REACHING A VERDICT. WITNESS APPEAL Attractiveness of defendant Witness confidence Child witnesses

Similar documents
Psychology and Law. I. How are jurors influenced by witnesses, the defendant, and the judge? A. How are jurors influenced by eyewitness testimony?

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016).

Eyewitness identification is evidence received from a witness who has actually seen an event and can so testify in court.

Jeffrey I. Dellheim, for appellant. Patrick J. Hynes, for respondent. In this case, turning on the accuracy of eyewitnesses'

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

Exoneration Project Intake Application

Jan Hoth, for appellant. Meredith Boylan, for respondent. Innocence Project, Inc.; Legal Aid Society et al., amici curiae.

The Recorder Vol. 133, No. 90 Copyright 2009 by American Lawyer Media, ALM, LLC. May 11, Case Summaries CRIMINAL PRACTICE

Steps in the Process

Pretrial Activities and the Criminal Trial

Court of Appeals of Ohio

Domestic. Violence. In the State of Florida. Beware. Know Your Rights Get a Lawyer. Ruth Ann Hepler, Esq. & Michael P. Sullivan, Esq.

Can jury trial innovations. improved jurors understanding. evidence?

Salvatore A. Gaetani, for appellant. Maria I. Wager, for respondent. We held in People v Huertas (75 NY2d 487 [1990]) that a

Direct Examination Tips

Psychological Reports, 1982, 50, Psychological Reports 1982

[The following paragraph should be given when the court gives the final instructions after the closing arguments:

Marissa Boyers Bluestine, Legal Director. A Day in the Life of a PD Lightstream Communications CLE

What happens at a Crown Court trial - The prosecution case.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013

The People of the State of New York. against. Ismael Nazario, Defendant.

REPORT OF THE CHIEF LEGISLATIVE ANALYST

Judges and Juries as Evaluators of Expert Testimony

LAW ENFORCEMENT AND EYEWITNESS IDENTIFICATIONS:

Supreme Court significantly revised the framework for determining the. 221, 590 P2d 1198 (1979), in light of current scientific research and adopt[ed]

INNOCENCE PROJECT SCREENING QUESTIONNAIRE

I Saw You but Did I Really?:

Canadian Judicial Council Final Instructions. (Revised June 2012)

GUIDELINES FOR COMPLETING QUESTIONNAIRE

Trial Date and Time. In some cases, the Police Department and the defendant will reach a plea agreement in lieu of going to trial.

United States v. Smith: An Example to Other Courts for How They Should Approach Eyewitness Experts

American Government Jury Duty

REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case

REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case

APPENDIX A. Proposed New Instructions For Use in Cases in Which An Interpreter or a Translator Is Provided. Appendix A - 1

There is no present only the immediate future and the recent past

1. The location or site where a criminal offence has taken place is called a(n)?

Francis DeBlanc, Bobby Freeman, Michael Morales, Kevin Guillory, and John

UNIVERSITY OF HOUSTON: TEXAS INNOCENCE NETWORK QUESTIONNAIRE

CERTIFICATION PROCEEDING

Vulnerable Victims and Witnesses Adult VUL 1 CHA 1 DIR 1. March 1, Principle

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County

Of Mice and Men John Steinbeck. Quarter 3 Summative Assessment Mock Trial

Criminal Case. EQ: What is the sequence of events for a criminal case?

Electronic Publication of Court Proceedings Report April 2016 Summary of Recommendations

Annual Report on Children and Youth Victims

REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case. Superior Court of KITSAP County, Washington Cause No TIMOTHY ERIC CAFFREY

"Tell-Tale Heart" Mock Trial

Innocence Protections Proposal

STATE OF OHIO ) CASE NO. CR C ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) DAVID L. HUMPHRIES ) JOURNAL ENTRY ) Defendant.

The Criminal Court System. Law 521 Chapter Seven

Capital Punishment Reforms in Illinois: Comparing the Views of Police, Prosecutors, and Public Defenders

In their own words. Executive summary. The experiences of 50 young witnesses in criminal proceedings. Policy Practice Research Series

The People of the State of New York, Plaintiff, against. Argelis Rosario, Defendant.

Part I Preparing Yourself for Trial

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

CORRUPTING OR INFLUENCING A JURY (N.J.S.A. 2C:29-8) 1

Examination of witnesses

To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact:

New York Law Journal Volume 239 Copyright 2008 ALM Properties, Inc. All rights reserved. Tuesday, May 27, Decision of Interest

Postconviction Relief Actions Hon. Robert J. Blink 5 th Judicial District of Iowa

Helping people with learning disabilities who go to court

Charlotte County Sheriff s Office

Wearing a Badge, And a Video Camera

Mock Trial Practice Law Test

NORTH CAROLINA SUPERIOR COURT JUDGES BENCHBOOK VOIR DIRE ON PRETRIAL AND IN-COURT IDENTIFICATION

Rules of Evidence (Abridged)

September 1, 2015 Le 1 er septembre 2015 DISCLOSURE

Cato Institute Policing in America Survey

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS

REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case. Superior Court of YAKIMA County, Washington Cause No

COURT OF QUEEN S BENCH OF MANITOBA

STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine

REPORT OF THE TRIAL JUDGE Aggravated First Degree Murder Case. Superior Court of CLARK County, Washington Cause No MICHAEL PATRICK IHDE

SUPREME COURT OF MISSOURI en banc

Codes of Practice For Use of the Serious Crime Analysis Section

Justice Committee. Criminal Justice (Scotland) Bill. Written submission the Law Society of Scotland

CHILD WITNESS POLICY: LAW INTERFACING WITH SOCIAL SCIENCE

West Headnotes (10) 2014 WL Only the Westlaw citation is currently available.

English 1301/ Angry Men Test

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 99,163. STATE OF KANSAS, Appellee, MICHAEL MITCHELL, Appellant. SYLLABUS BY THE COURT

SANTA CLARA COUNTY CIVIL GRAND JURY REVIEW OF POLICE DEPARTMENT ARREST AND INFORMATION RELEASE PROCEDURES: THREE CASES

NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 16 August v. Rowan County Nos. 06 CRS CRS NICHOLAS JERMAINE STEELE

Number 2 of Criminal Law (Sexual Offences) Act 2017

Case 3:16-md VC Document 2940 Filed 03/07/19 Page 1 of 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J

JUVENILE LITIGATION PARALEGAL

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiff : CASE NO CR 00706

Judges and the Media. College for New Judges National Center for Juvenile and Family Court Judges

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************

ROY L. REARDON AND MARY ELIZABETH MCGARRY * SIMPSON THACHER & BARTLETT LLP

SAN DIEGO POLICE DEPARTMENT PROCEDURE

NDAA COMFORT ITEMS COMPILATION (Last updated July 2010)

STATEMENT OF THE CASE. respectively are alleged to have been committed in June 2014 when "Jane Doe" was six years

SGTM 6C: GENDER AND PEACEKEEPING

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Defense: Your goal is to convince as many members of the jury as possible that Abigail Williams is innocent of murder. 4 Attorneys

Steven M. Sharp, for appellant. Bruce Evans Knoll, for respondent. This appeal raises the question whether a defendant can

Transcription:

REACHING A VERDICT WITNESS APPEAL Attractiveness of defendant Witness confidence Child witnesses

WITNESS APPEAL: Physical Attractiveness Physical Attractiveness: Attractive people rarely considered capable of criminal behaviour. Halo effect Saladin et al (1988): Showed 8 photos of men to participants & asked them to judge how capable of committing murder & armed robbery. Results: attractive men thought less likely to commit either crime. * Also viewed more sympathetically & leniently (Quigley, 1995)

Physical Attractiveness: Castellow et al Rate the following men in terms of: Do you think he is guilty of sexual harassment?: On a scale of 1-9: - How dull - exciting is he? - How nervous - calm is he? - How warm - cold is he?

Attractiveness of defendent How attractive do you rate the following women? (scale 1-9) How guilty of crime would you rate them? How far would you consider them to be: Dull - exciting Nervous - calm Warm - cold

Castellow et al (1990): Effects of Physical Attraciveness on Jury Verdicts Aims: Investigate whether attractive defendant less likely to be found guilty & the effect of gender differences Method: laboratory experiment using mock trial Participants: 71m / 74f students given extra credit for psychology course (East Carolina) Procedure: Given sexual harassment case to read with attached photos of victim & defendant (previously categorized as attractive-unattractive on scale of 1-9. Asked Q: Do you think Mr Radford is guilty? At end rated defendant & victim on 11 bipolar scales such as dull-exciting, nervous-calm.

Castellow et al: Physical Attractiveness Results: Ratings showed that physically attractive defendants & victims were rated positively on personality variables Guilty verdicts: attractive defendants; guilty 56% of time, unattractive; guilty 76% Attractive victims; guilty verdict 77%, but only 55% for unattractive victim No significant gender differences Conclusion: Appearance can have powerful effect on verdicts (implications for defendant)

Witness Appeal: Witness Confidence Confidence of witness when giving testimony can greatly affect conviction Can be system variable: earlier interviews & preparation by police Witness confidence can be major source of jury unreliability Key Study: Penrod & Cutler (1995): Effect of witness confidence on jurors assessment of eyewitness evidence Aim: To examine confidence & other factors in jurors evaluation of eyewitness testimony Method: Experiment using mock trial scenario

Penrod & Cutler (1995): Witness Confidence Participants: undergraduates, eligible & experienced jurors Procedure: videotaped trial of robbery Witness testified that she was either 80% or 100% confident of robber ID. Nine other variables introduced into film (eg; suspect disguise, weapon focus, etc) at random. Jurors had to give verdict (guilty or not)

Penrod & Cutler (1995): Witness Confidence Results: Witness confidence is only variable that has statistically significant effect on jury verdict: - 100% confidence = 67% convictions - 80% confidence = 60% convictions Further studies showed very weak correlation between confidence & accuracy Conclusions: Jurors trust confident witnesses (even when warned to be cautious by judge) Witness confidence is a poor predictor of accuracy

Effect of shields & videotape on children giving evidence Cases of sexual abuse, kidnapping & domestic violence - child is only witness Traumatic experience to give evidence in court Use of screens / videotape link What effects could these techniques have on jury verdict?

Ross et al: Impact of protective shields & videotape testimony on conviction rates Aims: To find out if protective shields & videotape increases likelihood of guilty verdict To investigate effect of protective devices on jury reaction (credibility inflation or deflation) Method: mock trial based on real court transcript Actors played parts / prof film crew Three versions: open court with child, child behind screen, child testimony via video link Participants: 300 college students (m/f) from introductory psychology class, white middleclassed. Told study was about psychology & law.

Ross et al (1994) Child witness testimony Procedure: Ps assigned to one condition: watched one version of 2 hour film of alleged abuse court case. Child s father was defendant, mother & child as witness, two expert witnesses Abuse: single touch in bath (innocent or sexual?) Judge gave warning before video or screen used After case, Ps gave verdict & rated credibility of child witness, & credibility of defendent

Ross et al (1994) Child witness testimony Results: - Guilty verdicts: no significant difference between conditions - But 58.6% females & 38.6% males found defendant guilty - No difference in credibility of defendant - No difference in credibility of child witness - Significant gender differences (credibility) Conclusions: Protective devices do not affect jury verdict Study 2: if tape stopped immediately after child testimony - open court led to greater convictions

Child Witnesses: further research Suggestibility: Power imbalance between questioner and child witnesses (& weaker memory trace) - very suggestible. Children eager to please, vulnerable to pressure (Cecil & Bruck, 1992) Rudy & Goodman (1991): - Pairs of children (one aged 4, one 7) - Left alone with adult stranger - One child dressed in clown s outfit & played game with adult/other child watched - 10 days later questioned (suggestive; misleading abuse/non-suggestive) - Results; children unlikely to make false claims of abuse. (4yrs as accurate as 7yrs) * Bidrose & Goodman (2000) see case study