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 impact of abuse allegations in perceiving parricide in the courtroom

One hundred and seventy five undergraduates (105 females) read a fictional criminal trial summary of a parricide case in which the juvenile defendant alleged sexual abuse or physical abuse or did not allege abuse. An allegation of either type of abuse led to a greater likelihood of a manslaughter conviction than a murder conviction and greater pro-child ratings (e.g., sympathy toward the defendant) compared to no abuse allegations. Specific evaluations of the defendant mediated the verdict results. In addition, there was no support for the claim that perceptions are more heinous for sexual abuse than physical abuse allegations and only limited support that perceptions for this type of case result in women being more pro-child defendant than men. The discussion focuses on how abuse allegations impact jurors' decision-making processes in parricide cases.     

The sick accused: forensic and emergency aspects in the courtroom

Evaluation of the fitness of an accused person to participate in legal proceedings is a classic forensic activity. Before the trial, the forensic expert will already assess any preexisting somatic and psychological illnesses and give a written expert opinion describing the condition of the accused at the time of the examination and assessing whether he is fit to stand trial. Nevertheless, decompensation or aggravation of a disease may occur--especially in stress situations as they are to be expected for an accused in the courtroom--so that apart from the current evaluation of the state of health of the accused, emergency treatment may occasionally become necessary in the courtroom. The article tries to answer the question how the expert can meet this challenge.     

Battered woman syndrome evidence in the courtroom

The use of battered woman syndrome evidence has been advocated in trials of battered women who assault or kill their abusers. The present article reviews existing legal and psychological literature addressing the use of this form of expert testimony. As the review will indicate, there are, at present, substantial gaps in our knowledge about its scientific status and its impact on legal proceedings. The goal of the article is to highlight some of the central concerns surrounding the use of bettered woman syndrome evidence and to encourage additional research on the subject.Thanks are extended to R. Lalonde for comments on earlier versions of this paper.     

Gender bias in courtroom dynamics

Respondents to numerous surveys about courtroom interaction have identified gender bias as a serious problem in the courts. Consistently, women perceive more bias than do men. To explore the importance of gender, role (judge vs. attorney), experience with bias, and age in predicting perceptions of gender bias in the courtroom, we conducted secondary analyses of data from a survey of judges and attorneys in Illinois. Three dimensions of bias were identified:Presence of Bias, Optimism (belief that bias is decreasing), andInstrumental Bias (use of biased behavior as a trial tactic). Although role, age, and experience had some importance in explaining the scores on these three factors, gender offered the greatest predictive power. Implications for future research and for ending bias in courtroom interaction are discussed.This research was completed with support from the Office of Social Science Research, University of Illinois at Chicago.     

Attorney communication and impression making in the courtroom

This study investigated the effectiveness of attorney communication and impression making in the courtroom. Trained in-court observers rated attorney presentations for factual and legal informativeness, organization, articulateness, and rapport during the opening statement phase of 50 trials. After the trials, jurors were asked to evaluate the attorneys' overall articulateness. enthusiasm, and likableness during the trial. The attorneys were then questioned about their own performance on these indices. The results revealed that the opening statements of prosecuting attorneys were judged by observers as better organized and more factually and legally informative than defense attorneys. However, these variables were not related to trial outcome. Juror evaluations of prosecuting attorneys more closely agreed with these attorneys' self-perceptions of courtroom performance while defense attorneys rated themselves significantly more favorably than did jurors. More courtroom experience did not generally lead to better courtroom performance during opening statements for either prosecuting or defense attorneys, and often resulted in significant overestimations of general performance relative to juror evaluations, particularly among defense attorneys. System constraints operating in favor of prosecutors and performance feedback mechanisms available to prosecutors but not to defense attorneys are discussed. These mechanisms may account for the discrepancies between juror perceptions of attorneys and attorney self-perception.     

The abrogation of subjectivity in the psychiatric courtroom: Toward a psychoanalytic semiotic analysis

Conclusion We examined, on a cursory and suggestive level, the role of desire in the psychiatric courtroom. Employing selected conceptualizations from Lacan's semiosis, we demonstrated how this desire is essentially quashed and silenced by the clinicolegal community. Put another way, given the opinion inBoggs, we see how the essential being and way of knowing for diverse mentally ill citizens, are repressed by the psycholegal establishment. Indeed, followingBoggs, the only knowledge claims embraced by the court were those articulations uttered by experts, and others similarly situated, who spoke the jargon of psychiatric justice. Not only does this decision making deny and invalidate the disparate voices of psychiatric consumers, it limits prospects for developing new and alternative sign meanings in law that more fully represent the experiences of the differently abled and other disenfranchised groups. Thus, regrettably,Boggs symbolizes not only the loss of agency for disordered subjects in the clinicolegal system but, more generally, the law's failure to promote emancipatory justice.     

The case for pain neuroimaging in the courtroom: lessons from deception detection

From an observer''s perspective, pain is a fairly nebulous concept—it is not externally visible, its cause is not obvious, and perceptions of its intensity are mainly subjective. If difficulties in understanding the source and degree of pain are troublesome in contexts requiring social empathy, they are especially problematic in the legal setting. Tort law applies to both acute and chronic pain cases, but the lack of objective measures demands high thresholds of proof. However, recent developments in pain neuroimaging may clarify some of these inherent uncertainties, as studies purport detection of pain on an individual level. In analyzing the scientific and legal barriers of utilizing pain neuroimaging in court, it is prudent to discuss neuroimaging for deception, a topic that has garnered significant controversy due to premature attempts at introduction in the courtroom. Through comparing and contrasting the two applications of neuroimaging to the legal setting, this paper argues that the nature of tort law, the distinct features of pain, and the reduced vulnerability to countermeasures distinguish pain neuroimaging in a promising way. This paper further contends that the mistakes and lessons involving deception detection are essential to consider for pain neuroimaging to have a meaningful future in court.     

Wrapped in silence: psychotherapists and confidentiality in the courtroom

The impact of the Austrian Psychotherapy Act, which, in contrast to legal provisions in the United States, does not provide for any exceptions to breach confidentiality, is compared with the effects of U.S. law on dealing with confidentiality. The authors investigated the impact of this law in light of three common situations in psychotherapy that may jeopardize strict confidentiality: treating potentially dangerous patients, giving testimony, and serving as a psychotherapist in prison. Under the strict provisions of the Austrian Psychotherapy Act, a breach may be excusable in the case of a highly probable danger, but Austrian psychotherapists cannot be obliged to serve as witnesses or as experts in civil or criminal cases, as American psychotherapists can. Psychotherapy in prison, where release is contingent on the success of the therapy and the divulging of information could be in the interests of the patient as well as the court and the public, requires a modified dealing with confidentiality.     

Ageism in the courtroom: mock juror perceptions of elder neglect

The present study explored ageism in a civil court context. In two experiments, male and female undergraduates (Experiment 1; N?=?215) and community members (Experiment 2; N?=?203) read an institutional elder neglect trial summary in which a nursing home was sued for failure to provide the necessary care for an elderly female resident. The trial varied as to who provided witness testimony: the live victim, a recorded deposition from the victim, the victim’s middle-aged niece (Experiments 1, 2), the victim’s elderly floor-mate (Experiment 1), or no testimony was provided (Experiment 2). Across both experiments, higher ageism was negatively associated with pro-victim ratings (e.g. victim memory). Ageism indirectly decreased the likelihood of ruling for the plaintiff through ratings of sympathy for the victim and victim memory (Experiment 1), and defendant responsibility (Experiment 2). Trial ratings did not differ based on whether victim testimony was presented live or via recorded deposition (Experiments 1, 2). The results suggest that jurors’ ageist attitudes may engender negative perceptions of an elderly victim, which can affect the outcome of neglect cases. We discuss the potential for these findings to inform legal proceedings and protection of elderly individuals.