Part 2 – Witness Appeal

1. Part 2 – Witness Appeal Reaching a Verdict

3. Rate each picture • On a scale of 1-5 with 5 being most and 1 being least ~ who is the most and least….. • Friendly • Credible (believability and trustworthiness) • Intelligent • Attractive • High level of education • Likelihood of being a criminal

6. Witness Appeal • The three areas of witness appeal we’ll consider are as follows: • Attractiveness of defendant • Witness confidence • Effects of shields and videotapes on children giving evidence

7. a) Attractiveness of defendant Witness Appeal

8. Starter Discussion • What type of defendant do you think would impress the court? What would they look like? What would they be wearing? • If someone is perceived as attractive, what other qualities might also be linked to that person? • What is the “Halo effect”?

9. Background • Dion et al ~ physically attractive people are assumed to have other attractive properties = Halo effect. • Efran(1974) ~ good-looking criminals received lighter sentences or penalties unless their looks were involved in the crime e.g. toy boys conning rich old ladies • Defendants are advised to turn up smartly dressed, clean and tidy when in court ~ appearances do matter!

10. Aim – Castellow et al (90) • To investigate… • Whether an attractive defendant is less likely to be found guilty • Whether an attractive witness makes it more likely that the defendant will be found guilty • Whether there are gender differences in these effects

11. Procedure • 71 Male and 74 Female East Carolina University students (for extra credit) • Read sexual harassment case with photos of the defendant and victim attached • Pictures of each were either attractive or unattractive~ • Attractive def & Attractive victim • Attractive def & unattractive victim • Unattractive def & attractive victim • Unattractive def & unattractive victim • DV ~ • verdict and • character ratings of both the victim and the defendant

12. Results - % guilty verdicts

13. Results • Verdict • Defendant • Attractive 56% guilty • Unattractive 76% guilty • Victim • Attractive 77% guilty • Unattractive 55% guilty • Personality ratings – attractive defendants and victims rated most positively • Gender effect – no significant difference

14. Conclusion and Evaluation • Looks matter! • 20mins …. Consider… • How did they eliminate researcher bias in this study? • Is it determinism? • Is it ethnocentrism? • Is it usefulness? • Validity of set-up

15. B) Witness confidence Witness Appeal

16. Today’s Objectives • Continue exploring witness confidence ~ identifying possible reasons as to what could impact on the confidence of the witness (video) • Explore the key study ~ Penrod and Cutler • Develop some evaluation points in your groups • Discuss final study ~ Ross et all • Develop evaluation points • Consider the necessary information for a 10mark exam question • Homework ~ revision / revision aids

17. Starter Discussion • How important is the confidence of the victim when judging if they should be believed? • What reduces witness confidence? • Watch the two-part documentary from CBS 60 minutes and discuss issues related to EWT • http://www.youtube.com/watch?v=u-SBTRLoPuo • http://www.youtube.com/watch?v=u-SBTRLoPuo&feature=player_detailpage#t=668 • http://www.youtube.com/watch?v=I4V6aoYuDcg

18. Background • Giving evidence in Court is a nerve-racking experience • Completely understandable for witnesses to appear nervous and hesitate when answering questions • However, jurors may perceive this nervousness as evidence of being unsure or, even worse, lying • When a witness appears confident, juries tend to have more confidence in what they hear.

19. Aim – Penrod and Cutler (95) • To investigate… • Factors that jurors may be sensitive to when evaluating witness evidence, particularly witness confidence

20. Procedure • Undergraduate students and experienced/eligible jurors • Watched videotaped mock robbery trial and gave verdict • 10 IV’s were manipulated including level of disguise of suspect, weapon focus, and witness confidence (100% or 80%)

21. Results • For 9 variables there was no significant effect found • Witness confidence had a statistically significant result

22. Conclusion and Evaluation • Further studies by Cutler et al have shown that the correlation between accuracy of identification and confidence is very weak (0.00 - 0.02). • Juries do tend to believe it, even when the judge advises them to be wary in the summing up • The results showed that there was little difference between the high and low conditions ~ how could you explain this? • Why do you think confident people are more believable? • Consider… • Situational explanations of courtroom behaviour • Usefulness • Set-up • Sample

23. C) Effect of shields and videotapes on children giving evidence Witness Appeal

24. Starter Discussion • Why are shields and videotapes used? • What is the likely impact on jury’s when evidence is given by children from behind a screen or via video links? • Are they more or less likely to be believed and is it more or less likely that this will make the jury believe the child needs protection from the defendant and therefore they are more likely to be found guilty?

25. Accuracy and reliability of information • Everyone's memory fades with time and children are no different: a video recording is made close to the time of the event(s), when details are vivid • A video recording preserves the child's original account of events in his or her own words. • Because a preliminary inquiry or trial may be held months or years after the interview, a video recording refreshes a child's memory to aid cross-examination. • Quality of information about the alleged offence • Investigative interviewers are experienced in questioning children and trained to elicit complete information without leading or other types of improper questions • A child will likely be more forthcoming in an investigative interview than in a courtroom. • The child's non-verbal communication (e.g., facial expressions and emotional state) are recorded to be observed later by the trier of fact. • Many children are intimidated by the adversarial process and cannot give complete evidence, especially during cross-examination. • A visual record of the child's age and stage of development is captured: a child's language skills, maturity, and physical appearance will change dramatically over several months. • A child may unconsciously demonstrate a sexual act as she describes details of the alleged offence. • Necessity • As children process trauma over time, some get to a point where they cannot emotionally face thinking about (let alone talking about) the event. • A child may begin to testify, only to freeze on the stand. • Fairness • The interview process is transparent: any inappropriate questioning will be apparent to the defence attorney or experts hired by the defence. • Addressing testimony-related stresses • Introduction of a video-recorded statement reduces the length of time a child testifies and, therefore, is exposed to testimony-related stressors.

26. Background • Cases involving sexual abuse, kidnapping or domestic violence a child may bethe only victim • The courtroom procedures can be very stressful and traumatic for children • Sometimes children are allowed to give evidence from behind a screen or via a video link • However, many defence counsels have argued that this is detrimental to the defendant as it may appear to the jury that the child is in need of protection, suggesting that the defendant is indeed guilty

27. Aim – Ross et al (94) • To investigate… • Impact of protective shields/videotaped evidence on likelihood of guilty verdicts • Impact of protective devices on credibility of defendant (deflation) and victim (inflation)

28. Procedure • 300 Psychology students – gender balanced, majority white middle class • Watched 2-hour mock child abuse trial • The film included the child’s father as the accused (alleged abuse was a single touch in the bath) • The case focused on whether the touch was innocent or sexual • The film also included the mother, two expert witnesses (one for each side) and the child herself. • The judge in the case read a warning before the use of the screen or video tape directing the jury not to imply guilt by their use

29. Procedure • 3 conditions • Child testimony given in open court in full view • Child testimony given behind a large screen • Child testimony given via a video-link • DV’s – verdict, credibility ratings for defendant and victim

30. Results No significant difference found between conditions , but 58.6% of females found defendant guilty compared to only 38.6% of males

31. Results • No significant difference found across 3 conditions regarding defendant’s credibility, but females rated them less credible than males • No significant difference found across 3 conditions regarding victim’s credibility, but females rated them more credible than males

32. Conclusion • This study suggests that when judge’s warnings are given there is no disadvantage to the defendant in the use of shields and videotape • However, in a 2nd study carried out by Ross et al when the tape was stopped immediately after the child testified, a guilty verdict was more likely in the Open court condition – but this was an artificial situation, real cases run their full course

33. Evaluation • Consider… • Sample size and demographic • S&W of laboratory experiment method • Effect of having two real attorneys verify accuracy of legal procedure followed in mock trial • Research design

34. Possible exam Questions • Describe relevant research that suggests that the presentation of witnesses has and effect on reaching a verdict (10 marks) • Either ~ • Start to develop an answer to the above question • Complete your own revision aids e.g. evaluation table • Complete these tasks over the weekend