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Two experiments examined how mock jurors’ beliefs about three factors known to influence eyewitness memory accuracy relate to decision-making (age of eyewitness and presence of weapon in Study 1, length of eyewitness identification decision time in Study 2). Psychology undergraduates rendered verdicts and evaluated trial participants after reading a robbery-murder

Two experiments examined how mock jurors’ beliefs about three factors known to influence eyewitness memory accuracy relate to decision-making (age of eyewitness and presence of weapon in Study 1, length of eyewitness identification decision time in Study 2). Psychology undergraduates rendered verdicts and evaluated trial participants after reading a robbery-murder trial summary that varied eyewitness age (6, 11, 42, or 74 years) and weapon presence (visible or not) in Study 1 and eyewitness decision length (2-3 or 30 seconds) in Study 2 (n=200 each). The interactions between participant belief about these variables and the manipulated variables themselves were the heart of this study. Participants’ beliefs about eyewitness age and weapon presence interacted with these manipulations, but only for some judgments – verdict for eyewitness age and eyewitness credibility for weapon focus. The exploratory meditational analyses found only one relation: juror belief about eyewitness age mediated the relation between eyewitness age and credibility ratings. These results highlight a need for juror education and specialized voir dire in cases where legitimate concerns exist regarding the reliability of eyewitness memory (e.g., child eyewitness, weapon presence during event, long eyewitness identification time). If erroneous juror beliefs can be corrected their impact may be reduced.

ContributorsNeal, Tess M.S. (Author) / Christiansen, Ashley (Author) / Bornstein, Brian H. (Author) / Robicheaux, Timothy R. (Author)
Created2012
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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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Aside from an article by Gutheil, Bursztajn, Hilliard, and Brodsky (2004), scant literature exists regarding why forensic mental health professionals refuse or withdraw from cases. The current study collected descriptive information about the reasons mental health experts decline or withdraw from forensic assessments, both early and late in the legal

Aside from an article by Gutheil, Bursztajn, Hilliard, and Brodsky (2004), scant literature exists regarding why forensic mental health professionals refuse or withdraw from cases. The current study collected descriptive information about the reasons mental health experts decline or withdraw from forensic assessments, both early and late in the legal process. In response to an online survey, 29 practicing forensic psychologists and psychiatrists presented examples of case withdrawal from their professional experiences. Their major reasons included ethical issues or conflicts, payment difficulties, and interpersonal or procedural problems with retaining counsel or evaluees. The results indicate that there are compelling personal and professional reasons that prompt forensic mental health experts to withdraw from or turn down cases.

ContributorsBrodsky, Stanley L. (Author) / Wilson, Jennifer Kelly (Author) / Neal, Tess M.S. (Author)
Created2013
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This report integrated quantitative and qualitative methods across two studies to compile descriptive information about forensic psychologists’ occupational socialization processes. We also explored the relation between occupational socialization and forensic psychologists’ objectivity. After interviewing 20 board-certified forensic psychologists, we surveyed 334 forensic psychologists about their socialization into the field. Results

This report integrated quantitative and qualitative methods across two studies to compile descriptive information about forensic psychologists’ occupational socialization processes. We also explored the relation between occupational socialization and forensic psychologists’ objectivity. After interviewing 20 board-certified forensic psychologists, we surveyed 334 forensic psychologists about their socialization into the field. Results indicated that the occupational socialization processes of forensic psychologists, including socialization about objectivity, varied widely across time and situation as the field has developed. Moreover, three hypotheses regarding occupational socialization were supported. It was positively and significantly associated with years of experience, t(284) = 3.63, p < 0.001, 95% CI = 0.05 – 0.16; belief in one’s ability to be objective, t(296) = 9.90, p < 0.001, 95% CI = 0.69 – 1.03; and endorsement of the usefulness of various bias correction strategies, r = 0.38 (p < .001, one-tailed). The implications of these results and directions for future research are discussed.

ContributorsNeal, Tess M.S. (Author) / Brodsky, Stanley L. (Author)
Created2014
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This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared to men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared to men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory (Eagly, 1987) and the role incongruity theory of prejudice (Eagly & Karau, 2002, Eagly & Koenig, 2008). Future directions for research are identified and implications are considered for attorneys who select and prepare expert witnesses. Suggestions for men and women’s behavior as expert witnesses are provided.

ContributorsNeal, Tess M.S. (Author)
Created2014-03-13
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The knowledge of experts presumably affects their credibility and the degree to which the trier of fact will agree with them. However, specific effects of demonstrated knowledge are largely unknown. This experiment manipulated a forensic expert’s level of knowledge in a mock trial paradigm. We tested the relation between low

The knowledge of experts presumably affects their credibility and the degree to which the trier of fact will agree with them. However, specific effects of demonstrated knowledge are largely unknown. This experiment manipulated a forensic expert’s level of knowledge in a mock trial paradigm. We tested the relation between low versus high expert knowledge on mock juror perceptions of expert credibility, on agreement with the expert, and on sentencing. We also tested expert gender as a potential moderator. Knowledge effects were statistically significant; however, these differences carried little practical utility in predicting mock jurors’ ultimate decisions. Contrary to hypotheses that high knowledge would yield increased credibility and agreement, knowledge manipulations only influenced perceived expert likeability. The low knowledge expert was perceived as more likeable than his or her high knowledge counterpart, a paradoxical finding. No significant differences across expert gender were found. Implications for conceptualizing expert witness knowledge, credibility, and their potential effects on juror decision-making are discussed.

ContributorsParrott, Caroline Titcomb (Author) / Neal, Tess M.S. (Author) / Wilson, Jennifer K. (Author) / Brodsky, Stanley L. (Author)
Created2015-03
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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

Since its debut over a century ago, forensic psychology has matured into a formally recognized specialty area of psychology with its own set of ethical guidelines; however, a consensual definition of forensic psychology remains elusive. After describing the field’s historical and current struggles to define itself, two ethical issues are

Since its debut over a century ago, forensic psychology has matured into a formally recognized specialty area of psychology with its own set of ethical guidelines; however, a consensual definition of forensic psychology remains elusive. After describing the field’s historical and current struggles to define itself, two ethical issues are discussed that are especially applicable to psychology in legal contexts. The first is the critical differences between serving in therapeutic versus forensic roles and the associated ethical obligation to refrain from serving in both roles in the same case. Despite the terminology used in the literature, treatment in forensic contexts can be ethically appropriate. This chapter considers the current state of the literature regarding treatment in forensic contexts and suggests that this is likely to be an area of future growth for the field. The second ethical issue discussed in this chapter is the insidious effect of the adversarial process on psychologists’ objectivity in forensic contexts, termed “forensic identification” or “adversarial allegiance.” The forensic ethical guidelines affirm the primacy of this issue in forensic contexts, as evidenced by addressing it in the first two published guidelines. However, field and experimental evidence suggest psychologists have a challenging (if not impossible) task in avoiding partiality in adversarial forensic contexts. The chapter ends by briefly considering the methods psychologist might use in an effort to reduce partiality and by recognizing more research is needed to identify what else psychologists can do to strive to uphold the ethical guidelines in this regard.

ContributorsNeal, Tess M.S. (Author)
Created2017
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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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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