JUROR DECISION-MAKING: THE IMPACT OF WITNESS CREDIBILITY ON PERCEPTIONS OF VICTIMIZATION IN THE COURTROOM

Transcription

1 JUROR DECISION-MAKING: THE IMPACT OF WITNESS CREDIBILITY ON PERCEPTIONS OF VICTIMIZATION IN THE COURTROOM CLE Credit: 1.0 Wednesday, June 19, :50 a.m. - 12:50 p.m. Carroll-Ford Room Galt House Hotel Louisville, Kentucky 1

2 A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Kanet Pol & Bridges 7107 Shona Drive Cincinnati, Ohio Kentucky Bar Association 2

3 TABLE OF CONTENTS The Presenter... i Perceptions of Victimization in the Courtroom: The Impact of Witness Credibility on Juror Decision-making... 1 Forensic Psychology... 1 Eyewitnesses Accurate or Inaccurate... 1 What Affects Eyewitness Testimony?... 1 Perceptions of Eyewitnesses in the Courtroom... 2 Children as Witnesses... 3 Elder Abuse... 6 Stalking... 7 Domestic Violence... 8 Adult Rape

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5 THE PRESENTER Dr. Jonathan M. Golding University of Kentucky Department of Psychology 118 Kastle Hall Lexington, Kentucky (859) DR. JONATHAN M. GOLDING joined the Department of Psychology at the University of Kentucky in His primary research interests are psychology and law and memory. Dr. Golding received his B.A. from Temple University and his M.A. and Ph.D. from the University of Denver. He was named the 2011 Kentucky Professor of the Year by the Carnegie Foundation for the Advancement of Teaching and the Council for Advancement and Support of Education. Dr. Golding is the recipient of the 1994 and 1998 Chancellor's Awards for Teaching and the College of Arts and Sciences 2006 Outstanding Teacher Award. He recently served a three-year term as a Chellgren Center on Undergraduate Education Endowed Professor. i

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7 PERCEPTIONS OF VICTIMIZATION IN THE COURTROOM: THE IMPACT OF WITNESS CREDIBILITY ON JUROR DECISION-MAKING Dr. Jonathan M. Golding I. FORENSIC PSYCHOLOGY Broadly defined research endeavor that examines aspects of human behavior directly related to the legal process Not just clinical work (e.g., profiling, evaluations) Greene, E., Heilburn, K, Fortune, W. H., & Nietzel, M. T. (2007). Wrightsman's Psychology and the Legal System (6 th Ed.) US: Thompson. II. EYEWITNESSES ACCURATE OR INACCURATE? Mistaken Identity 1. Has anyone ever thought you were someone else or have you ever mistaken someone for somebody else? 2. Could you imagine being charged with a crime that you did not commit based on eyewitness testimony? 3. Misidentifications create a double horror wrong person is accused and real criminal is still free. III. WHAT AFFECTS EYEWITNESS TESTIMONY? A. Important Keep in mind that eyewitnesses are generally not like a video recorder (i.e., everything is recorded and can be played back later) B. Several Sources of Unreliability Buckhout, R. (1974). "Eyewitness Testimony," Scientific American, 231, Situation insignificance for eyewitness until the crime occurs, length of crime usually short, less than ideal observation conditions. 1

8 2. Witness age, stress, physical condition, expectancy (mugging in subway), actively construct memory. 3. Test process one picture standing out (von Restorff effect), suggestion, conformity. Buckhout, R. (1974). "Eyewitness Testimony," Scientific American, 231, IV. PERCEPTIONS OF EYEWITNESSES IN THE COURTROOM A. Question Given that eyewitnesses may be unreliable, how do jurors assess this possibility and make decisions? B. Golding Lab Investigate perception of eyewitnesses by jurors/juries in cases of victimization. C. We Generally Use a "Mock Juror" Methodology? 1. Mock-juror experience not the same as the experiences of jurors in actual trials artificiality should be taken into account when generalizing results. 2. Still, experimental control in lab (i.e., manipulate one variable and keep all others constant) allows for clear conclusions about the effect of variable. Bottoms, B.L., Golding, J.M., Stevenson, M.C., Wiley, T.R.A., & Yozwiak, J. (2007). "A Review of Factors Affecting Jurors' Decisions in Child Sexual Abuse Cases." In J.D. Read, D. Ross, M. Toglia, & R. Lindsay (Eds.), The Psychology of Eyewitness Memory (pp ). Mahwah, NJ: Erlbaum. 2

9 V. CHILDREN AS WITNESSES A. Video Witness (last visited 3/19/13) A child may be a victim/witness. Golding, J.M., Dunlap, E.E., & Hodell, E.C. (2009). "Jurors' Perceptions of Children's Eyewitness Testimony." In Bottoms, B.L., Najdowski, C.J., & Goodman, G.S. (Eds.) Children as Victims, Witnesses, and Offenders: Psychological Science and the Law (pp ). New York: Guilford Press. B. Non-Sexual Assault Cases Children are often perceived as unreliable eyewitnesses in nonsexual assault cases cognitive processes are questioned. Goodman, G.S., Golding, J.M., & Haith, M.M. (1984). "Jurors' Reactions to Child Witnesses." Journal of Social Issues, 40, C. Sexual Assault Cases 1. Children are believed more than adolescents and adults children are generally viewed as trustworthy, especially below ten years old. 2. Males believe children LESS than females. Bottoms, B.L., Golding, J.M., Stevenson, M.C., Wiley, T.R.A., & Yozwiak, J. (2007). "A Review of Factors Affecting Jurors' Decisions in Child Sexual Abuse Cases." In J.D. Read, D. Ross, M. Toglia, & R. Lindsay (Eds.), The Psychology of Eyewitness Memory (pp ). Mahwah, NJ: Erlbaum. 3

10 3. Example of research in our lab on perceptions of CSA. DNA Evidence Results DNA + Child Child Only Guilty Verdict 88% 50% Victim Belief Sex of Participant Difference Males Females Guilty Verdict 47% 71% Victim Belief Golding, J.M., Stewart, T.L., Yozwiak, J.A., Djadali, Y, & Sanchez, R.P. (2000). "The Impact of DNA Evidence in a Child Sexual Assault Trial." Child Maltreatment, 5, Other examples of research involving CSA. a. Repressed memories memories claimed to have been repressed not believed as well as memories reported immediately. Golding, J.M., Sego, S.A., Polley, R.R., & Hasemann, D. (1995). "The Believability of Repressed Memories." Law and Human Behavior, 19, Golding, J.M., Sanchez, R.P., & Sego, S.A. (1996). "Do You Believe in Repressed Memories?" Professional Psychology: Research and Practice, 27, Golding, J.M., Sego, S.A., & Sanchez, R.P. (1999). "The Effect of Multiple Childhood Sexual Assaults on Mock-Jurors' Perceptions of Repressed Memories." Behavioral Sciences and the Law, 17, Golding, J.M., Sanchez, R.P., & Sego, S.A. (1999). "Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault." Law and Human Behavior, 23,

11 b. Demeanor an alleged child victim who cries on the stand is believed more than child who does not cry or cries hysterically. Golding, J.M., Fryman, H.M., Marsil, D.M., & Yozwiak, J.A. (2003). "Big Girls Don't Cry: The Effect of Child Witness Demeanor on Juror Decisions in a Child Sexual Abuse Trial." Child Abuse and Neglect, 27, c. Sex differences in jury deliberations males bring up more negative comments about an alleged victim than women. Golding, J.M., Bradshaw, G.S., Bradshaw, E.E., & Hodell, E.C. (2007). "The Impact of Mock Jury Gender Composition on Deliberations and Conviction Rates in a Child Sexual Assault Trial." Child Maltreatment, 12, d. Parricide adolescents who kill their parents are more likely to be convicted of manslaughter than murder if they allege sexual or physical abuse compared to when there is no abuse allegation. Wasarhaley, N.E., Golding, J.M., Lynch, K, R., & Keller, P.S. (in press). "The Impact of Abuse Allegations in Perceiving Parricide in the Courtroom." Psychology, Crime, & Law. e. Disclosure of CSA lower believability when the disclosure of child sexual abuse is delayed. Yozwiak, J.A., Golding, J.M., & Marsil, D.F. (2004). "The Impact of Type of Out-of-Court Disclosure in a Child Sexual Assault Trial." Child Maltreatment, 9, f. CSI effect mentioning the absence of critical evidence leads to more not-guilty verdicts, but no impact of watching CSI-related television shows on the results. 5

12 Golding, J. M., Wasarhaley, N.E., & Simcic, T.A. (2011, March). "The Impact of Calling into Question the Absence of Forensic Evidence: A CSI Effect?" Paper presented at the 4th International Congress on Psychology and Law, Miami, FL. C. Question Can child witnesses who have ADHD be credible witnesses to crimes? VI. ELDER ABUSE Any deliberate action or lack of action causing physical or emotional harm to an elderly person. A. Research in Our Lab on Elder Abuse 1. Elder physical abuse women believed an alleged victim more and rendered a guilty verdict (84 percent) more often than men (65 percent). Golding, J.M., Yozwiak, J.A., Kinstle, T.L., & Marsil, D.F. (2005). "The Effect of Gender in the Perception of Elder Physical Abuse in Court." Law and Human Behavior, 29, Elder neglect fewer guilty verdicts when the alleged victim had a cognitive deficit (33 percent) than when she did not (59 percent). Golding, J.M., Allen, R., Yozwiak, J.A., Marsil, D.F, & Kinstle, T.S. (2005). "Perceptions of Elder Neglect in the Courtroom." Journal of Elder Abuse and Neglect, 16, Elder sexual abuse very low number of guilty verdicts. Hodell, E.C., Golding, J.M., Yozwiak, J.A., Bradshaw, G.S., Kinstle, T.L., & Marsil, D.M. (2009). "Elder Sexual Abuse: Perceptions of the Alleged Victim in Court." Violence against Women, 15,

13 4. Institutional elder neglect: (civil suits) importance of having a witness to the neglect. Wasarhaley. N.E., & Golding, J.M. (in press). "Perceptions of Institutional Elder Abuse in Civil Court." Journal of Elder Abuse and Neglect. 5. Elder financial abuse younger and older mock jurors convict more often than middle-aged mock jurors. B. Question Golding, J.M., Hodell, E.C., Dunlap, E.E., Wasarhaley, N.E., & Keller, P.S. (in press). "When a Son Steals Money from His Mother: Courtroom Perceptions of Elder Financial Exploitation." Journal of Elder Abuse and Neglect. When is KRS 209 ever used to prosecute someone? VII. STALKING A. Examples of Research 1. Ex-intimate stalking mock juror gender differences in perceiving stalking (high fear M = F, low fear M < F). Dunlap, E.E., Hodell, E.C., Golding, J.M., & Wasarhaley, N.E, (2012). "Mock Jurors' Perception of Stalking: The Impact of Gender and Expressed Fear." Journal of Sex Roles, 66, Other ongoing research. a. Attitudes impact perceptions of stalking endorsement of particular stalking myths explained why women and men differed on some trial judgments. b. Jury deliberation and stalking men make more statements against the alleged victim. 7

14 VIII. DOMESTIC VIOLENCE A. Examples of Research 1. Wives who kill their abusive husbands. a. Men convict equally often regardless of a short delay from the abuse to killing or a long delay from the abuse to the killing. b. Women more guilty verdicts with a long delay from the abuse to the killing compared to a short delay. c. Also, if victim was sleeping, the number of guilty verdicts was equal for men and women. Hodell, E.C., Dunlap, E.E., Wasarhaley, N.E., & Golding, J.M. (2012). "Factors Impacting Juror Perceptions of Battered Women Who Kill Their Abusers: Delay and Sleeping Status." Psychology, Public Policy, and Law, 18(2), Lesbian couples. Mock jurors were more likely to be harsh on the defendant when the victim was feminine and more lenient on the defendant when the victim was masculine. Wasarhaley, N.E., Golding, J.G., Renzetti, C.M., & Lynch, K.R. (2012, July). "Courtroom Perceptions of Intimate Partner Violence in Lesbian Relationships." Poster presented at the International Family Violence and Child Victimization Research Conference, Portsmouth, NH. IX. ADULT RAPE A. Example of Research on Adult Rape 1. Victim intoxication. a. Victim intoxicated perpetrator bought beer. b. Victim intoxicated victim bought beer. 8

15 c. Victim sober perpetrator bought colas. d. Victim sober victim bought colas. Victim intoxication resulted in significantly lower victim credibility ratings than no intoxication. However, mock jurors rendered more guilty verdicts and made more pro-victim judgments (e.g., alleged victim credibility) when the perpetrator bought the drinks vs. the victim, regardless of victim intoxication or sobriety. Lynch, K.R., Wasarhaley, N.E., Golding, J.G., & Simcic, T.A. (2012, March). "Juror Perception of Intoxication and Defendant Responsibility as Factors in a Rape Trial." Poster presented at the 2012 Annual Conference of the American Psychology-Law Society, San Juan, Puerto Rico 2. Sexual assault nurse examiners lead to greater victim credibility and increase the number of guilty verdicts. Wasarhaley, N.E., Simcic, T.A., & Golding, J.M. (2012). "Mock Juror Perception of Sexual Assault Nurse Examiner Testimony." Violence and Victims, 27(4), Marital rape verdict did not differ between married and living-together conditions, but participant gender predicted verdict such that males were less likely to render guilty verdicts for both the rape and assault charges than females. B. Question Lynch, K.R., Wasarhaley, N.E., & Golding, J.G. (2012, July). "Perceptions of Marital Rape and Physical Assault in the Courtroom." Poster presented at the International Family Violence and Child Victimization Research Conference, Portsmouth, NH. What are your thoughts on concurrent criminal and civil cases and the issue of impeachment of the accused in the former? 9

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