Matching Items (16)
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- All Subjects: Law
- Creators: Schweitzer, Nicholas
- Creators: Salerno, Jessica
Description
This study investigates the presence of a dual identity defendant, and how sharing an in-group can create a judgment bias. A sample of 256 participants was used to test whether there was a relationship between judgment punitiveness, perceptions of shared identity, hypocrisy and the social identities (religion and sexual orientation) of the participants and a defendant charges with a sexual offence. Results suggest that Christian participants selected more punitive outcomes for the defendant compared to non-Christian participants. Further, participants were more punitive when the defendant was gay compared to when the defendant was heterosexual. Also, when the defendant was straight there was a stronger feeling of similarity between the participants and defendant compared to when the defendant was gay, and non-Christian participants had a stronger feeling of closeness to the defendant compared to Christian participants. There was a significant interaction found, suggesting that when the defendant was Christian and gay he was seen as more hypocritical compared to when he was Christian and straight; there was no interaction when the defendant was not Christian. These findings should aid in future research and a better understanding of how dual identity defendants are perceived in the courtroom.
ContributorsAltholz, Rachel Leah (Author) / Salerno, Jessica (Thesis advisor) / Hall, Deborah (Committee member) / Schweitzer, Nick (Committee member) / Arizona State University (Publisher)
Created2014
Description
A sample of 193 participants viewed one of six variations of an eyewitness giving mock testimony. Each participant viewed testimony, which varied by level of emotion (none, moderate, or high) and frame (waist-up or head only). Participants then rated the witness using the Brodsky Witness Credibility Scale and the Reyson Likability Scale. A set of ANOVA's was performed revealing an effect of emotion level on both credibility and likability. Emotion level was found to influence participant judgments of poise, however, to a lesser degree than judgments of credibility and likability. These results suggest that attorneys may want to avoid the use of videoconferencing with certain types of witnesses where testimony may be highly emotional.
ContributorsHavener, Shannon (Author) / Schweitzer, Nicholas (Thesis advisor) / Salerno, Jessica (Committee member) / Hall, Deborah (Committee member) / Arizona State University (Publisher)
Created2014
Description
Protectors who do harm are often punished more severely because their crime is perceived as a betrayal of trust. Two experiments test whether this will generalize to protectors who incur harm while serving in their protective role, and if not, whether collective guilt for the harm they suffered provides an explanation. Study 1 tested competing hypotheses that a veteran (versus civilian) with PTSD would be punished either more harshly because of the trust betrayal, or more leniently because of increased guilt about the harm the veteran suffered during war. Men and women were both more lenient toward a veteran (versus civilian) but this effect was mediated by collective guilt only among men. In Study 2, guilt inductions increased leniency among participants less likely to classify the veteran as an in-group member (women, low national identifiers), but not in those who are more likely to classify the veteran as an in-group member (men, high national identifiers), who were lenient without any guilt inductions.
ContributorsJay, Alexander Charles (Author) / Salerno, Jessica M (Thesis advisor) / Schweitzer, Nicholas (Committee member) / Hall, Deborah (Committee member) / Arizona State University (Publisher)
Created2015
Description
Deoxyribonucleic Acid (DNA) evidence has been shown to have a strong effect on juror decision-making when presented in court. While DNA evidence has been shown to be extremely reliable, fingerprint evidence, and the way it is presented in court, has come under much scrutiny. Forensic fingerprint experts have been working on a uniformed way to present fingerprint evidence in court. The most promising has been the Probabilistic Based Fingerprint Evidence (PBFE) created by Forensic Science Services (FSS) (G. Langenburg, personal communication, April 16, 2011). The current study examined how the presence and strength of DNA evidence influenced jurors' interpretation of probabilistic fingerprint evidence. Mock jurors read a summary of a murder case that included fingerprint evidence and testimony from a fingerprint expert and, in some conditions, DNA evidence and testimony from a DNA expert. Results showed that when DNA evidence was found at the crime scene and matched the defendant other evidence and the overall case was rated as stronger than when no DNA was present. Fingerprint evidence did not cause a stronger rating of other evidence and the overall case. Fingerprint evidence was underrated in some cases, and jurors generally weighed all the different strengths of fingerprint testimony to the same degree.
ContributorsArthurs, Shavonne (Author) / McQuiston, Dawn (Thesis advisor) / Hall, Deborah (Committee member) / Schweitzer, Nicholas (Committee member) / Arizona State University (Publisher)
Created2012
Description
Recent advances in hierarchical or multilevel statistical models and causal inference using the potential outcomes framework hold tremendous promise for mock and real jury research. These advances enable researchers to explore how individual jurors can exert a bottom-up effect on the jury’s verdict and how case-level features can exert a top-down effect on a juror’s perception of the parties at trial. This dissertation explains and then applies these technical advances to a pre-existing mock jury dataset to provide worked examples in an effort to spur the adoption of these techniques. In particular, the paper introduces two new cross-level mediated effects and then describes how to conduct ecological validity tests with these mediated effects. The first cross-level mediated effect, the a1b1 mediated effect, is the juror level mediated effect for a jury level manipulation. The second cross-level mediated effect, the a2bc mediated effect, is the unique contextual effect that being in a jury has on the individual the juror. When a mock jury study includes a deliberation versus non-deliberation manipulation, the a1b1 can be compared for the two conditions, enabling a general test of ecological validity. If deliberating in a group generally influences the individual, then the two indirect effects should be significantly different. The a2bc can also be interpreted as a specific test of how much changes in jury level means of this specific mediator effect juror level decision-making.
ContributorsLovis-McMahon, David (Author) / Schweitzer, Nicholas (Thesis advisor) / Saks, Michael (Thesis advisor) / Salerno, Jessica (Committee member) / MacKinnon, David (Committee member) / Arizona State University (Publisher)
Created2015
Description
Cultivation theory states that consuming television cultivates a social reality in the real world which aligns with the reality present in television. When the television show CSI was released, researchers studied a form of cultivation stemming from the show titled the "CSI Effect." One of the components of the CSI Effect is the tendency of those who watch CSI to be more likely to overestimate the presence of forensic evidence present in a trial and place more trust in such evidence. In recent years, several true crime documentaries that examined controversial cases have been released. In a similar vein of research conducted on CSI, the current study examines true crime documentaries and their possible impacts on viewers’ judgments and beliefs about the criminal justice system. In the current study, participants were provided with a mock case and asked about their perceptions of the case along with their viewership habits. While overall true crime documentary viewership did not influence judgments of evidence manipulation or perceptions of police, findings point to viewership of the targeted documentaries being associated with feelings of mistrust towards the criminal justice system overall, while the lesser-viewed documentaries correlated with judgments of strength and responsibility of the defendant in the case. One possible explanation is that individual characteristics may serve as the driving factor in how individuals choose what to watch when the popularity of the show is not as well-known.
ContributorsDoughty, Kathryn A (Author) / Schweitzer, Nicholas J. (Thesis advisor) / Neal, Tess (Committee member) / Salerno, Jessica (Committee member) / Arizona State University (Publisher)
Created2018
Description
Previous studies exploring variability in sentencing decisions have consistently found gender differences, such that women receive lighter sentences than men. In the proposed study, I present a new framework for understanding gender differences in sentencing preferences, including circumstances under which no gender differences should emerge. The Affordance Management Approach suggests that our minds are attuned to both group- and individual-level threats and opportunities that others afford us. I conceptualize the sentencing difference between men and women as driven by perceived affordances that assist or hinder an individual in achieving certain fundamental goals. When faced with sanctioning an offender in our community, the offender's sex, the victim's age, and environmental variables such as the ratio of men to women may influence our decision-making, because these factors have affordance implications. Thus, I hypothesized that individuals will express differences in the sentencing of offenders who commit assault, and that these differences vary by offender sex, victim age, and sex-ratio. The results indicate that, as predicted, female offenders received lighter sentencing than men when the offender committed an assault against a same-sex adult, but received equally punitive sentences as men when the assault was committed against a child. In general, results do not support a consistent effect of sex ratio as a factor when making sentencing decisions. Although results do not fully support the current study's specific hypotheses, there remains much to be gained from applying an affordance management perspective to understanding variability in sentencing between the sexes.
ContributorsUzzanti, Charlene Ann (Author) / Neuberg, Steven (Thesis director) / Knight, George (Committee member) / Salerno, Jessica (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Department of Psychology (Contributor)
Created2015-05
Description
Scientists, lawyers, and bioethicists have pondered the impact of scientifically deterministic evidence on a judge or jury when deciding the sentence of a criminal. Though the impact may be one that relieves the amount of personal guilt on the part of the criminal, this evidence may also be the very reason that a judge or jury punishes more strongly, suggesting that this type of evidence may be a double-edged sword. 118 participants were shown three films of fictional sentencing hearings. All three films introduced scientifically deterministic evidence, and participants were asked to recommend a prison sentence. Each hearing portrayed a different criminal with different neurological conditions, a different crime, and a different extent of argumentation during closing arguments about the scientifically deterministic evidence. Though the argumentation from the prosecution and the defense did not affect sentencing, the interaction of type of crime and neurological condition did.
ContributorsMeschkow, Alisha Sadie (Author) / Schweitzer, Nicholas (Thesis director) / Robert, Jason (Committee member) / Patten, K. Jakob (Committee member) / Barrett, The Honors College (Contributor) / Department of Psychology (Contributor)
Created2014-05
Description
There is conflicting evidence regarding whether a biasing effect of neuroscientific evidence exists. Early research warned of such bias, but more recent papers dispute such claims, with some suggesting a bias only occurs in situations of relative judgment, but not in situations of absolute judgment. The current studies examined the neuroimage bias within both criminal and civil court case contexts, specifically exploring if a bias is dependent on the context in which the neuroimage evidence is presented (i.e. a single expert vs. opposing experts). In the first experiment 408 participants read a criminal court case summary in which either one expert witness testified (absolute judgment) or two experts testified (relative judgment). The experts presented neurological evidence in the form of functional magnetic resonance imaging (fMRI) data and the evidence type varied between a brain image and a graph. A neuroimage bias was found, in that jurors who were exposed to two experts were more punitive when the prosecution presented the image and less punitive when the defense did. In the second experiment 240 participants read a summary of a civil court case in which either a single expert witness testified or two experts testified. The experts presented fMRI data to support or refute a claim of chronic pain and the evidence type again varied between image and graph. The expected neuroimage bias was not found, in that jurors were more likely to find in favor of the plaintiff when either side proffered the image, but more likely to find for the defense when only graphs were offered by the experts. These findings suggest that the introduction of neuroimages as evidence may affect jurors punitiveness in criminal cases, as well as liability decisions in civil cases and overall serves to illustrate that the influence of neuroscientific information on legal decision makers is more complex than originally thought.
ContributorsHafdahl, Riquel J (Author) / Schweitzer, Nicholas (Thesis advisor) / Salerno, Jessica (Committee member) / Neal, Tess (Committee member) / Arizona State University (Publisher)
Created2016
Description
A substantial amount of research has been dedicated to understanding how and why innocent people confess to crimes that they did not commit. Unfortunately, false confessions occur even with the best possible interrogation practices. This study aimed to examine how different types of false confession (voluntary, compliance, and internalization) and the use of jury instructions specific to confessions influences jurors’ verdicts. A sample of 414 participants read a criminal trial case summary that presented one of four reasons why the defendant falsely confessed followed by either the standard jury instruction for confessions or a clarified version. Afterwards, participants completed several items assessing the perceived guilt of the defendant, their attitudes on confessions in general, and their opinions on jury instructions. Although the three confession reasons did not differ among one another, jurors who were given no explanation for the false confession tended to more harshly judge the defendant. Further, the clarified jury instructions did not influence the participants’ judgments. Future research should focus on how expert witness testimonies affect verdicts regarding each type of false confession reason and whether the media may influence a juror’s knowledge of factors that could provoke false confessions.
ContributorsPollack, Andrew Christian (Author) / Schweitzer, Nicholas (Thesis advisor) / Salerno, Jessica (Committee member) / Neal, Tess (Committee member) / Arizona State University (Publisher)
Created2017