Jury instructions and mock-juror sensitivity to confession evidence in a simulated criminal case

被引:6
作者
O'Donnell, Christina M. [1 ]
Safer, Martin A. [1 ]
机构
[1] Catholic Univ Amer, Dept Psychol, Washington, DC 20064 USA
关键词
Jury instructions; confession evidence; sensitivity; judicial decision-making; courtroom; FALSE CONFESSIONS; DECISION-MAKING; INTERROGATION TACTICS; POLICE INTERROGATIONS; COERCED CONFESSIONS; EDUCATING JURORS; EXPERT TESTIMONY; PSYCHOLOGY; VERDICTS;
D O I
10.1080/1068316X.2017.1351965
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
We investigated whether enhanced jury instructions, which added empirical findings about confession evidence to standard, jury instructions, could sensitize mock jurors to the confession evidence in a criminal trial transcript. Participants (N = 314) read a detailed transcript of a simulated murder trial, followed by standard or enhanced jury instructions. The key evidence was the defendant's recanted confession, gathered by police using either coercive (weak case) or appropriate (strong case) tactics. For example, testimony in the weak case, but not the strong case, indicated that the suspect was likely intoxicated when interviewed, and that the police likely lied about the evidence against him and hinted at leniency if he confessed. Participants in the enhanced instruction groups rated the likelihood that the defendant killed the victim as significantly higher in the strong case than the weak case, and they were also significantly more likely to find the defendant guilty in the strong case. In contrast, participants in the standard instruction groups did not differ significantly in either rated likelihood of killing or verdict for the two cases. The results demonstrate that instructions can make jurors sensitive to the strength of confession evidence, rather than merely skeptical about confession evidence.
引用
收藏
页码:946 / 966
页数:21
相关论文
共 42 条
  • [1] Jurors believe interrogation tactics are not likely to elicit false confessions: will expert witness testimony inform them otherwise?
    Blandon-Gitlin, Iris
    Sperry, Katheryn
    Leo, Richard
    [J]. PSYCHOLOGY CRIME & LAW, 2011, 17 (03) : 239 - 260
  • [2] Bornstein B.H., 2012, Court Review, V48, P48
  • [3] Jury Decision Making: Implications For and From Psychology
    Bornstein, Brian H.
    Greene, Edie
    [J]. CURRENT DIRECTIONS IN PSYCHOLOGICAL SCIENCE, 2011, 20 (01) : 63 - 67
  • [4] Cumming G., 2012, UNDERSTANDING NEW ST
  • [5] Cutler B., 2014, UMKC Law Review, V82, P589
  • [6] Davis D., 2011, The future of evidence, P233
  • [7] Jury decision making - 45 years of empirical research on deliberating groups
    Devine, DJ
    Clayton, LD
    Dunford, BB
    Seying, R
    Pryce, J
    [J]. PSYCHOLOGY PUBLIC POLICY AND LAW, 2001, 7 (03) : 622 - 727
  • [8] Drizin StevenA., 2004, North Carolina Law Review, P891
  • [9] Dror I., 2006, JFI, V56, P600, DOI DOI 10.1016/S1355-0306(98)72118-5
  • [10] On the Presumption of Evidentiary Independence: Can Confessions Corrupt Eyewitness Identifications?
    Hasel, Lisa E.
    Kassin, Saul M.
    [J]. PSYCHOLOGICAL SCIENCE, 2009, 20 (01) : 122 - 126