Jury decision making research: are researchers focusing on the mouse and not the elephant in the room?

The concerns of jury research have extensively focused on subject selection, yet larger issues loom. We argue that observed differences between students and non-students in mock juror studies are inconsistent at best, and that researchers are ignoring the more important issue of jury deliberation. We contend that the lack of information on deliberating jurors and/or juries is a much greater threat to ecological validity and that some of our basic findings and conclusions in the literature today might be different if we had used juries, not non-deliberating jurors, as the unit of measure. Finally, we come full circle in our review and explore whether the debate about college and community samples might be more relevant to deliberating versus non-deliberating jurors.

Town vs. gown: a direct comparison of community residents and student mock jurors.

The use of students as mock jurors in the majority of legal psychology studies on jury behavior has been criticized (e.g., Bray & Kerr, 1979; Diamond, 1997). This study examined the degree to which student mock jurors' decisions were generalizable to those of real jurors. The participants of the study included 297 jury-eligible university students and 297 volunteers from the venire in the same community as that in which the students resided. All participants viewed one of six versions of a videotaped criminal trial. The defendant testified in English or in Spanish. In addition, the race of defendant was varied. Three bilingual individuals served as defendants with one appearing to be of northern European origin, one of Latino background, and one of African origin. Dependent variables included verdict and, for those who found the defendant guilty, the number of years to which he should be sentenced, and whether he should be fined. Student mock jurors differed reliably from their community counterparts on several demographic characteristics. However, the two groups had mixed results in relation to decision-making tasks. There was no difference in individual verdict preferences, but the students' sentence recommendations were more punitive. These results are interpreted in the context of the generalizability of mock juror studies.

Effects of an alibi witness's relationship to the defendant on mock jurors' judgments.

Two studies tested the impact of an alibi witness's relationship to a defendant on the perceived credibility of that witness. In the first study, 291 mock jurors estimated the frequency with which individuals would invent alibis, the frequency they themselves would do so, and the frequency of interpersonal contact among individuals of varying relationships. The degree of relationship between an alibi witness and a defendant remained a predictor of witness credibility when contact frequency was controlled. In the second study, 512 mock jurors were randomly assigned to case scenarios. Skepticism toward witnesses who are biologically or affinally related to a defendant was greater than skepticism toward a socially linked witness. Both studies supported predications from kinship theory and reciprocal altruism.

Assessing measurement and predictive invariance of the Toronto Alexithymia Scale-20 in U.S. Anglo and U.S. Hispanic student samples.

We collected data from a predominately Anglo American student sample in the Southeastern United States and a predominately Hispanic student sample in the Southwestern United States. Along with an assessment of internal consistency reliability, we examined measurement invariance of the Toronto Alexithymia Scale-20 (TAS-20) using confirmatory factor analysis. We also assessed the predictive invariance of the TAS-20. Results indicate that 2 of the 3 TAS-20 subscales demonstrated satisfactory internal consistency reliability across samples. Items from the TAS-20 subscales demonstrated measurement invariance of the latent means. The relationship between 2 measures of emotional dysfunction and the TAS-20 also demonstrated slope and intercept invariance, indicating equivalent validity.

The assessment of factorial invariance in need for cognition using Hispanic and Anglo samples.

The Need for Cognition Scale-Short Form (NCS-SF; J. T. Cacioppo, R. E. Petty, & C. F. Kao, 1984) is a commonly administered measure in the behavioral sciences, but little research has assessed its applicability across cultures. A sample of undergraduates in the southeastern United States and a sample of undergraduates at a southwestern U.S. university completed the NCS-SE Hispanic respondents did not differ from Anglos in their mean NCS-SF scores. Confirmatory factor analysis revealed that factor parameter estimates and item intercepts were partially measurement invariant across samples.

Assessing the reliability and validity of the Bermond-Vorst Alexithymia Questionnaire among U.S. Anglo and U.S. Hispanic samples.

OBJECTIVE: The aim of this paper is to assess the psychometric properties of the Bermond-Vorst Alexithymia Questionnaire (BVAQ) in U.S. Anglo and U.S. Hispanic samples of college students. METHOD: One hundred ninety-four U.S. Hispanics and 304 U.S. Anglos participated in the study. In addition to completing the BVAQ, participants completed the 20-item Toronto Alexithymia Scale (TAS-20), the Beck Depression Inventory (BDI), and the Eysenck Neuroticism Scale (ENS). RESULTS: BVAQ and TAS-20 subscales were correlated across groups. While the identifying and verbalizing composites of the BVAQ subscales were predictive of neuroticism and depression across groups in the expected direction, the fantasizing subscale of the BVAQ was negatively predictive of depression and neuroticism across groups. CONCLUSION: Given the unexpected findings associated with some of the BVAQ subscales, future research should explore the dimensionality of alexithymia.

The factor structure of the Need for Cognition Short Form in a Hispanic sample.

The authors conducted a series of studies to validate the factor structure of the English version of the Need for Cognition-Short Form (NFC-SF; J. T. Cacioppo, R. E. Petty, & C. F. Kao, 1984) in a U.S. Hispanic sample. Study 1 is an exploration of the factor structure in 238 Hispanic and relationships between gender and acculturation. Analyses in Study 2 confirmed the factor structure from the sample in Study 1 in a group of 185 U.S. Hispanics. Results indicated that the English version of the NCS-SF has a one-factor structure and is reliable for use with U.S. Hispanics.

The Bermond-Vorst Alexithymia Questionnaire: a measurement invariance examination among U.S. Anglos and U.S. Hispanics.

The aim of this article is to assess the measurement invariance of the Bermond-Vorst Alexithymia Questionnaire (BVAQ) in U.S. Anglo (n = 490) and U.S. Hispanic ( n = 379) samples of college students. The BVAQ items demonstrated invariance of the factor loadings, the latent item intercepts, and unique factor variances. However, Hispanics had higher verbalizing scores and lower fantasizing scores on the latent variables. As a whole, the BVAQ requires additional testing and/or refinement for use with a Hispanic sample. Until such refinements, the authors recommend that the Toronto Alexithymia Scale-20 be used with U.S. Hispanic samples.

The impact on juror verdicts of judicial instruction to disregard inadmissible evidence: a meta-analysis.

The effect on juror verdicts of judicial instructions to disregard inadmissible evidence was evaluated using meta-analysis. One hundred seventy-five hypothesis tests from 48 studies with a combined 8,474 participants were examined. Results revealed that inadmissible evidence (IE) has a reliable effect on verdicts consistent with the content of the IE. Judicial instruction to ignore the inadmissible evidence does not effectively eliminate IE impact. However, if judges provide a rationale for a ruling of inadmissibility, juror compliance may be increased. Contested evidence ruled admissible accentuates that information, resulting in a significant impact on verdicts. Suggestions for how the courts may mitigate the impact of inadmissible evidence more effectively are discussed.

Crime victims serving as jurors: is there bias present?

This project examined the decisions of 2435 mock jurors of whom 984 reported being a victim of some type of crime and 982 reported knowing a close friend or relative who had been a victim. Participants watched a videotape of a trial of a burglary of a habitation and were asked to give individual verdicts. Results indicated that jurors who identified themselves as victims of the same crime convicted significantly more frequently than those who had not been victims. Victims of violent crimes (a type of crime dissimilar to that for which the defendant was on trial) were not more likely to convict than were non-victims. Implications of this research are discussed.