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The Effects of Expert Testimony about Eyewitness Memory on Jury Decision Making

Korean Journal of Social and Personality Psychology / Korean Journal of Social and Personality Psychology, (P)1229-0653;
2008, v.22 no.3, pp.33-47
https://doi.org/10.21193/kjspp.2008.22.3.003


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Abstract

This study attempted to test the effects of expert testimony about eyewitness memory on juror decision making. Three experiments were carried out. In all studies participants were shown a part of mock jury trial video which was recorded on August 26, 2004 and run by the Presidential Commission on Judicial Reform. The purpose of study 1 was to study the effect of expert testimony about eyewitness memory on juror decision making. In the study 1, 45 students were randomly assigned to one of three experimental conditions (no expert, defence-only expert, prosecuting attorney-only expert). Results of study 1 showed that participants in the prosecuting attorney-only expert condition were more likely to believe the eyewitness and gave the defendant higher guilty ratings than those in no expert condition.. Participants in the defense-only expert condition were less likely to gave the defendant higher innocence ratings than those in the no expert condition. But there was no significant difference in eyewitness credibility ratings. Study 2 was designed to examine the effect of cross-examination about expert testimony on juror decision making. 60 students were randomly assigned to one of 2 (strength of cross-examination:weak vs. strong) ×2 (expert testimony:defense-only expert vs. prosecuting attorney-only expert) experimental conditions. As a result, Jurors in the strong cross-examination condition about defense-only expert were more likely to believe eyewitness and gave the defendant higher guilty ratings than the weak cross-examination condition. Study 3 was to examine the effects of cross-examination when prosecution and defense both call for expert witnesses on jury decision making. 60 students participated in study 3. There was no significant difference among experimental conditions in guilty or innocent ratings about the defendant and in eyewitness credibility ratings.

keywords
전문가 증인, 반대신문, 피고인에 대한 배심원의 유, 무죄 판단, 목격자 신뢰도, 전문가 증인 신뢰도, Expert testimony, cross-examination, juror decision making, eyewitness credibility, expert witness credibility

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Korean Journal of Social and Personality Psychology