COURSE NOTES: Social
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Based on the course PSY/SOC 301, taught at The Sage Colleges by Prof. Susan Cloninger. This class uses the following textbook, which provides the chapter organization that you see on the menu on the left side of this page: Myers, D. (2005). Social Psychology (8th ed.) New York: McGraw Hill.
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Chapter 15:
Social Psychology in Court
Myers begins this chapter with the O. J. Simpson case.
EYEWITNESS TESTIMONY
The power of persuasive eyewitnesses
- very persuasive, even if the eyewitness has needs glasses
- very persuasive, even if incorrect
- persuasive, if remembers (irrelevant) details
Inaccurate eyewitnesses
- often wrong, in staged experiments
- wrong, even if confident
- example of victim error in rape conviction of Ronald Cotton (Myers, 2005, pp. 609-610)
The misinformation effect
- studies by Elizabeth Loftus
- memory construction
- "stop sign" or "yield sign" in question
- misleading information cuts accuracy (from 75% to 41%, in one study)
- young children are especially suggestible
Retelling
- produces more confident reports
Feedback to witnesses
- casual remark by interrogator influences witness reports dramatically
Reducing error
Train police interviewers
- Reconstruct setting (e.g., with photos)
- Ask evocative questions ("anything unusual about appearance?")
- Avoid assumptions in questions
- avoid showing too many mug shots
Minimize false lineup identifications
- All similar to real suspect
- "Blank" lineup with no real suspect
- Instructions: offender not necessarily in lineup
- Sequential instead of simultaneous lineup
Educate jurors
OTHER INFLUENCES ON JUDGMENTS
The defendant's characteristics
Physical Attractiveness
- "Beautiful people seem like good people." (Myers, 2005, p. 619)
- and being "babyfaced"
Similarity to the Jurors
- attitudes, religion, race, gender
- blacks are overpunished as defendants, and undervalued as victims
however, Myers notes (p. 622): "When the evidence is clear and individuals focus on it (as when they reread and debate the meaning of testimony), their biases are indeed minimal. ... The quality of the evidence matters more than the prejudices of the individual jurors."
Consider the following experiment:
- Students read a case of sexual harassment.
- Attractiveness of female plaintiff and male defendant were manipulated by photographs.
- How might this influence the verdict?
Results:
attractive female plaintiff
- unattractive defendant: 83% guilty
- attractive defendant: 71% guilty
unattractive female plaintiff
- unattractive defendant: 69% guilty
- attractive defendant: 41% guilty
The judge's instructions
- doesn't erase effect of inadmissible testimony
- reactance (“You can’t unring a bell.”)
- ineffective instruction to ignore pretrial publicity
- Should testimony be taped and edited?
Experiment of murder trial, wiretap (Kassin & Sommers, 1997)
- no wiretap condition (control): 24% conviction
- inadmissible because barely audible: 24% conviction
- inadmissible because of due process: 55% conviction
- admissible: 79% conviction
Other issues
- death penalty (Possibility of severe punishment reduces conviction rate.)
- juror experience (influences judgments)
- victim attractiveness and suffering (leads to harsher judgments)
THE JURORS AS INDIVIDUALS
Juror comprehension
- inaccurate understanding of instructions and legal jargon
- difficulty understanding statistical information
- narrative presentation of case
- increasing jurors' understanding
- transcripts
- simpler language for legal instructions
Jury selection
- jury selection consultants
- less important than evidence
"Death-qualified" jurors
Consider the Rodney King Jury:
- to try police for beating Rodney King (videotaped)
- from conservative community, Simi Valley
- consisted of 1 Asian, 1 Hispanic, 10 Whites
- deliberated for 1 week
- deadlocked on the charge of excessive force
One juror, a female Hispanic, said:
- "The people's eyes weren't open and I said to God, 'If you give me one more person on my side I would know'."
- The other jurors mocked her and pressured her when she argued for conviction.
- She accused the other jurors of having made up their minds before the jury deliberations.
THE JURY AS A GROUP
Minority influence
Group polarization
Leniency
- increases during deliberation
Are 12 heads better than 1?
Are 6 heads as good as 12?
- less often include minorities
- more likely to leave lone dissenter
- more balanced participation in deliberations
FROM LAB TO LIFE: SIMULATED AND REAL JURIES
- experiments as simplified versions of real life
[MYERS'S] PERSONAL POSTSCRIPT: THINKING SMART WITH PSYCHOLOGICAL SCIENCE
web links:
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