INDUCING JURORS TO DISREGARD INADMISSIBLE EVIDENCE - A LEGAL EXPLANATION DOES NOT HELP

Three experiments investigated mock jurors' ability to disregard inadmissible prior conviction evidence and hearsay. In Experiments 1 and 2, college students listened to an audiotape enacting a theft trial. The critical evidence favored the prosecution and was objected to by the defense. In three different conditions the judge either ruled the evidence admissible, ruled it inadmissible, or ruled it inadmissible and explained the legal basis for the ruling. In a fourth condition no critical evidence was presented. The critical witness' credibility was also manipulated. With prior conviction evidence but not hearsay the legal explanation ''backfired.'' In addition, the critical witness' credibility did not affect subjects' ability to disregard inadmissible evidence. The results of Experiment 3 suggest that the legal explanation may have affected the use of hearsay and prior conviction evidence differently because of subjects' dissimilar preconceptions of the fairness of using the two evidence items to assess guilt.