Thesis advisor: Richard Atkins / The topic of this thesis is testimonial epistemic injustice in the courtroom context. Testimonial epistemic injustice occurs when someone’s testimony is unduly downgraded (credibility deficit) or unduly upgraded (credibility excess) due to a structural social prejudice held by the listener. Examples of structural social prejudices are prejudices concerning race, gender, class, and degree of education obtained by the testifier. Credibility assessments are influenced by listeners’ biases, the social context of the interaction, and the perceived disposition of the testifier. In this paper, I intend to examine (1) what testimonial epistemic injustice is and (2) what can be done to address testimonial epistemic injustice in courtrooms. / Thesis (BA) — Boston College, 2022. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Scholar of the College. / Discipline: Philosophy.

The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's comprehension and decrease their bias must be discussed and propagated. The purpose of this thesis is to explore the answers to those questions and provide potential solutions to the issues facing the modern Florida jury. Law journals, statutes, and case law all suggest that juror comprehension decreases substantially when faced with highly complex evidence. Biases are also commonly associated with these forms of evidence and are leading towards unfair verdicts. Despite these problems, there are solutions that are readily available in the areas of alternative dispute resolution. Further solutions may be created through a revision of the jury instruction process. This thesis seeks to raise awareness of the problems facing the Florida jury and contribute solutions that are practical and easily used.

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The current dissertation had three primary objectives, categorized into two MTurk studies with capital juror-eligible community members: (a) cross-validate the psychometric properties of the JQVV, (b): explore the role of legal attitudes via the JQVV in mock capital sentencing decisions, and (c): examine the JQVV's ability to detect juror social desirability in capital voir dire. Impressively, Study 1 (N = 552) and Study 2 (N = 313) provided strong and consistent evidence for the JQVV's reliability and construct validity. In the mock juror paradigm, punitive legal attitudes on the JQVV (i.e., Crime-Neg, Convict, and Death-Pos), did not directly affect sentencing decisions, however they indirectly influenced the perception of nearly all other legally relevant variables (e.g., evidence type). For example, participants with more punitive criminal justice attitudes evaluated aggravating evidence more favorably which, in turn, increased death sentence verdicts. Study 1 also underscored the concerningly low levels of comprehension jurors have regarding judicial instructions and other relevant legal knowledge (e.g., the definition of aggravating). In Study 2, the support-life and support-death groups evidenced divergent patterns of social desirability, although support-death participants did not dramatically alter their scores between the genuine and social desirability condition. Additionally, the JQVV Pros-Cyn and Justice-Pos scales were moderately effective at identifying social desirability, marking the first ever questionnaire to examine juror response styles. Implications for research, professional practice in capital jury selection, and legal policy are discussed.

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