How Persuasive Is an Eyewitness Who Is Familiar with the Defendant?

Author(s):  
Joanna Pozzulo

This chapter focuses on familiarity in the courtroom. Specifically, this chapter describes how familiarity between an eyewitness and a defendant affects juror decision-making in terms of perceptions of guilt and credibility of both the eyewitness and the defendant. The chapter describes how familiarity has been operationalized in the juror decision-making literature and discusses various definitions of familiarity, such as exposure duration, number of exposures, and the context of the relationship between the eyewitness and defendant. Research examining how familiarity influences jurors’ judgments is summarized. The chapter also discusses the association between familiarity and eyewitness confidence and its impact on jurors. The chapter concludes by describing familiarity within the context of real court cases, the use of expert testimony, and how familiarity may have affected judges’ rulings.

Author(s):  
Joseph Cohen ◽  
H. Harvey Cohen

An empirical study suggests that human factors expert testimony on either side of a case has the potential to influence juror decision making.


2018 ◽  
Vol 45 (8) ◽  
pp. 1234-1251 ◽  
Author(s):  
Evelyn M. Maeder ◽  
Logan Ewanation

Research demonstrates that juror race may interact with defendant race to influence decision-making, but little work has investigated interactions with eyewitness race. This study tested whether Black/White jurors would produce different perceptions/decisions when faced with a Black/White defendant identified by a Black/White eyewitness. We also examined the influence of expert testimony regarding the cross-race effect in two floating cells. Mock jurors read a trial transcript, provided a verdict and trial party ratings, and indicated perceived race salience. Black jurors were more likely to convict a White defendant identified by a Black eyewitness than a Black defendant identified by a White eyewitness. Expert testimony was valued more highly when the defendant was Black, but had no direct influence on verdict; however, it raised race salience perceptions (as did presence of Black trial parties). Perceived race salience was associated with lower rates of conviction, suggesting that race and expert testimony have potential courtroom implications.


2017 ◽  
Vol 57 (4) ◽  
pp. 211-219 ◽  
Author(s):  
Lee J Curley ◽  
Jennifer Murray ◽  
Rory MacLean ◽  
Phyllis Laybourn

The aim of this study was to establish whether more consistent/accurate juror decision making is related to faster decision-making processes which use fewer cues – that is, fast and frugal heuristic processes. A correlational design was implemented with the co-variables: consistency of verdict decisions (participant decisions compared to the actual court verdicts), decision speed, and cue utilisation (the number of cues used to make a final verdict decision). Sixty participants read information about six murder trials which were based on real cases and whose outcome verdicts were deemed to be correct by the Scottish legal institution. Three of the cases had been handed down ‘not guilty’ verdicts, and three had been handed down ‘guilty’ verdicts. Participants read opening statements and were then presented with a block of prosecution evidence, followed by a block of defence evidence. They were then asked to make a final verdict. All three co-variables were significantly related. Cue utilisation and speed were positively correlated, as would be expected. Consistency was negatively and significantly related to both speed and cue utilisation. Partial correlations highlighted that cue utilisation was the only variable to have a significant relationship with consistency, and that the relationship between speed and consistency was a by-product of how frugal the juror was. Findings support the concept of frugal decisional processes being optimal within a juror context. The more frugal a decision is, the more likely jurors are to be to be accurate/consistent.


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