SOCIAL PSYCHOLOGY AND THE LAW “It was…the cat! No, the woman!, Heck, it could have been any one of them.” OVERVIEW ◆ Eyewitness Testimony  What we see ◆ Defendant Characteristics  Attractiveness  Similarity ◆ The Judge  “Strike that” ◆ The Jury EYEWITNESS TESTIMONY ◆ Power of Persuasive Eyewitnesses  Seeing is believing ⚫ Whether credible or not ⚫ We cannot tell a good eyewitness ◆ Seeing is not Always 20/20  Misidentification  Confidence THE USUAL SUSPECTS Suspected of robbing, vandalism and participating in a rebellion with the intent to commit egregious bodily harm THE USUAL SUSPECTS Suspected of robbing, vandalism and participating in a rebellion with the intent to commit egregious bodily harm Suspect A Suspect B WHO DID IT? A. Suspect A B. Suspect B EYEWITNESS TESTIMONY ◆ Power of Persuasive Eyewitnesses  Seeing is believing ⚫ Whether credible or not ⚫ We cannot tell a good eyewitness ◆ Seeing is not Always 20/20  Misidentification  Confidence  Subtle variations EYEWITNESS TESTIMONY ◆ Eyewitness Feedback ◆ Reducing Error  Train police interviewers  Minimize false lineup identifications  Educate jurors DEFENDANT CHARACTERISTICS ◆ Physical Attractiveness / Appearance Suspect A Suspect B DEFENDANT CHARACTERISTICS ◆ Physical Attractiveness / Appearance Suspect A Suspect B Which one is suspected of counterfeiting and embezzlement? WHO DID IT? A. Suspect A B. Suspect B BAIL RATES 1400 Serious Moderate Minor 1200 1000 800 600 400 200 0 1 Unattractive 2 3 4 5 Attractive BAIL RATES 1400 Serious Moderate Minor 1200 1000 800 600 400 200 0 1 Unattractive 2 3 4 5 Attractive BAIL RATES 1400 Serious Moderate Minor 1200 1000 800 600 400 200 0 1 Unattractive 2 3 4 5 Attractive BAIL RATES 1400 Serious Moderate Minor 1200 1000 800 600 400 200 0 1 Unattractive 2 3 4 5 Attractive DEFENDANT CHARACTERISTICS ◆ Physical Attractiveness ◆ Similarity to the Jurors (Beliefs)  Same political affiliation  When speak the same language  Race / gender and type of crime  Identification = sympathy THE JUDGE ◆ Inadmissible Evidence  Once it is said, hard to ignore  Creates reactance  Especially when highly emotional ◆ Pre-Trial Publicity  Deny an effect, but still influenced  Videotaped (edited) versus live (unedited) THE JURY ◆ We like Stories (Narratives) ◆ Understanding Instructions  Statistical information  Increasing understanding ◆ Jury Selection  Science takes over  Evidence is still the best
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