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Description

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

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.

ContributorsNeal, Tess M.S. (Author) / Cramer, Robert J. (Author) / Ziemke, Mitchell H. (Author) / Brodsky, Stanley L. (Author)
Created2013
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Description

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

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.

ContributorsGirvan, Erik J. (Author) / Cramer, Robert J. (Author) / Titcomb, Caroline (Author) / Neal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2013
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Description

Despite advances in the scientific methodology of witness testimony research, no sound measure currently exists to evaluate perceptions of testimony skills. Drawing on self-efficacy and witness preparation research, the present study describes development of the Observed Witness Efficacy Scale (OWES). Factor analyses of a mock jury sample yielded a two-factor

Despite advances in the scientific methodology of witness testimony research, no sound measure currently exists to evaluate perceptions of testimony skills. Drawing on self-efficacy and witness preparation research, the present study describes development of the Observed Witness Efficacy Scale (OWES). Factor analyses of a mock jury sample yielded a two-factor structure (Poise and Communication Style) consistent with previous research on witness self-ratings of testimony delivery skills. OWES subscales showed differential patterns of association with witness credibility, witness believability, agreement with the witness, and verdict decision. Juror gender moderated the impact of Communication Style, but not Poise, on belief of and agreement with the witness. Results are discussed with attention to application of the OWES to witness research and preparation training.

ContributorsCramer, Robert J. (Author) / DeCoster, Jamie (Author) / Neal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2013
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Description

We investigated the role of moral disengagement in a legally‐relevant judgment in this theoretically‐driven empirical analysis. Moral disengagement is a social‐cognitive phenomenon through which people reason their way toward harming others, presenting a useful framework for investigating legal judgments that often result in harming individuals for the good of society.

We investigated the role of moral disengagement in a legally‐relevant judgment in this theoretically‐driven empirical analysis. Moral disengagement is a social‐cognitive phenomenon through which people reason their way toward harming others, presenting a useful framework for investigating legal judgments that often result in harming individuals for the good of society. We tested the role of moral disengagement in forensic psychologists’ willingness to conduct the most ethically questionable clinical task in the criminal justice system: competence for execution evaluations. Our hypothesis that moral disengagement would function as mediator of participants’ existing attitudes and their judgments—a theoretical “bridge” between attitudes and judgments—was robustly supported. Moral disengagement was key to understanding how psychologists decide to engage in competence for execution evaluations. We describe in detail the moral disengagement measure we used, including exploratory and confirmatory factor analyses across two separate samples. The four‐factor measure accounted for a total of 52.18 percent of the variance in the sample of forensic psychologists, and the model adequately fit the data in the entirely different sample of jurors in a confirmatory factor analysis. Despite the psychometric strengths of this moral disengagement measure, we describe the pros and cons of existing measures of moral disengagement. We outline future directions for moral disengagement research, especially in legal contexts.

ContributorsNeal, Tess M.S. (Author) / Cramer, Robert J. (Author)
Created2017-11-07
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Description

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.

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.

ContributorsCramer, Robert J. (Author) / Neal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2009
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Description

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

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.

ContributorsBrodsky, Stanley L. (Author) / Neal, Tess M.S. (Author) / Cramer, Robert J. (Author) / Ziemke, Mitchell H. (Author)
Created2009
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Description

Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I

Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I featured exploratory and confirmatory factor analyses yielding a two-factor Witness Self-Efficacy Scale (WSES). The two components are Poise and Communication Style. Study II used a second data collection to show that both WSES domains possess convergent, divergent, and predictive validity relations consistent with those expected using an SET framework. Notably, WSES components predicted perceptions of witness credibility and sentencing outcomes above and beyond witness extraversion, general self-efficacy and general self-confidence. Implications for SET and witness preparation training are discussed.

ContributorsCramer, Robert J. (Author) / Neal, Tess M.S. (Author) / DeCoster, Jamie (Author) / Brodsky, Stanley L. (Author)
Created2010
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Description

Prosecutors are handling increasing numbers of criminal cases concerning veterans from the wars in Iraq and Afghanistan who suffer from posttraumatic stress disorder (PTSD). How these prosecutors handle such cases may reflect their attitudes toward veterans or offenders with PTSD. In turn, their attitudes may affect perceptions of blameworthiness, as

Prosecutors are handling increasing numbers of criminal cases concerning veterans from the wars in Iraq and Afghanistan who suffer from posttraumatic stress disorder (PTSD). How these prosecutors handle such cases may reflect their attitudes toward veterans or offenders with PTSD. In turn, their attitudes may affect perceptions of blameworthiness, as well as negotiations about sentencing during the pre-trial stage. The present study investigated the effect of a defendant’s military experience and mental health status (i.e., PTSD) on prosecutors’ offers at the pre-trial stage and their ratings of the defendant’s blameworthiness. Prosecutors’ offers were more lenient to stress-disordered veterans; specifically, they were offered more diversion programs compared to veterans without PTSD and to other offenders with PTSD. Prosecutors also perceived veterans and those with PTSD as less criminally culpable; they also empathized and identified more with veterans and those with PTSD than non-veterans and offenders without PTSD.

ContributorsWilson, Jennifer Kelly (Author) / Brodsky, Stanley L. (Author) / Neal, Tess M.S. (Author) / Cramer, Robert J. (Author)
Created2011
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Description

Plasmodium vivax is the most prevalent malarial species in South America and exerts a substantial burden on the populations it affects. The control and eventual elimination of P. vivax are global health priorities. Genomic research contributes to this objective by improving our understanding of the biology of P. vivax and

Plasmodium vivax is the most prevalent malarial species in South America and exerts a substantial burden on the populations it affects. The control and eventual elimination of P. vivax are global health priorities. Genomic research contributes to this objective by improving our understanding of the biology of P. vivax and through the development of new genetic markers that can be used to monitor efforts to reduce malaria transmission. Here we analyze whole-genome data from eight field samples from a region in Cordóba, Colombia where malaria is endemic. We find considerable genetic diversity within this population, a result that contrasts with earlier studies suggesting that P. vivax had limited diversity in the Americas. We also identify a selective sweep around a substitution known to confer resistance to sulphadoxine-pyrimethamine (SP). This is the first observation of a selective sweep for SP resistance in this species. These results indicate that P. vivax has been exposed to SP pressure even when the drug is not in use as a first line treatment for patients afflicted by this parasite. We identify multiple non-synonymous substitutions in three other genes known to be involved with drug resistance in Plasmodium species. Finally, we found extensive microsatellite polymorphisms. Using this information we developed 18 polymorphic and easy to score microsatellite loci that can be used in epidemiological investigations in South America.

ContributorsWinter, David (Author) / Pacheco, Maria Andreina (Author) / Vallejo, Andres F. (Author) / Schwartz, Rachel (Author) / Arevalo-Herrera, Myriam (Author) / Herrera, Socrates (Author) / Cartwright, Reed (Author) / Escalante, Ananias (Author) / Biodesign Institute (Contributor)
Created2015-12-28
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Description

Inbreeding in hermaphroditic plants can occur through two different mechanisms: biparental inbreeding, when a plant mates with a related individual, or self-fertilization, when a plant mates with itself. To avoid inbreeding, many hermaphroditic plants have evolved self-incompatibility (SI) systems which prevent or limit self-fertilization. One particular SI system—homomorphic SI—can also

Inbreeding in hermaphroditic plants can occur through two different mechanisms: biparental inbreeding, when a plant mates with a related individual, or self-fertilization, when a plant mates with itself. To avoid inbreeding, many hermaphroditic plants have evolved self-incompatibility (SI) systems which prevent or limit self-fertilization. One particular SI system—homomorphic SI—can also reduce biparental inbreeding. Homomorphic SI is found in many angiosperm species, and it is often assumed that the additional benefit of reduced biparental inbreeding may be a factor in the success of this SI system. To test this assumption, we developed a spatially-explicit, individual-based simulation of plant populations that displayed three different types of homomorphic SI. We measured the total level of inbreeding avoidance by comparing each population to a self-compatible population (NSI), and we measured biparental inbreeding avoidance by comparing to a population of self-incompatible plants that were free to mate with any other individual (PSI).

Because biparental inbreeding is more common when offspring dispersal is limited, we examined the levels of biparental inbreeding over a range of dispersal distances. We also tested whether the introduction of inbreeding depression affected the level of biparental inbreeding avoidance. We found that there was a statistically significant decrease in autozygosity in each of the homomorphic SI populations compared to the PSI population and, as expected, this was more pronounced when seed and pollen dispersal was limited. However, levels of homozygosity and inbreeding depression were not reduced. At low dispersal, homomorphic SI populations also suffered reduced female fecundity and had smaller census population sizes. Overall, our simulations showed that the homomorphic SI systems had little impact on the amount of biparental inbreeding in the population especially when compared to the overall reduction in inbreeding compared to the NSI population. With further study, this observation may have important consequences for research into the origin and evolution of homomorphic self-incompatibility systems.

ContributorsFurstenau, Tara (Author) / Cartwright, Reed (Author) / Biodesign Institute (Contributor)
Created2017-11-24