The programme of research described in this dissertation examines the potential prejudicial impact of gruesome evidence on mock juror decision making. The dissertation provides a model of the cognitive and emotional processes by which gruesome evidence can influence mock juror judgments. Five studies will be presented which have examined the influence of gruesome verbal (written) and visual evidence. Four studies utilised mock trial or simulation methodology utilising written trial transcripts and undergraduate students as mock jurors. Results suggest that gruesome evidence can cause emotional reactions in mock jurors and that mock jurors who are exposed to gruesome evidence are more likely to find the defendant culpable (in criminal cases) and liable (in civil cases). The studies evaluated a model which outlines the cognitive and affective processes by which gruesome evidence might influence juror emotion and decision making. Gruesome evidence presented verbally, such as verbal descriptions of the victim??s injuries, may bias juror decisions toward conviction. Increased estimates of the guilt of the defendant may result when gruesome information is present, especially when the inculpatory evidence is weak overall. Photographic evidence, irrespective of whether this evidence is neutral or gruesome, can increase the likelihood of conviction. Admitting gruesome photographic evidence, rather than excluding this evidence, may increase the inculpatory value that jurors ascribe to prosecutorial evidence via the influence of gruesome evidence on the emotional state of jurors. Further, although exposure to any photographs had similar effects on mock juror affect, emotional reactions to gruesome photographic evidence appeared to lead to changes in the assessment of evidence and to an increased likelihood of conviction or liability when compared with neutral and no photographs. The implications of the results for policy, practice and research are discussed.
| Identifer | oai:union.ndltd.org:ADTP/257828 |
| Date | January 2008 |
| Creators | Bright, David Anthony, Psychology, Faculty of Science, UNSW |
| Publisher | Publisher:University of New South Wales. Psychology |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | http://unsworks.unsw.edu.au/copyright, http://unsworks.unsw.edu.au/copyright |
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