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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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We used archival data to examine the predictive validity of a pre-release violence risk assessment battery over six years at a forensic hospital (N=230, 100% male, 63.0% African-American, 34.3% Caucasian). Examining “real world” forensic decision-making is important for illuminating potential areas for improvement. The battery included the Historical-Clinical-Risk Management-20, Psychopathy

We used archival data to examine the predictive validity of a pre-release violence risk assessment battery over six years at a forensic hospital (N=230, 100% male, 63.0% African-American, 34.3% Caucasian). Examining “real world” forensic decision-making is important for illuminating potential areas for improvement. The battery included the Historical-Clinical-Risk Management-20, Psychopathy Checklist-Revised, Schedule of Imagined Violence, and Novaco Anger Scale and Provocation Inventory. Three outcome “recidivism” variables included contact violence, contact & threatened violence, and any reason for hospital return. Results indicated measures of general violence risk and psychopathy were highly correlated but weakly associated with reports of imagined violence and a measure of anger. Measures of imagined violence and anger were correlated with one another. Receiver Operating Characteristic curve analyses revealed, unexpectedly, that none of the scales or subscales predicted recidivism better than chance. Multiple regression indicated the battery failed to account for recidivism outcomes. We conclude by discussing three possible explanations, including timing of assessments, controlled versus field studies, and recidivism base rates.

ContributorsNeal, Tess M.S. (Author) / Miller, Sarah L. (Author) / Shealy, R. Clayton (Author)
Created2015-03-13
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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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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