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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

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.

ContributorsNeal, Tess M.S. (Author) / Guadagno, Rosanna E. (Author) / Eno, Cassie A. (Author) / Brodsky, Stanley L. (Author)
Created2012
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Description

The current study used the Trauma Symptom Checklist-40 (TSC-40) to index both childhood sexual abuse (CSA) and childhood physical abuse (CPA) in a college student sample of both men and women (N = 441). Although the TSC-40 was designed as a measure of CSA trauma, this study concludes the measure

The current study used the Trauma Symptom Checklist-40 (TSC-40) to index both childhood sexual abuse (CSA) and childhood physical abuse (CPA) in a college student sample of both men and women (N = 441). Although the TSC-40 was designed as a measure of CSA trauma, this study concludes the measure is appropriately reliable for indexing the traumatic sequelae of CPA as well as CSA in nonclinical samples. The current study also explored the effects of gender and abuse severity on resulting symptomatology, finding that women and severely abused individuals report the most negative sequelae. Both CSA and CPA emerged as significant explanatory variables in TSC-40 scale scores beyond gender, supporting its validity for indexing traumatic sequelae in nonclinical samples.

ContributorsNeal, Tess M.S. (Author) / Nagle, Jacklyn E. (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

Using confirmatory factor analyses and multiple indicators per construct, we examined a number of theoretically derived factor structures pertaining to numerous trust-relevant constructs (from 9 to12) across four institutional contexts (police, local governance, natural resources, state governance) and multiple participant-types (college students via an online survey, community residents as part

Using confirmatory factor analyses and multiple indicators per construct, we examined a number of theoretically derived factor structures pertaining to numerous trust-relevant constructs (from 9 to12) across four institutional contexts (police, local governance, natural resources, state governance) and multiple participant-types (college students via an online survey, community residents as part of a city’s budget engagement activity, a random sample of rural landowners, and a national sample of adult Americans via an Amazon Mechanical Turk study). Across studies, a number of common findings emerged. First, the best fitting models in each study maintained separate factors for each trust-relevant construct. Furthermore, post hoc analyses involving addition of higher-order factors tended to fit better than collapsing of factors. Second, dispositional trust was easily distinguishable from the other trust-related constructs, and positive and negative constructs were often distinguishable. However, the items reflecting positive trust attitude constructs or positive trustworthiness perceptions showed low discriminant validity. Differences in findings between studies raise questions warranting further investigation in future research, including differences in correlations among latent constructs varying from very high (e.g., 12 inter-factor correlations above .9 in Study 2) to more moderate (e.g., only 3 correlations above .8 in Study 4). Further, the results from one study (Study 4) suggested that legitimacy, fairness, and voice were especially highly correlated and may form a single higher-order factor, but the other studies did not. Future research is needed to determine when and why different higher-order factor structures may emerge in different institutional contexts or with different samples.

ContributorsPytlikZillig, Lisa M. (Author) / Hamm, Joseph A. (Author) / Shockley, Ellie (Author) / Herian, Mitchell N. (Author) / Neal, Tess M.S. (Author) / Kimbrough, Christopher D. (Author) / Tomkins, Alan J. (Author) / Bornstein, Brian H. (Author)
Created2016-03-31
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Description

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

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.

ContributorsBrodsky, Stanley L. (Author) / Neal, Tess M.S. (Author)
Created2013
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Description

The majority of trust research has focused on the benefits trust can have for individual actors, institutions, and organizations. This “optimistic bias” is particularly evident in work focused on institutional trust, where concepts such as procedural justice, shared values, and moral responsibility have gained prominence. But trust in institutions may

The majority of trust research has focused on the benefits trust can have for individual actors, institutions, and organizations. This “optimistic bias” is particularly evident in work focused on institutional trust, where concepts such as procedural justice, shared values, and moral responsibility have gained prominence. But trust in institutions may not be exclusively good. We reveal implications for the “dark side” of institutional trust by reviewing relevant theories and empirical research that can contribute to a more holistic understanding. We frame our discussion by suggesting there may be a “Goldilocks principle” of institutional trust, where trust that is too low (typically the focus) or too high (not usually considered by trust researchers) may be problematic. The chapter focuses on the issue of too-high trust and processes through which such too-high trust might emerge. Specifically, excessive trust might result from external, internal, and intersecting external-internal processes. External processes refer to the actions institutions take that affect public trust, while internal processes refer to intrapersonal factors affecting a trustor’s level of trust. We describe how the beneficial psychological and behavioral outcomes of trust can be mitigated or circumvented through these processes and highlight the implications of a “darkest” side of trust when they intersect. We draw upon research on organizations and legal, governmental, and political systems to demonstrate the dark side of trust in different contexts. The conclusion outlines directions for future research and encourages researchers to consider the ethical nuances of studying how to increase institutional trust.

ContributorsNeal, Tess M.S. (Author) / Shockley, Ellie (Author) / Schilke, Oliver (Author)
Created2016
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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

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.

ContributorsNeal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2008
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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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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