmth and competence overlap with existing conceptions of likeability and credibility in the psycholegal domain. We found experts high in likeability and/or knowledge were perceived equally positively regardless of gender in a death penalty sentencing context. Gender differences emerged when the expert was low in likeability and/or knowledge; in these conditions the male expert was perceived more positively than the comparable female expert. Although intermediate judgments (e.g., perceptions of credibility) were affected by our manipulations, ultimate decisions (e.g., sentencing) were not. Implications for theory and practice are discussed.

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.

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared to men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory (Eagly, 1987) and the role incongruity theory of prejudice (Eagly & Karau, 2002, Eagly & Koenig, 2008). Future directions for research are identified and implications are considered for attorneys who select and prepare expert witnesses. Suggestions for men and women’s behavior as expert witnesses are provided.

The knowledge of experts presumably affects their credibility and the degree to which the trier of fact will agree with them. However, specific effects of demonstrated knowledge are largely unknown. This experiment manipulated a forensic expert’s level of knowledge in a mock trial paradigm. We tested the relation between low versus high expert knowledge on mock juror perceptions of expert credibility, on agreement with the expert, and on sentencing. We also tested expert gender as a potential moderator. Knowledge effects were statistically significant; however, these differences carried little practical utility in predicting mock jurors’ ultimate decisions. Contrary to hypotheses that high knowledge would yield increased credibility and agreement, knowledge manipulations only influenced perceived expert likeability. The low knowledge expert was perceived as more likeable than his or her high knowledge counterpart, a paradoxical finding. No significant differences across expert gender were found. Implications for conceptualizing expert witness knowledge, credibility, and their potential effects on juror decision-making are discussed.

The essential tasks for an expert witness are to be prepared, to be effective and credible on the stand, and to manage well the demands of cross-examinations. Most novice experts are excessively anxious about their testimony. Effective experts are well-oriented to the legal and scientific context of court testimony. This chapter reviews research-backed tips for preparing for expert testimony.

The effect of eye contact on credibility was examined via a 3 (low, medium, high eye contact) x 2 (male, female) between-groups design with 232 undergraduate participants. A trial transcript excerpt about a defendant’s recidivism likelihood was utilized as the experts’ script. A main effect was found: experts with high eye contact had higher credibility ratings than in the medium and low conditions. Although a confound precluded comparisons between the genders, results indicated that males with high eye contact were more credible than males with medium or low eye contact. The female experts’ credibility wasn’t significantly different regardless of eye contact. Eye contact may be especially important for males: male experts should maintain eye contact for maximum credibility.

Self-Efficacy Theory (SET; Bandura, 1986, 2000) has generated research and practice ramifications across areas of psychology. However, self-efficacy has yet to be assessed in a legal context. The present paper juxtaposes self-efficacy with self-confidence in terms of theoretical foundations and practical implications, with attention to the area of witness testimony. It is concluded that the concept of witness self-efficacy possesses thorough theoretical grounding as a potential target for witness preparation. As such, we put forth an integrated model of witness preparation featuring self-efficacy bolstering techniques within an established witness training framework.

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.