Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington &...

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Reaching a verdict Witness Appeal

Transcript of Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington &...

Page 1: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Reaching a verdict

Witness Appeal

Page 2: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Reaching a Verdict

Persuading a Jury

Effect of order

Pennington & Hastie

Expert Witness

Loftus

Inadmissible Evidence

Pickle

Witness Appeal

Attractiveness

Castellow/Dion Theory

Witness Confidence

Penrod & Cutler

Shields and videotaping

Ross

Reaching a Verdict

Decision making

Hastie

Majority Influence

Asch

Minority Influence

Nemeth

Page 3: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Witness AppealAttractiveness of the defendant

• Dion et al, hypothesised that physically attractive people are assumed to have other attractive properties. (Implicit Personality Theory)

• This is known as the ‘Halo Effect’ as described by Asch (1946), where a positive halo of pleasant characteristics is imagined when one favourable characteristic is known about an individual.

Therefore what effect on the defendant do you think this will this have in the courtroom?

• Efran (1974) found good looking criminals received lighter sentences or penalties UNLESS their looks were involved in the crime e.g. toy boys conning rich old ladies.

• This is why a defendant is advised to turn up smartly dressed, clean and tidy for their day in court, appearances do matter.

Page 4: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Evaluation of Castellow et al’s study

• Demand characteristics:

• Sample:

• Method: Lab Experiment:

Page 5: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Evaluation of Castellow et al’s study

• Self-reports:

• Ethics:

• Application:

Page 6: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

• June 2010• Describe how attractiveness of a defendant

can influence courtroom behaviour. (10)

Page 7: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Witness AppealWitness Confidence

• Giving evidence in Court is a nerve-racking experience and it would be completely understandable for witnesses to appear nervous and hesitate when answering questions.

• However, jurors may perceive this nervousness as evidence of being unsure or even worse lying.

• When a witness appears confidence, jury’s tend to have more confidence in what they hear.

Page 8: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Evaluation of Penrod & Cutler’s study

• Method:

• Sample:

• Reliability:

• Application:

Page 9: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Exam Question

• June 2013• Describe research into the effect of witness

confidence in the courtroom. (10)

Page 10: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Witness AppealEffect of shields and videotape on children giving evidence

• In many cases involving sexual abuse, kidnapping or domestic violence a child is the only victim.

• The courtroom procedures can be very stressful & traumatic for children.

• Sometimes children are allowed to give evidence from behind a screen or via a video link to reduce this stress.

• However, many defence counsels have argued that this is prejudicial to the defendant as it may appear to the jury that the child is in need of protection, suggesting that the defendant is indeed guilty.

Page 11: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Evaluation of Ross et al’s study

• Independent groups design:

• Experiment:

Page 12: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

• Ethics:

• Sample:

• Difference between males and females in 1st experiment:

• 2nd experiment: If trial stopped there are differences between conditions – implications?

Page 13: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

• January 2012• Describe research into the effect of shields

and videotape on children giving evidence. (10)

Page 14: Reaching a verdict Witness Appeal. Reaching a Verdict Persuading a Jury Effect of order Pennington & Hastie Expert Witness Loftus Inadmissible Evidence.

Evaluation

• June 2010• Evaluate the methodology used in witness

appeal. (15)• Jan 2012• Discuss difficulties which may be encountered

when researching witness appeal. (15) • June 2013• Assess the usefulness of research into witness

appeal in the courtroom. (15)