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Contribution of psychology to the understanding of Judge and Jury Decisions

Introduction

There have been numerous applications of psychology in the courtroom. This scenario has become very common to the point that it is replacing religious witness evidence. However, it should be noted most of the time, there are cases in which psychology can not be appropriate. This is because the objectives of these two areas of psychology and specialty, ie criminal justice system. The criminal justice system is to feel sorry for those who have done wrong, while the field of psychology mainly focuses on the reasons actin behind the offender. When the criminal justice system pays too much attention to psychology, can lead to the excuse of the various issues and this will hurt to management accountability. (Vidmar, 1989, p1-8)

However, one should not undermine the role that psychology plays in the process of determining the real offender and the protection of victims. In this connection, there are certain factors to be taken into account when dealing with individuals and experts. Details of psychology in the courtroom and in other aspects of civil and penal system will be discussed in detail next.

Analysis of law as and psychology interact in the civil justice system and criminal

The psychological function of nonverbal communication in the justice system

No psychological factors that come into play when analyzing the criminal justice system and civil. The first thing to consider is communication. Communication is transmission of information. Can be divided into three main components. These are

• verbal communication
• vocal communication
• nonverbal communication

Verbal communication implies the use of oral or written formats to convey specific messages elsewhere. communication voice involves all aspects of acoustic communication, such as pitch, tone of voice, speech rate, intonation and inflection. In this communication, the focus remains on how the message is transmitted in place of the subject matter itself. Finally, there is no verbal communication, here, no examination of the visible elements, as personal appearance, facial behaviors, body orientation, posture, touch, gestures, eye contact, even eye movement. Audible is primary consideration in this form of communication.

Psychologists often say that the most influential media in the courtroom is a non-verbal. Others have argued that jurors in the case or the judges are faced with situations they encounter statements are in contradiction yes, then it is likely that jurors will be based on nonverbal forms of communication rather than the actual word spoken. It has been shown that jurors have been convinced for some forms of communication that are not as direct as the spoken word. So influential are these gestures, postures, etc., that some jurors to try the case for the defendant or the prosecutor, depending on which side produces the most attractive and positive nonverbal communication. (Pennington and Hsati, 1986, 242-258)

As a matter of fact, there are many lawyers who use this psychological aspect to influence the jury decisions. Inform their clients, witnesses, alleged offenders and victims about some of these tactics to win the hearts of jurors. For example, if the victim wishes to represent feelings of insecurity and lack of confidence in themselves, then it is likely to avoid eye contact. Some may be dropped from his shoulders and speaking softly. However, this can also work against them because such gestures can be interpreted as meaning that the individual does not believe in themselves. Sometimes, when lawyers want their customers seem influential and powerful, they can advice to use expansive gestures. This is because such gestures do customers normally occupy given more space and therefore seems more powerful. (Pennington and Hsati, 1986, 242-258)

It should be noted that non-verbal communication also applies to major members across the bank. During jury selection, there are some indications that may be a jury member for staffing. The lawyers have been aware some of these characteristics. For example, jurors who do not do eye contact are often less likely to pay attention in legal proceedings or as probably can not focus on the details. Psychologists have been quick asset that not all these signs are accurate and should not be interpreted on their own. Psychologists say that when the lawyers want to include non-verbal communication as an element in the jury selection process, to be viewed in the broader context of other theories psychological. This is something that should be done with the help of experts in this field in particular. It should also be noted that when lawyers want to make this form of communication work for them, should conduct mock trials at which to read the signs described by neutral and then applied when your coach witnesses, defendants or victims.

One may conclude that nonverbal communication is something that can be used by lawyers to manipulate the jury to prejudice. Lawyers are usually linked by law to defend their clients with enthusiasm. Therefore, you must use all methods at its disposal to defend their clients. Therefore, some lawyers path may even hire scientists to conduct train their clients in case of non-verbal communication methods. The reason why this method Coaching can work for them is due to the victims and defendants, offenders are more likely to go to a specialist to pay attention to your own lawyer. For usually realize the seriousness of the case after seeing a psychologist has been hired specifically for the purpose of training them in their conduct in court. For So they will listen to every word that psychologists will tell them and court practice. It could not have been seen if it was only their lawyer that they advised about their behavior in the courtroom. (Ellsworth, 1989, P205-224)

The use of nonverbal communication or tactics to attract members jury is not something that raises many ethical implications for the trial attorney. Ethical considerations especially apply to forensic psychologists hired in the trial. This is that the forensic psychologist safety instructions that control how they behave when giving expert testimony. However, this is something which remains, in today's debate. Psychologists have not fully exploited the area of consultation behavior. Some have argued that there is nothing wrong with the participation of psychologists in the process of jury selection. The jury generally favors the prosecution, which thereafter would be prudent for lawyers way to bring additional items help tip cuttings. However, there are some who believe that psychologists participating in the trial will affect how the jury will be neutral.

The psychological function of race in the civil justice system and criminal

In the UK, most jurors are normally involved in conducting criminal rather than civil cases. It should be noted that jurors are randomly selected. This is in line with legal requirements for the process. This in can sometimes lead to a jury that has a higher percentage of black or white. This eventually could affect their decisions, a fact that has been debated and challenged in court the United Kingdom ever since the 1980's.

However, some people have argued that race is not a problem that can bias jurors 'decisions' in court. In Bansal et al v R [1985] Crim. LR 151, was a defendant who claimed that the jury would be biased towards him because all were of a different race. However, determined that this should not be a factor to be considered during the jury selection process, as this has an influence on the degree of randomness of the electoral process. In another case, R v Smith, the defendant had been accused of assaulting a white victim. At the same time, the jury selection process resulted in the formation of a jury had only white members. The defendant contends that these members are biased towards him and he therefore requested the case. This request how There are certain preconceptions that may exist based on race. (Gordon, 1990, 971-983)

In the European Convention on Human Rights, Article 6, there a strict requirement that all defendants are entitled to a fair trial. This article was applied in the case of v Saer UK. Here, one of the jurors made racist statements on the defense during the trial. A complaint was filed to dismiss the juror, but the judge in question ruled in favor of the jury. When the Court Speaking Europe, it was found that the judge had violated Article 6, as he was denying the defendant the right to a fair trill. The European Court requires that all jurors should be seen as objective in the case management process, something that was clearly lacking in this particular case.

One can conclude that the main psychological factor comes into play during the evaluation process, especially among members of the jury is prejudiced against ethnic minorities. Some jurors may have the preconceived idea that certain ethnic groups are more likely to commit crimes than others, and may conclude prematurely that they are guilty without taking into account all the evidence before them. This psychological factor arose as early as the thirteenth century ions. At that time, it was necessary to defend Jews offenders against prejudice. This necessitated the idea of a hung jury, where half the jurors had a Jewish origin. This is especially relevant in nineteenth century, where other ethnic minorities were incorporated into the issue of ethnic minorities. It should also be noted that most of these biases can arise when cases to trial deals with issues related to race. Research in the U.S. by Gordon (1990, p 81) on this topic shows that there is more potential for bias when black jurors dominated the bank instead of white juror. This is because they tended to have preconceived ideas about the real defendant.

Gordon (1990, p. 81) found that judges or juries tend to stereotype trends. He stated that some offenders would affected by demographic characteristics and that the trial did not tend to favor depending on the type of background they had. For example, if a white person has been charged fraud, then it is likely that most jurors have a bias against them and decide whether they are guilty of the crime. Similarly, most members the jury decided against the defendant, if a person was black and had been accused of committing armed robbery. Too much, however, found that jurors black tends to be less sympathetic to criminals and apparently given severe penalties, even when the crime did not fit into that particular crime.

The psychological factors relevant to each stage of the criminal justice system for victims, witnesses and suspected offenders

Before trial

There are certain psychological factors that come into play during the consideration of the victim before being taken into the trial. One of the factors pre-trial to keep in mind is the emotional damage that occurs to victims during awaiting trial. Sometimes the anxiety created before the track could affect the way they present their case to court. It may be possible to find that some victims, especially young ones, tend to be scared and decide not to reveal all the information needed to convict criminals of their crimes.

On the way

During the trial itself, there are many psychological factors that come into play at that time. For example, if a certain case is being tried by a jury, judges are still relevant to to control the judicial process. There are certain psychological factors that come into play in these trials. Blanck, Rosenthal and Cordell (1985, p. 82) asserts that if a judge is biased that may change the final outcome of the trial. It will add that its influence is usually not directly, but is manifest in less obvious ways. Claim that expectations of judges for certain routes usually make predicting the outcome will, therefore, will affect the way we go about managing the track and what the jury decided at the end of the test.

It was found that judges sometimes certain to develop a bias if the defendant happens to have previous criminal records. judges (in white and other, P92, 1985) may take place in such a way so that the defendant will have difficulty defending their case. Similarly, the defendants also are at a disadvantage in cases of appeal. This is because reading the reports at that time normally do not contain information on specific gestures or signs that could have caused a bias in the court. All the appeals court will have in their favor are written words that may not necessarily give the true picture of the whole the process.

Ellsworth (1989) conducted an investigation into the effectiveness of the jury in the civil justice system and criminal law. Found that jurors is really effective because there is some psychology of group that comes into play when there are many numbers that are needed to reach a decision about something. He stated that such large numbers tend to be more objective and tend to have higher chances of reaching the fairest decision. Moreover, there are certain cases where psychological factors in group psychology negatively influence the jury as a forward oput by Vidmar (1989). This is because he believes that at times some members of jury may have more experience in dealing with certain types of cases. However, due to group psychology, it is often seen that expert opinions are reported of the box. Note that this will make the jury less competent.

Vidmar (1989 continues to argue that there is little evidence to show that if an individual to conduct the trial in place of many, that is, a judge instead of a jury, most often to the same conclusions are made. A review of 3,000 research cases found that about seventy-eight percent of the decisions taken by the group T was similar to that made by individuals.

Test Post

Vidmar (1989) states that the remaining twenty-nine per cent tended to favor defendants rather than prosecutors. The psychology of group, there is a tendency to goodwill. So most of the jurors felt that it would be better if you let someone who was guilty of a crime in freedom instead of placing a innocent man behind bars.

It is also essential to understand the psychology behind the decisions made by jurors in trials have been completed. Pennington and Hsati (1986) found that most of the time, jurors make their decisions based on the establishment of a story that suits their particular situation. In general, try to make corrections within the stories through this approach. Most times, there may be missng links, jurors often set up stories to fill those gaps. The stories are re related to the fact that the actions are cause and effect. Ellsworth (1989, P223) found that as jurors continue deliberating the case, eliminate the facts that may seem irrelevant or may decide to eliminate all the scenarios that seem illogical and irrational.

Reskin and Fisher (1986) found that most of the time, does not apply to community standards and values in making decisions. Most of the time jurors understand the importance of the law, but do not fully understand. But part of why the Constitution permitted by the laws of the jury system is such that criminal justice to try to balance between the rules of law and the community. Jurors usually a mixture of the evidence before them community values.

Tanford Penrod and (1986) highlights the fundamental questions regarding the voting process made by juries and psychological factors that come into play. First, is extremely difficult to determine whether or not a jury verdict to decide on certain then create a story around him or otherwise. If they choose otherwise, then it is likely that there will be any bias in making final decisions. MacCoun (1989) showed that about ninety-five percent of all cases tried by jury, the outcome depended on the initial vote held at the beginning of deliberations. This highlights the important issue of conformity pressure. Most jurors prefer not to derail the process of deliberation, giving opinions contrary to the norm. Conformity pressure is very influential even though there may be evidence that is supposed to influence the decisions of the jury to the opposite side. This severely affects the level of equity in a system and comes in the form administration of justice.

Another psychological factor that affects the jury and therefore the lives of potential offenders is the appeal of the defendant. Darby and Jeffers (2000, p67) found that in cases where the defendant was seen as attractive, juries tend to see them as people who can be trusted and who are happy with their lives, were more likely to be given a 'not guilty' verdict. However, this was affected by the appeal of the jury. When jurors were not attractive and they were handling cases where the defendants themselves are not attractive, then it is likely that they would go because they are perceived as like them. That is, they both have common characteristics. On the other hand, if a juror is a defendant to appeal and were unattractive, would moderate dictating sentences to them. Moreover, it was found that offenders who had been neutral seems worthy of severe punishment. (Downs and Lyon, 1991)

Wiener, Habert Staebler and Shkordriani (1991) found that there were certain preconceptions that affected the fate of offenders within the court room. For example, when a juror had been working with a particular judge for a very long time, most likely they do not consider their instructions during its deliberations much as would if this was the first time that it was the judge. Also by the same authors found that juries that are experienced as very severe penalties. Psychologists say that this could be because they no longer have the belief that one is always innocent until proven guilty. Another factor that could influence their making the offender and to the victim could be the fact that prosecutors represent the state appear more likely than defense lawyers. This means that members of the jury rule in favor of the prosecution, as they have learned to trust them. Due to the holding of these beliefs, as jurors is likely to pass judgments that are biased.

To address some of these biases, some countries have chosen to blindfold the jury. This would The jurors in particular blind to some of the visual elements that create prejudice.

Current perspectives and views on Legal decagons based decision contested / incomplete data regarding the law and psychology and conclusions

Because the law does not allow conducting research during jury deliberations can be difficult to obtain precise data on psychological factors affecting their decisions. However, analysts have gone from this deficiency otherwise. For example, one can create a mock trial in which the factors to be determined and evaluated. On the other hand, may also be possible to reach conclusions on the issue they want to decide. artificial conditions of judges are very useful in the process of understanding the processes jury deliberation.

Gakuen (2004) conducted a research on the determinants of decision making within groups. He did through the use of experimentation. He created a group that included members of high status and its low status. It was found that, contrary to popular belief, the senior members really influenced the jury's decision to influence mock despite increasing the number of low-level members. This represents clearly as members of the group was dropped. The analysis includes the use of group numbers ranging from five, four and three. The senior members were very influential, though not before a further increase in the number of low-level members. This experiment was carried out through social analysis system decision.

The role and limitations of expert testimony

Expert testimony is usually given when the person in question is possess sufficient knowledge and skill in a particular field of expertise. It is, however, should be noted that not everyone with these qualities can be allowed to give testimony. Besides having qualities thwse must also possess the qualities given by the Federal Rules of Civil Procedure Rule 702. Some of the qualities that are;

• education
• training
• ability
• experience
• knowledge
• etc.

(Tanford and Penrod, 1986, P322-347)

All these must be found to be relevant to the specific case under review. Must have the ability to apply their experience in the process of scientific research related to the matter under consideration. Besides this, the evidence presented by the expert must be based on research. Even how the evidence collected should be based on science or should be done with methods that are scientifically acceptable. Usually these experts are used in the process determination of some clinical cases. A good example is the evaluation of the response of parents to children after adoption experts can be hired to evaluate whether or not certain witnesses are able to understand the complexities involved in the case and whether the evidence offered may be invoked. It should be noted that experts not limited to psychologists. There are other types like doctors.

Some of the limitations that have been presented expert testimony is the cat to be limit their comments to the knowledge acquired during their professional service. This is something that can not be adhered to by some experts. Some tend to give information not may be related to their profession. In addition to this new supposed to give expert evidence has been collected through the use of tools that are appropriate to the situation being treated. These are some of the ethical considerations that affect how psychologists go about their business.

It should be noted that there are certain Where the experts, especially psychologists, can provide evidence that is not based on scientific validation. There are many theories out there that can be used in the process of determining the diagnosis and treatment. There is also scientific information to be given explanations about these treatments. Some psychologists almost waive the right to scientific explanation of the chosen theories. One example is through the testimony syndrome. This type of testimony has been exposed to a lot inefficiencies in the legal system, especially in giving expert testimony. (Darby and Jeffers, 2000, p 67)

Another limitation that exists in the question the testimony is the accessibility of the draft reports by the other party. The law provides that an opposition party can not ask for draft reports by experts in the process of preparing a case for their side. This is to protect the witness. Another limitation is that when there happens to be some form of communication between lawyer and expert, then this communication is not dealt with except in very special circumstances. Another limitation that exists for the examination of an expert. The opposing party is allowed to examine all relevant facts that the expert used during the process. Besides this, there could be an assessment of whether or not the expert considers all alternatives available.

Recommendations

Psychology in the pre-trial may be witnessed before a witness complies with certain jury. If a witness becomes the victim, then possibility they may develop anxiety about the court and may decide to omit certain crucial information to testify. It is therefore advisable to minimize waiting periods before witnesses can testify otherwise psychological factors can come into play and prevent the administration of justice.

During the trial, there may be possibilities of bias that come into play as a result of non-verbal forms of communication. The best way to deal with this could be through blindfolding the jury in cases that seem particularly susceptible to racial or other prejudices visual.

Another issue that may result in the trial process is the testimony of experts. There are certain limitations that may occur. The best way to ensure the best application of expert evidence is by ensuring that the best instrumentation is used and the collection and analysis of the evidence presented is scientific. Ethical considerations must be respected, especially when dealing with issues of psychologists as expert opinion. However much attention be given to psychological factors as causal can not be relevant to the case.

Conclusion

Psychology has gained wide application in the courtroom scene to the point that it is replacing religious consultations. Some lawyers are normally applied psychology the preparation of its witnesses, victims, and even criminals. This is seen as a form of manipulation by some, but my opinion is that there is nothing wrong with that and that lawyers must protect their customers.

There are numerous psychological factors that must be considered during the evaluation process. Sometimes judges can have racial prejudice, sometimes can be influenced by a lot of experience and more knowledge of the times and others who are affected by the pressure of conformity. (Diamond et al, 1989, p 246-267)

The use of expert opinion is also very instrumental in the criminal justice system and civil. There are certain psychological opinions that may be relevant to the case or not being obtained in a scientific manner. It is therefore necessary to ensure that this first set before and up experts the stand.

Reference:

Blanck, PD, Rosenthal, R., and Cordell, LH (1985): The appearance of justice: the behavior judges' verbal and nonverbal in criminal jury trials, Stanford Law Review, 38, 89-151.

Darby, BW, and Jeffers, DJ (2000): The effects of the defendant and Simulation appeal decisions of the jury trial courtroom. Society for Personality Research, p 67

Diamond, SS, Casper, JD, and Ostergren, L. (1989): blindfolding the jury, Law and Contemporary Problems, 52, 246-267

Downs, AC, and Lyon, PM (1991): natural observations the links between attraction and initial judgments, PSPB, 17, 541-547

Ellsworth, PC (1989): Are twelve heads better than one? Law and Contemporary Problems, 52, 205-224

Gordon, RA (1990): Powers of blue-collar crime and white collar: the effects of subject and defendant race in mock jury decisions, Journal of Applied Social Psychology, 20, 971-983

Himelein, MJ, MT Nietzel and Dillehay, RC (1991): Effects of experience the jury before sentencing jury, Behavioral Sciences and Law, 9, 97 to 106

MacCoun, RJ (1989): Experimental research on decision jury's decision. Science, 244, 1046-1049

Pennington, N., & Hastie, R. (1986): Evaluation of evidence in making complex decisions, Journal Personality and Social Psychology, 51, 242-258.

Reskin, BF, and Visher, CA (1986): The impacts of evidence and judicial factors in decisions juries ", Law and Society Review, 20, 423-438

Tanford, S., and Penrod, S. (1986): Jury deliberations: the contents of the processes discussion and influence the jury's decision-making, Journal of Applied Social Psychology, 16, 322-347

Vidmar, NJ (1989): Research empirical and the question of the competence of the jury, Law and Contemporary Problems, 52, 1-8

Wiener, RL, Habert, K., Shkodriani, G., and Staebler, C. (1991): The social psychology of jury nullification: the prediction that jurors disobey the law, Journal of Applied Social Psychology, 21, 1379-1401

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