teaching legal psychology as an application of social psychology

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Teaching legal psychology Teaching legal psychology as an application of social as an application of social psychology psychology Michel Sabourin, Ph.D. Michel Sabourin, Ph.D. Dept. of Psychology Dept. of Psychology University of Montreal, University of Montreal, CANADA CANADA

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Teaching legal psychology as an application of social psychology. Michel Sabourin, Ph.D . Dept . of Psychology University of Montreal , CANADA. OUTLINE. Introduction (1) Applying social psychology Trial consultation Jury selection Pretrial attitudes and biases - PowerPoint PPT Presentation

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Page 1: Teaching legal psychology as an application of social psychology

Teaching legal psychology Teaching legal psychology as an application of social as an application of social

psychologypsychology

Michel Sabourin, Ph.D.Michel Sabourin, Ph.D.

Dept. of PsychologyDept. of Psychology

University of Montreal, University of Montreal, CANADACANADA

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OUTLINEOUTLINE

IntroductionIntroduction

(1) Applying social psychology(1) Applying social psychology Trial consultationTrial consultation Jury selectionJury selection Pretrial attitudes and biasesPretrial attitudes and biases Credibility asessmentCredibility asessment Eyewitness testimonyEyewitness testimony

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OUTLINEOUTLINE (cont’d)(cont’d)

Pretrial publicityPretrial publicity Jury deliberationJury deliberation Psychological expertisePsychological expertise

(2) Experiential learning(2) Experiential learning

ConclusionConclusion

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IntroductionIntroduction

During the past twenty years, I have During the past twenty years, I have been teaching undergraduate classes been teaching undergraduate classes and graduate seminars in legal and graduate seminars in legal psychology, assuming as well the psychology, assuming as well the training and supervision of graduate training and supervision of graduate students both in research projects students both in research projects and in the numerous applications of and in the numerous applications of psychology to the legal field .psychology to the legal field .

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IntroductionIntroduction

Two major influences on the core Two major influences on the core curriculum of my lectures and on the curriculum of my lectures and on the delivery method:delivery method:

(1) the idea developped by Sharon Brehm (1) the idea developped by Sharon Brehm and Saul Kassin (in their Social Psychology and Saul Kassin (in their Social Psychology textbook) that legal psychology is one of textbook) that legal psychology is one of the direct applications of social psychologythe direct applications of social psychology

(2) the need to rely on experiential (2) the need to rely on experiential activities to promote learningactivities to promote learning

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Applying Social PsychologyApplying Social Psychology

Theories and research findings of social Theories and research findings of social psychology allow us to increase our psychology allow us to increase our understanding of settings and problems understanding of settings and problems of the real worldof the real world

According to Brehm & Kassin (1990 and According to Brehm & Kassin (1990 and the following editions), three major the following editions), three major aplied areas to social psychology: LAW, aplied areas to social psychology: LAW, BUSINESS and HEALTHBUSINESS and HEALTH

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Applying social psychologyApplying social psychology The applications to law include areas, like The applications to law include areas, like

(1) (1) trial consultation, (2)trial consultation, (2) jury selectionjury selection, (3) , (3) pretrial attitudes and biasespretrial attitudes and biases, (4), (4)credibility credibility assessmentassessment, (5), (5)eyewitness testimonyeyewitness testimony, , (6)(6)pretrial publicitypretrial publicity, (7) , (7) thethe jury jury deliberation process deliberation process and (8) and (8) psychological expertisepsychological expertise

Each of these areas is linked with specific Each of these areas is linked with specific theories and research findings in social theories and research findings in social psychology that students must review psychology that students must review

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Applying social psychologyApplying social psychology

The The trialtrial itself illustrates the profound itself illustrates the profound importance of social psychology at importance of social psychology at work in the legal systemwork in the legal system What kinds of people do lawyers select as What kinds of people do lawyers select as

jurors and why ?jurors and why ? Can eyewitness accurately recall the Can eyewitness accurately recall the

details of traumatic events ?details of traumatic events ? How do juries manage to reach How do juries manage to reach

unanimous decisions, often afer days of unanimous decisions, often afer days of deliberation ?deliberation ?

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(1) Trial consultation(1) Trial consultation

This involves assisting the attorney This involves assisting the attorney (in criminal cases, the defence (in criminal cases, the defence lawyer) in the different aspects of lawyer) in the different aspects of trial preparation, like, for example, trial preparation, like, for example, evaluation of the evidence and its evaluation of the evidence and its presentation strategy, preparation of presentation strategy, preparation of the opening statements and closing the opening statements and closing arguments, witness preparation and arguments, witness preparation and order of appearance, etc…order of appearance, etc…

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(1) Trial consultation (1) Trial consultation (cont’d)(cont’d)

These different areas link with the These different areas link with the following social psychology sub-areas :following social psychology sub-areas : Persuasion :social influences on attitudePersuasion :social influences on attitude

How attitudes are measuredHow attitudes are measured The link between attitudes and behaviorThe link between attitudes and behavior Methods of changing attitudesMethods of changing attitudes

Persuasion by means of communicationPersuasion by means of communication Two routes to persuasionTwo routes to persuasion The source, the message and the audienceThe source, the message and the audience

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(1) Trial consultation (1) Trial consultation (cont’d)(cont’d)

Persuasion by our own actionsPersuasion by our own actions Role playingRole playing Cognitive dissonance theoryCognitive dissonance theory Alternative routes to self-persuasionAlternative routes to self-persuasion

Most important for the student Most important for the student to master these basic areas to to master these basic areas to better understand and apply better understand and apply them to trial consultationthem to trial consultation

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(2) Jury selection(2) Jury selection

Three stage process =Three stage process = (1) Pool of eligible citizens(1) Pool of eligible citizens (2) Pretrial examination of prospective (2) Pretrial examination of prospective

jurorsjurors (3) Peremptory and for cause challenges(3) Peremptory and for cause challenges

What guides the decision to accept What guides the decision to accept certain jurors, while rejecting certain jurors, while rejecting others ? others ?

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(2) Jury selection (2) Jury selection (cont’d)(cont’d)

From a social psychology standpoint, jury From a social psychology standpoint, jury selection involves a good knowledge of:selection involves a good knowledge of: Stereotype formation: social categorization, Stereotype formation: social categorization,

outgroup homogeneity bias, illusory outgroup homogeneity bias, illusory correlations, subcategorization, contrast effectcorrelations, subcategorization, contrast effect

Implicit personality theoriesImplicit personality theories Impression formationImpression formation

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(2) Jury selection (2) Jury selection (cont’d)(cont’d)

Prejudice: individual differences, Prejudice: individual differences, authoritarian personnalityauthoritarian personnality

Trait differences : implicit Trait differences : implicit personality theories and the power personality theories and the power of first impressionsof first impressions

Confirmation biasConfirmation bias Research methods (observation, Research methods (observation,

self-reports, surveys, etc…) self-reports, surveys, etc…)

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(3) Pretrial attitudes and bias(3) Pretrial attitudes and bias

Systematic jury selectionSystematic jury selection: Finding valid and : Finding valid and objective indicators allowing the lawyer to objective indicators allowing the lawyer to identify individuals coming from the pool of identify individuals coming from the pool of potential jurors who will be favorable or potential jurors who will be favorable or neutral with respect to the theory of the neutral with respect to the theory of the client represented and to reject client represented and to reject unfavorable or biased individualsunfavorable or biased individuals

Verdict prediction Verdict prediction depends on the specific depends on the specific issues and details of a particular caseissues and details of a particular case

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(3) Pretrial attitudes and bias (3) Pretrial attitudes and bias (cont’d)(cont’d)

Scientific jury selection involves Scientific jury selection involves knowledge of:knowledge of: Demographics and attitudes relevant Demographics and attitudes relevant

to trialto trial Confirmation bias and confirmatory Confirmation bias and confirmatory

hypothesis testinghypothesis testing Kohlberg’s stages of moral Kohlberg’s stages of moral

developmentdevelopment Research methodsResearch methods

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(4) Credibility assessment(4) Credibility assessment

Identification of the behaviors Identification of the behaviors (nonverbal, paralinguistic and verbal) (nonverbal, paralinguistic and verbal) allowing an evaluator (judge, police allowing an evaluator (judge, police officer, custom officer, etc…) to officer, custom officer, etc…) to distinguish between those telling the distinguish between those telling the truth and those lying (or deceiving)truth and those lying (or deceiving)

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(4) Credibiity assessment (4) Credibiity assessment (cont’d)(cont’d)

For a better understanding of this For a better understanding of this concept and its applications, the concept and its applications, the student should master :student should master : The link between attitudes and behaviorThe link between attitudes and behavior Persuasion by means of communicationPersuasion by means of communication Behavioral observation methods Behavioral observation methods Social psychophysiology: sympathetic Social psychophysiology: sympathetic

and parasympathetic reactionsand parasympathetic reactions Role of scripts and self-schemas Role of scripts and self-schemas

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(5) Eyewitness testimony (5) Eyewitness testimony

The testimony (or evidence) given by The testimony (or evidence) given by someone present during an event who someone present during an event who actually saw what happened and who is actually saw what happened and who is willing to testify in court to help the judge or willing to testify in court to help the judge or jury arrive at a decision . jury arrive at a decision .

General research conclusions = (1) General research conclusions = (1) eyewitnesses are imperfect, (2) many well eyewitnesses are imperfect, (2) many well known factors systematically affect their known factors systematically affect their performance, (3) judges and juries are usually performance, (3) judges and juries are usually unaware of these factors unaware of these factors

The main cause of wrongful convictionsThe main cause of wrongful convictions

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(5) Eyewitness testimony (5) Eyewitness testimony (cont’d)(cont’d)

Involves the knowledge of:Involves the knowledge of: The three stage process in memory: The three stage process in memory:

(1) (1) acquisitionacquisition: relation between arousal and : relation between arousal and performance (Yerkes-Dodson Law), cross-racial performance (Yerkes-Dodson Law), cross-racial identification biasidentification bias

(2) (2) storagestorage: theory of reconstructive memory: theory of reconstructive memory (3) (3) retrievalretrieval: line up construction, identification, : line up construction, identification,

instructionsinstructions Role of self-confidence and accuracyRole of self-confidence and accuracy Over-estimation of eyewitness accuracyOver-estimation of eyewitness accuracy

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(6) Pretrial publicity(6) Pretrial publicity

The more information the people have about The more information the people have about a case from the media, the more likely they a case from the media, the more likely they are to presume the defendant guiltyare to presume the defendant guilty

Does this information have an impact on Does this information have an impact on jury verdict ?jury verdict ?

Pretrial publicity can severely compromise a Pretrial publicity can severely compromise a defendant’s right to a fair trialdefendant’s right to a fair trial

The closest social psychology concept that The closest social psychology concept that helps better understand what’s going on is helps better understand what’s going on is the power of first impressionsthe power of first impressions

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(7) Jury deliberation (7) Jury deliberation

Group deliberation process designed Group deliberation process designed to produce a binary decision : guilty or to produce a binary decision : guilty or not guiltynot guilty

Involves a large number of social Involves a large number of social psychological concepts:psychological concepts: Group polarizationGroup polarization Conformity, Conformity, Majority influenceMajority influence Effect of group size, social change, leadership, Effect of group size, social change, leadership,

etc…etc…

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(8) Psychological expertise(8) Psychological expertise

Expert witnesses: individual who testify in Expert witnesses: individual who testify in court on technical matters related to their court on technical matters related to their expertiseexpertise

Psychologists are being asked with increasing Psychologists are being asked with increasing frequency to testify as expert witnesses frequency to testify as expert witnesses (mostly in custody cases, but also in areas (mostly in custody cases, but also in areas more familiar to the social psychologist, like more familiar to the social psychologist, like cameras in court, eyewitness testimony, cameras in court, eyewitness testimony, trademark litigation, etc… trademark litigation, etc…

What do we need to know about social What do we need to know about social psychology to become a better expert ?psychology to become a better expert ?

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(8) Psychological expertise(8) Psychological expertise

An overview of research methodsAn overview of research methods Ethics and values in social psychologyEthics and values in social psychology Again, social influence and persuasionAgain, social influence and persuasion The expert witness is allowed to voice The expert witness is allowed to voice

opinions (inference from observed opinions (inference from observed facts), to report hearsay, to speculate facts), to report hearsay, to speculate based on a recognized (even if not based on a recognized (even if not exact) scienceexact) science

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Promotion of learning through Promotion of learning through experiental activitiesexperiental activities

In each area that we have just looked at, I In each area that we have just looked at, I have, throughout the years, made special have, throughout the years, made special efforts to design learning activities related efforts to design learning activities related directly to the issues under scrutinydirectly to the issues under scrutiny

The idea was to supply undergraduates, The idea was to supply undergraduates, in some cases, and graduate students in in some cases, and graduate students in other occasions, with the chance to live other occasions, with the chance to live an experience that would provide them an experience that would provide them with a better comprehension of the with a better comprehension of the phenomenon phenomenon

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Trial consultation in real casesTrial consultation in real cases Since 1985, I have been involved as a Since 1985, I have been involved as a

consultant in over 30 jury (criminal) trials consultant in over 30 jury (criminal) trials in sometimes highly publicized casesin sometimes highly publicized cases

Each time, I would profit from the Each time, I would profit from the occasion to involve my graduate students occasion to involve my graduate students as assistants, either for the gathering of as assistants, either for the gathering of data and/or the discussions concerning data and/or the discussions concerning the specific issues of a particular case. the specific issues of a particular case. They would also be present during the They would also be present during the trial and the debriefings with the lawyertrial and the debriefings with the lawyer

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Trial consultation in real casesTrial consultation in real cases Various types of services can be offered Various types of services can be offered

to help lawyers with case preparation:to help lawyers with case preparation: Organization of a mock trial (from paper Organization of a mock trial (from paper

presentations to highly sophisticated presentations to highly sophisticated « trial » with actors in « real » courtrooms)« trial » with actors in « real » courtrooms)

Videotaping (and thorough reviewing) of Videotaping (and thorough reviewing) of opening statements and closing arguments opening statements and closing arguments in light of social psychology principles: Ex.: in light of social psychology principles: Ex.: primacy and recency effects, one or two-primacy and recency effects, one or two-sided arguments, etc… sided arguments, etc…

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Trial consultation in real casesTrial consultation in real cases

Goal of these procedures: (1) to test Goal of these procedures: (1) to test the reactions of lay persons to the the reactions of lay persons to the arguments that could be used and to arguments that could be used and to identify potential problems of identify potential problems of comprehension, (2) to gather comprehension, (2) to gather demographic information that can demographic information that can eventually be used for jury selectioneventually be used for jury selection

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Jury selectionJury selection

Using systematic jury selection Using systematic jury selection methodology, information is gathered methodology, information is gathered through the application of survey through the application of survey techniques or by using questionnaires techniques or by using questionnaires with mock jurors and/or results of with mock jurors and/or results of credibility assessments.credibility assessments.

Data collected allow us to define the Data collected allow us to define the favorable and unfavorable profiles of favorable and unfavorable profiles of potential jurorspotential jurors

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Jury selectionJury selection

In highly publicized cases, where In highly publicized cases, where prejudicial information has circulated, prejudicial information has circulated, data can also be provided by using the data can also be provided by using the public opinion poll methodologypublic opinion poll methodology

Graduate students are involved in the Graduate students are involved in the design of the questionnaire, the actual design of the questionnaire, the actual polling and the data analysis. Thus they polling and the data analysis. Thus they learn concretely how things are donelearn concretely how things are done

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Jury selectionJury selection

General scheme of a pretrial survey:General scheme of a pretrial survey: First, spontaneous recall, then First, spontaneous recall, then

recognition.recognition. Then specific questions concerning Then specific questions concerning

attitudes toward the arguments to be attitudes toward the arguments to be used by the defense and/or the used by the defense and/or the prosecutionprosecution

Judgment call on the degree of Judgment call on the degree of perceived guilt of the accused perceived guilt of the accused

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Jury selectionJury selection Measure of general attitude toward Measure of general attitude toward

certain issues, v.g. racial prejudicecertain issues, v.g. racial prejudice Finally, gathering of socio-demographic Finally, gathering of socio-demographic

datadata Through appropriate statistical analysis Through appropriate statistical analysis

(multiple regression), possible to (multiple regression), possible to establish the relation between different establish the relation between different variables and draw very precise profilesvariables and draw very precise profiles

Importance of proceeding in a Importance of proceeding in a systematic fashion for jury selection systematic fashion for jury selection using data gatheredusing data gathered

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Credibility assessmentCredibility assessment Important to know how the accused is Important to know how the accused is

perceived to enable attorney to decide perceived to enable attorney to decide if he/she will testify, since there is no if he/she will testify, since there is no obligation to do so.obligation to do so.

Also important to know the credibility of Also important to know the credibility of the major witnesses for the prosecutionthe major witnesses for the prosecution In Canada, obligation for the prosecution to In Canada, obligation for the prosecution to

demonstrate sufficient evidence to support demonstrate sufficient evidence to support the charges laid against the accused during the charges laid against the accused during a preliminary hearing.This information can a preliminary hearing.This information can be used for credibility assessment.be used for credibility assessment.

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Credibility assessmentCredibility assessment Also, a videotaped mock interrogation (with Also, a videotaped mock interrogation (with

a cross-examination by a mock prosecutor) a cross-examination by a mock prosecutor) of the accused can be evaluated for of the accused can be evaluated for credibility by a sample of lay personscredibility by a sample of lay persons

Test using Adjective Check List devised to Test using Adjective Check List devised to perform this evaluation both for the perform this evaluation both for the witness itself and his/her testimony ; witness itself and his/her testimony ; administered to large samples and results administered to large samples and results compiled. Again, graduate students are compiled. Again, graduate students are directly involved in data collectiondirectly involved in data collection

Decisions made are therefore based on Decisions made are therefore based on empirical dataempirical data

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Credibility assessmentCredibility assessment Same material used for credibility Same material used for credibility

assessment can be used to stage a mock assessment can be used to stage a mock trial with balanced presentation of the trial with balanced presentation of the evidence and mock jury deliberationsevidence and mock jury deliberations

Multiplied a certain number of times, these Multiplied a certain number of times, these mock trials provide useful empirical data mock trials provide useful empirical data that can be used for jury selectionthat can be used for jury selection

Also, in-depth viewing and analysis of the Also, in-depth viewing and analysis of the videotapes of the mock jury deliberations videotapes of the mock jury deliberations can be very useful to assess proper can be very useful to assess proper understanding of legal concepts involvedunderstanding of legal concepts involved

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Credibility assessmentCredibility assessment

For teaching purposes with students For teaching purposes with students (in psychology or in law school), as (in psychology or in law school), as well as for judges and custom officers, well as for judges and custom officers, an experiential workshop was an experiential workshop was designeddesigned First activityFirst activity: gathering information on : gathering information on

what indicators are spontaneously used what indicators are spontaneously used by the participants to identify truth tellers by the participants to identify truth tellers or liars. Degree of confidence of or liars. Degree of confidence of indicatorsindicators

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Credibility assessmentCredibility assessment

Second activitySecond activity: viewing the testimonies : viewing the testimonies (on video) of an alleged victim and an (on video) of an alleged victim and an alleged accused in a « university » case alleged accused in a « university » case seemingly involving sexual harassment. seemingly involving sexual harassment. Evaluation of the credibility of both and Evaluation of the credibility of both and listing of indicators used to arrive at listing of indicators used to arrive at conclusionconclusion

Third activity Third activity : evaluating the pertinence of : evaluating the pertinence of a list of 25 indicators to help identifying a list of 25 indicators to help identifying truth tellers or liars and noting their truth tellers or liars and noting their degree of confidence in these indicators. degree of confidence in these indicators.

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Credibility assessmentCredibility assessment Fourth activityFourth activity: Being given a 45-min. : Being given a 45-min.

lecture involving general notions of lecture involving general notions of credibility and research results concerning credibility and research results concerning the validity of a certain number of the validity of a certain number of indicators (all in previous list) to indicators (all in previous list) to distinguish between liars ans truth-tellers distinguish between liars ans truth-tellers

Fifth activityFifth activity: Results of third activity have : Results of third activity have been compiled and general results (means been compiled and general results (means of the group) are presented and discussed. of the group) are presented and discussed. Indications are given as to the most valid Indications are given as to the most valid indicators and those who are anecdoticindicators and those who are anecdotic

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Eyewitness testimonyEyewitness testimony

Two experiments have been designed to Two experiments have been designed to enable undergraduate students to better enable undergraduate students to better grasp the reality (and difficulties) grasp the reality (and difficulties) surrounding eyewitness testimonysurrounding eyewitness testimony (1) A confederate accomplice knocks and (1) A confederate accomplice knocks and

enters my classroom with a big problem: a enters my classroom with a big problem: a specific car is blocking his own and needs to specific car is blocking his own and needs to be immediately removed. It happens to be be immediately removed. It happens to be my car ; I lend him my keys with the promise my car ; I lend him my keys with the promise that they will be returned immediatelythat they will be returned immediately

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Eyewitness testimonyEyewitness testimony Doesn’t come back after 10 minutes. I call Doesn’t come back after 10 minutes. I call

for a pause to go see what has happened. for a pause to go see what has happened. Car is stolen. University security (other Car is stolen. University security (other accomplices) is called in, and since it’s too accomplices) is called in, and since it’s too long to interview everyone individually, long to interview everyone individually, they distribute a paper with various they distribute a paper with various questions for proper identification of questions for proper identification of culprit ; in order to follow up only the sure culprit ; in order to follow up only the sure indicators, students are asked to rate their indicators, students are asked to rate their degree of certainty concerning the various degree of certainty concerning the various elements of their report. elements of their report.

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Eyewitness testimonyEyewitness testimony

Once all students have completed the task, Once all students have completed the task, I inform them that the car theft is a hoax ! I inform them that the car theft is a hoax ! The « culprit » comes back into the room…The « culprit » comes back into the room…

Each one then compiles his own report, Each one then compiles his own report, noting number of correct and incorrect noting number of correct and incorrect items, as well as the degree of certainty for items, as well as the degree of certainty for each itemseach items

The experiment ends with a long The experiment ends with a long discussion of the difficulties surrounding discussion of the difficulties surrounding eyewitness identification… eyewitness identification…

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Eyewitness testimonyEyewitness testimony

(2) The (2) The second experimentsecond experiment is also is also presented as a true story. A Swedish presented as a true story. A Swedish colleague involved as a consultant to the colleague involved as a consultant to the prosecution has asked me to evaluate the prosecution has asked me to evaluate the construction and validity of a lineup made construction and validity of a lineup made by the Stockholm police during the inquiry by the Stockholm police during the inquiry surrounding the assasination of Prime surrounding the assasination of Prime Minister Olof Palme in 1986. (True)Reason: Minister Olof Palme in 1986. (True)Reason: the convicted murderer has appealed to the convicted murderer has appealed to the Swedish Supreme Court advocating the Swedish Supreme Court advocating that the video lineup was invalidthat the video lineup was invalid

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Eyewitness testimonyEyewitness testimony Student are asked to view the video of the Student are asked to view the video of the

lineup with twelve suspects and to identify lineup with twelve suspects and to identify who they think would be the culprit who they think would be the culprit

If the lineup is valid, each suspect has one If the lineup is valid, each suspect has one chance out of twelve to be chosen. If any chance out of twelve to be chosen. If any one suspect or suspects are chosen one suspect or suspects are chosen significantly more often than chance, and significantly more often than chance, and if the murderer is correctly identified, then if the murderer is correctly identified, then the video is not validthe video is not valid

Answers are compiled and there is Answers are compiled and there is discussion discussion

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Pretrial publicityPretrial publicity

Usually the main argument for asking Usually the main argument for asking for a change of venue and/or supporting for a change of venue and/or supporting the need to ask questions during the the need to ask questions during the voir dire (selection of jurors)voir dire (selection of jurors)

The large amount of prejudicial publicity The large amount of prejudicial publicity in the written articles or in media in the written articles or in media broadcasts is not sufficient to show broadcasts is not sufficient to show convincingly that a true prejudice existsconvincingly that a true prejudice exists

There must be a causal relationship There must be a causal relationship

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Pretrial publicityPretrial publicity Again, this factor is evaluated by means Again, this factor is evaluated by means

of public opinion polling with first, the of public opinion polling with first, the measurement of spontaneous recall, measurement of spontaneous recall, then that recognitionthen that recognition

The impact of the most prejudicial The impact of the most prejudicial informations that circulated is informations that circulated is evaluated evaluated

Graduate students participate in all Graduate students participate in all stages of questionnaire preparation, stages of questionnaire preparation, administration and data analysisadministration and data analysis

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Jury deliberation processJury deliberation process

Following the trial part (or after the Following the trial part (or after the presentation of evidence by the presentation of evidence by the prosecution and the defence and the prosecution and the defence and the closing arguments) of a mock trial, closing arguments) of a mock trial, the mock jurors are given the mock jurors are given instructions and asked to deliberate, instructions and asked to deliberate, as if for real, in a special room as if for real, in a special room equiped with video recordingequiped with video recording

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Jury deliberation processJury deliberation process

Viewing and analysis of these videos Viewing and analysis of these videos is very instructive for students (or for is very instructive for students (or for lawyers !) with regard to what is lawyers !) with regard to what is remembered from the evidence remembered from the evidence presented initially, what is used to presented initially, what is used to reach a verdict, what is clear, what is reach a verdict, what is clear, what is unclear, what is understood, what is unclear, what is understood, what is not understood, how legal concepts not understood, how legal concepts are interpreted or understood, etc…are interpreted or understood, etc…

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Jury deliberation processJury deliberation process Also, it gives information on how the Also, it gives information on how the

group structures itself and what degree group structures itself and what degree of polarization can be witnessedof polarization can be witnessed

Very instructive to look at the way siding Very instructive to look at the way siding develops and ultimately, how is develops and ultimately, how is consensus reachedconsensus reached

Observing for specific behaviors or Observing for specific behaviors or arguments (in terms of frequency and arguments (in terms of frequency and duration) is also very helpful to better duration) is also very helpful to better understand the deliberation process understand the deliberation process

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Psychological expertisePsychological expertise

Over the years, I have been involved Over the years, I have been involved as expert witness or consultant not as expert witness or consultant not only with criminal jury trials, but also in only with criminal jury trials, but also in various cases dealing with lie detection various cases dealing with lie detection in civil proceedings, the impact of in civil proceedings, the impact of cameras outside the courtroom and cameras outside the courtroom and presently, with the identification and presently, with the identification and control of vexatious litigants (at the control of vexatious litigants (at the request of the Chief Justice)request of the Chief Justice)

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Psychological expertisePsychological expertise

In most of these occasions, and In most of these occasions, and whenever possible, I have tried to whenever possible, I have tried to involve my graduate students in the involve my graduate students in the discussions surrounding those cases, discussions surrounding those cases, but also in the main activities deriving but also in the main activities deriving or required by the expertise. or required by the expertise.

In a way, it’s like supervising interns in In a way, it’s like supervising interns in the application of psychology to law the application of psychology to law

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ConclusionConclusion We strongly believe that relating We strongly believe that relating

concretely social psychological concretely social psychological concepts to the reality of the real concepts to the reality of the real world of law enables the students to world of law enables the students to better comprehend sometimes better comprehend sometimes difficult to grasp theoretical conceptsdifficult to grasp theoretical concepts

For doing so, involving personnally For doing so, involving personnally and experientially the learner surely and experientially the learner surely enhances significantly the learning enhances significantly the learning processprocess

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