Faculty and Staff

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.

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.

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.

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.

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.

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.

Background: Advancements in geographic information systems over the past two decades have increased the specificity by which an individual’s neighborhood environment may be spatially defined for physical activity and health research. This study investigated how different types of street network buffering methods compared in measuring a set of commonly used built environment measures (BEMs) and tested their performance on associations with physical activity outcomes.

Methods: An internationally-developed set of objective BEMs using three different spatial buffering techniques were used to evaluate the relative differences in resulting explanatory power on self-reported physical activity outcomes. BEMs were developed in five countries using ‘sausage,’ ‘detailed-trimmed,’ and ‘detailed,’ network buffers at a distance of 1 km around participant household addresses (n = 5883).

Results: BEM values were significantly different (p < 0.05) for 96% of sausage versus detailed-trimmed buffer comparisons and 89% of sausage versus detailed network buffer comparisons. Results showed that BEM coefficients in physical activity models did not differ significantly across buffering methods, and in most cases BEM associations with physical activity outcomes had the same level of statistical significance across buffer types. However, BEM coefficients differed in significance for 9% of the sausage versus detailed models, which may warrant further investigation.

Conclusions: Results of this study inform the selection of spatial buffering methods to estimate physical activity outcomes using an internationally consistent set of BEMs. Using three different network-based buffering methods, the findings indicate significant variation among BEM values, however associations with physical activity outcomes were similar across each buffering technique. The study advances knowledge by presenting consistently assessed relationships between three different network buffer types and utilitarian travel, sedentary behavior, and leisure-oriented physical activity outcomes.

Background: The World Health Organization recommends strategies to improve urban design, public transportation, and recreation facilities to facilitate physical activity for non-communicable disease prevention for an increasingly urbanized global population. Most evidence supporting environmental associations with physical activity comes from single countries or regions with limited variation in urban form. This paper documents variation in comparable built environment features across countries from diverse regions.

Methods: The International Physical Activity and the Environment Network (IPEN) study of adults aimed to measure the full range of variation in the built environment using geographic information systems (GIS) across 12 countries on 5 continents. Investigators in Australia, Belgium, Brazil, Colombia, the Czech Republic, Denmark, China, Mexico, New Zealand, Spain, the United Kingdom, and the United States followed a common research protocol to develop internationally comparable measures. Using detailed instructions, GIS-based measures included features such as walkability (i.e., residential density, street connectivity, mix of land uses), and access to public transit, parks, and private recreation facilities around each participant’s residential address using 1-km and 500-m street network buffers.

Results: Eleven of 12 countries and 15 cities had objective GIS data on built environment features. We observed a 38-fold difference in median residential densities, a 5-fold difference in median intersection densities and an 18-fold difference in median park densities. Hong Kong had the highest and North Shore, New Zealand had the lowest median walkability index values, representing a difference of 9 standard deviations in GIS-measured walkability.

Conclusions: Results show that comparable measures can be created across a range of cultural settings revealing profound global differences in urban form relevant to physical activity. These measures allow cities to be ranked more precisely than previously possible. The highly variable measures of urban form will be used to explain individuals’ physical activity, sedentary behaviors, body mass index, and other health outcomes on an international basis. Present measures provide the ability to estimate dose–response relationships from projected changes to the built environment that would otherwise be impossible.