The Persuasion Handbook


Book Description

Vienna, 1909. When the celebrated actor Eugen Bischoff is found dead in his garden pavilion, suspicion falls immediately on Baron von Yosch, a well-to-do army officer who was once the lover of the dead man s wife. By all appearances the door was locked from the inside when the two shots rang out the actor took his own life, but someone, or something, drove him to it. The baron sets out to learn all he can about the actor s death in order to clear his name. Meanwhile, within a few days, similar apparent suicides are reported. What started out as a straightforward quest to establish Bischoff s last deeds and discover the truth of his death becomes a search through the ages for an invisible enemy identified only by the actor s dying breath, when he whispered: . . . the Day of Judgment. Leo Perutz combines his hallmark blend of suspense and the fantastic in this spine-tingling mystery.




Expert Psychological Testimony for the Courts


Book Description

During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.




The Impact of Pre-recorded Video and Closed Circuit Television Testimony by Adult Sexual Assault Complainants on Jury Decision-making


Book Description

This report presents the findings from a mock sexual assault jury trial research project conducted on behalf of the New South Wales Attorney General's Department in 2005. The project aimed to investigate whether the impact of adult sexual assault complainant testimony on juror perceptions and decisions differs if presented via closed circuit television (CCTV), pre-recorded videotape or face-to-face in the courtroom. The study also investigated the impact of emotional versus neutral complainant testimony. Eighteen mock trials were held in a mock courtroom in which 210 members of the public participated as jurors. After watching the trial but before jury deliberation, jurors completed individual questionnaires which investigated their perceptions of complainant credibility, empathy with the complainant, overall impression of the complainant, empathy with the accused, overall impression of the accused and personal beliefs about guilt of the accused. After jury deliberation, jurors completed a questionnaire which asked again about their beliefs about guilt of the accused. Jurors also completed a questionnaire about their attitudes toward rape victims in general. The report outlines the methodology used, the key findings, issues arising from juror feedback and the difficulties encountered by jurors in trying to reach unanimous verdicts. The study finds, overall, that immediately following the trial but before jury deliberation, mode of presentation of testimony (face-to-face, CCTV or pre-recorded videotape) did not impact differentially on juror perceptions of the complainant or the accused, or guilt of the accused. The degree to which the complainant was upset while giving her testimony (emotional) or calm (neutral) was also not found to impact in any consistent pattern on juror perceptions or decisions. One of the key insights obtained during this study was the high degree to which many jurors believed many of the "myths" which surround rape in general. Acceptance of these myths means that many jurors have strong expectations about how a "real" victim would behave before, during and after an alleged sexual assault. These expectations impact on their perceptions of the complainant's credibility. Other key issues were the difficulty juries experienced in defining reasonable doubt, and the difficulty of understanding what was meant by "consent".




Turning Mirrors into Windows?


Book Description

In 2006, the Government proposed allowing prosecutors in England and Wales to adduce lsquo;general' expert witness testimony in rape cases. This initiative was based on two assumptions-first, that jurors currently lack an adequate understanding of rape complainants' post-assault behaviour (which, in turn, generates inappropriate inferences regarding credibility) and, second, that expert testimony offers a useful vehicle for addressing such juror ignorance. In a previous article, the authors reported on a mock jury study that provided empirical support for the first of these claims-at least in regard to a complainant's calm demeanour, delayed reporting or lack of physical resistance. In this article, the authors investigate whether educational guidance presented at trial-via expert testimony or an expansive judicial instruction-can have the intended beneficial impact of redressing popular misconceptions, thereby leading to a fairer assessment of complainant credibility in rape cases.




Factors Influencing Juror Decision Making in Criminal Trials Involving Recovered Memory of Childhood Sexual Abuse


Book Description

The current study examined the impact of expert witness orientation (researcher or clinical practitioner) and type of testimony (testimony for the prosecution, for the defense, for both prosecution and defense, and no testimony) on mock jurors' decisions in a sexual abuse trial. Participants read a summary of a sexual abuse criminal trial based on recovered memory; the summary included expert witness testimony (varied across participants based on the conditions described above). Participants then completed a juror decision making task. Results showed that expert witness testimony provided by a researcher did not impact mock jurors' guilt ratings any differently than the expert witness testimony provided by a clinical practitioner. However, type of testimony had a significant effect on jurors' guilt ratings. The prosecution witness expert testimony influenced mock jurors' decision in favor of the prosecution and testimony by a defense expert influenced the jurors' decisions in favor of the defense.










First Impressions from the Jury Box


Book Description

The present study examined the influence that a juror's first impressions of an expert witness might have on two outcomes: judgments of the witness' credibility, and verdict decisions in a criminal case involving a Not Guilty by Insanity (NGRI) defense. This was the first study to use "thin slice" methodology to manipulate time exposed to expert testimony and assess reliability of witness credibility ratings over time. This study also examined the degree to which these impressions influence the relationship between juror opinions and jury decision-making. A 2 (non-deliberating vs. deliberating jury) X 3 (observing 30 seconds, 5 minutes, or 10 minutes of expert witness testimony) between subjects design was implemented. Participants (N = 188, 30 mock juries) viewed a videotaped presentation of testimony from an actor portraying a forensic mental health professional called on by the defense. Mock juror characteristics, responses to a thought listing measure, and transcriptions from the videotaped jury deliberations were coded for exploratory analysis. Primary results, obtained via Hierarchical Linear Mixed Modeling to account for the random effect of group, were supported by jury-level analysis. Despite support for the accuracy of "thin slice" judgments in the literature, results found that jurors in the 30 second condition judged the expert as significantly less credible in this study. Results did not support the anticipated leniency shift in juries post-deliberation, and instead, yielded a significant two-way interaction on verdict for the 30 second group, such that non-deliberating jurors were more lenient than deliberating jurors. Implications for understanding how impressions of expert witness testimony translate from the juror to the deliberation room are discussed, with particular attention to cases with an increased likelihood of bias against the NGRI defense.