The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

Hearsay Versus Children's Testimony: Effects of Truthful and Deceptive Statements on Jurors’ Decisions

Researchers and courts are focusing increasing attention on the reliability of children's out-of-court statements, especially in relation to trials of child sexual abuse. The main goal of this study was to investigate the effects of presentation of children's out-of-court statements (e.g., hearsay) on jurors' perceptions of witness credibility and defendant guilt, and on jurors' abilities to reach the truth. Child participants experienced either a mock crime or were coached to say they experienced the crime when in fact they had not. During elaborate mock trials involving community member jurors, children's testimony was presented either: (1) live, (2) on videotape, or (3) via a social worker. Analyses revealed that testimony format directly influenced jurors' perceptions of child and social worker credibility (e.g., children were perceived as less likely to provide false statements if they testified live) as well as jurors' sympathy toward the child, all of which then predicted jurors' confidence in defendant guilt. Jurors had difficulty discerning accurate from deceptive child statements regardless of testimony format. Implications for psychology and the legal system are discussed.     

Face-to-Face Confrontation: Effects of Closed-Circuit Technology on Children's Eyewitness Testimony and Jurors' Decisions

The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at a downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish factfinders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed- circuit technology when children testify are discussed.     

Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials

This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed.     

Complex scientific testimony: How do jurors make decisions?

Critics of the civil jury system question whether jurors can adequately evaluate complex expert testimony. Based on current models of research in persuasion, we hypothesized that when expert testimony is complex, factors other than content will influence persuasion. Participants, serving as mock jurors, watched a videotaped trial in which two scientists provided evidence on whether PCBs could have caused a plaintiff's illness. The complexity of the expert's testimony and the strength of the expert's credentials were varied in a 2×2 factorial design. After watching the videotape, mock jurors rendered a verdict and completed a number of attitude measures related to the trial. Overall, consistent with our prediction, we found that jurors were more persuaded by a highly expert witness than by a less expert witness, but only when the testimony was highly complex. When the testimony was less complex, jurors relied primarily on the content of that testimony, and witness credentials had little impact on the persuasiveness of the message.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.     

Confidence inflation in eyewitnesses: Seeing is not believing

Purpose. Confidence inflation in eyewitnesses obscures a useful cue to identification accuracy and affects evaluations of eyewitnesses (e.g., Bradfield & McQuiston, 2004; Jones, Williams, & Brewer, 2008). We examine whether sensitivity to confidence inflation evidence is enhanced by seeing a videotape of the identification procedure. Methods. Participants (N= 131) watched a videotaped trial in which the witness's original confidence statement was presented as part of a previously recorded videotaped identification procedure or read by the witness at trial. In addition, the witness's identification confidence was either consistently high or low at the time of the identification and high at the trial (i.e., it was inflated). Results. Significant interactions demonstrated that confidence inflation evidence factored into judgments of the eyewitness and defendant guilt more strongly in the videotape condition compared with the read condition. Conclusions. The present results support recommendations to collect immediate confidence reports and videotape identification procedures. Using videotape evidence may help innocent defendants convince jurors that the eyewitness's identification is not accurate.     

Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony

Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials.     

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

Science in the Jury Box: Jurors’ Comprehension of Mitochondrial DNA Evidence

Questions about how jurors understand and apply scientific evidence were addressed in a mock jury study in which 480 jury pool members watched a videotaped mock trial that included expert testimony about mitochondrial DNA (mtDNA) evidence purportedly linking a defendant to a crime. Collectively, jurors showed moderately good comprehension of the mtDNA evidence, although some made definitional and inferential errors. Comprehension was better among jurors with higher educational attainment and more mathematics and science courses. Lower comprehension was associated with jurors’ reservations about science and concerns about the contamination of mtDNA evidence. The results suggest that most jurors are capable of comprehending and employing scientific evidence presented during trial, although errors and doubts about the evidence should be anticipated.     

Disclosure of child sexual abuse: expressed emotions and credibility judgments of a child mock victim

Both lay persons and professionals believe that the emotions displayed by a child witness during disclosure of sexual abuse are a factor of importance when judging the child's credibility. Unfortunately, not all children display emotions according to expectations, leading to misjudgments, and possible miscarriage of justice. In the present study, we examined how lay people's credibility judgments were influenced by a child's displayed emotions during the disclosure of sexual abuse. Participants (n?=?119), viewed video recordings of a mock police interview of an 11-year-old child actor disclosing sexual abuse, displaying one of four emotional expressions (angry, sad, neutral, and positive). Results showed that participants were strongly influenced by the emotions displayed; in particular, the display of strong negative emotions (anger) or positive emotions during disclosure significantly reduced judged credibility. The credibility ratings predicted the participant? judgments of the defendant's guilt and the willingness to pass a guilty vote in a hypothetical trial.     

对强制证人到庭例外规定的思考——评《刑事诉讼法》第188条第1款

2012年修改的《刑事诉讼法》第188条第一款规定＂经人民法院通知,证人没有正当理由不出庭作证的,人民法院可以强制其到庭,但是被告人的配偶、父母、子女除外。＂这一规定并未赋予特定亲属拒绝作证权。《刑事诉讼法》一方面要求被告人的上述亲属必须提供相关证言,同时又允许这些特定亲属拒绝出庭,实际上是以维护家庭关系之名,严重妨害了被告人的对质权,有必要以法治国家通行的亲属拒绝作证权取代强制证人到庭例外规定。     

The impact of general versus specific expert testimonyand eyewitness confidence upon mock juror judgment

Subjects (n=128) initially viewed an eyewitness of high or low confidence. Subsequently, participants viewed a psychologist who gave either espert testimony on the unreliability of eyewitness identification, specific expert testimony, or no expert (control) testimony. Subjects viewing expert testimony believed the eyewitness identified the gunman significantly less often, gave the defendant lower guilt ratings, estimated a lower general percentage of correct identifications under similar circumstances, estimated a lower percentage of general accurate eyewitness testimony, and gave significantly lower ratings to the belief that one can generally tell from eyewitness confidence whether an eyewitness is accurate than subjects in control conditions. Significant differences were also obtained between general and specific expert testimony. Participants viewing specific expert testimony estimated lower general percentages of correct identifications under the circumstances of the crime and reported relying more upon the psychologist's testimony than subjects viewing general expert testimony. Additionally, subjects viewing general expert testimony had significantly less confidence in their gunman vs. innocent person decision than subjects in specific testimony or control conditions. Subjects who viewed the high confidence eyewitness decided that the eyewitness correctly identified the gunman more often, gave the defendant higher guilt ratings, and estimated the general percentage of accurate eyewitness testimony to be significantly higher than jurors in low eyewitness confidence groups. The finding that jurors may continue to rely on eyewitness confidence to gauge the accuracy of the witness even after viewing expert testimony is discussed.     

Crime Victims Serving as Jurors: Is There Bias Present?

This project examined the decisions of 2435 mock jurors of whom 984 reported being a victim of some type of crime and 982 reported knowing a close friend or relative who had been a victim. Participants watched a videotape of a trial of a burglary of a habitation and were asked to give individual verdicts. Results indicated that jurors who identified themselves as victims of the same crime convicted significantly more frequently than those who had not been victims. Victims of violent crimes (a type of crime dissimilar to that for which the defendant was on trial) were not more likely to convict than were non-victims. Implications of this research are discussed.     

Cameras in the courtroom

The present experiment examined some of the key psychological issues associated with electronic media coverage (EMC) of courtroom trials. Undergraduate student subjects served as eitherwitnesses orjurors in one of three types of trials:EMC, in which a video camera was present; conventional media coverage (CMC), in which a journalist was present; or, ano-media control, in which no media representative or equipment was present. Students who served as witnesses first viewed a 5-min videotape of a reenacted armed robbery. Days later, these students testified as witnesses to the crime in front of a jury of peers. Measures assessed the following: witness and juror attitudes toward EMC, witness report and juror perceptions of nervousness and media distraction, juror perceptions of witness testimony, and witnesses' ability to accurately recall aspects of the crime event. Results showed that EMC witnesses and jurors had significantly more favorable attitudes toward EMC than participants in the other two conditions. And, although EMC witnesses and jurors both reported greater witness nervousness, distraction, and awareness than those in the CMC condition, the EMC experience did not impair witnesses' ability to accurately recall the details of the crime or witnesses' ability to communicate effectively. The psychological and legal policy implications of these findings are discussed.     

The Effects of Rehabilitative Voir Dire on Juror Bias and Decision Making

During voir dire, judges frequently attempt to “rehabilitate” venirepersons who express an inability to be impartial. Venirepersons who agree to ignore their biases and base their verdict on the evidence and the law are eligible for jury service. In Experiment 1, biased and unbiased mock jurors participated in either a standard or rehabilitative voir dire conducted by a judge and watched a trial video. Rehabilitation influenced insanity defense attitudes and perceptions of the defendant’s mental state, and decreased scaled guilt judgments compared to standard questioning. Although rehabilitation is intended to correct for partiality among biased jurors, rehabilitation similarly influenced biased and unbiased jurors. Experiment 2 found that watching rehabilitation did not influence jurors’ perceptions of the judge’s personal beliefs about the case.