Goffman on the jury: real jurors' attention to the "offstage" of trials.

Social psychologist Erving Goffman, in his classic work The Presentation of Self in Everyday Life, provides a framework that explains why jurors may turn their attention at the courthouse to information not formally presented from the witness stand. We dub this "offstage observation," a type of juror behavior that has not been systematically examined empirically. Analyzing a unique data source of 50 actual jury deliberations in civil trials, we find that jurors do look to the offstage in evaluating the claims of the parties. However, in contrast to predictions, these observations played a surprisingly minor role in the jury deliberation process.

Forensic bitemark identification: weak foundations, exaggerated claims.

Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification-highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications-highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.

The promise of a cognitive perspective on jury deliberation.

Despite much psychological research regarding jury decision making, surprisingly little is known about the deliberation process that gives rise to jury verdicts. We review classic jury decision-making research regarding the importance of deliberation and more recent research, investigating deliberation and hung juries, that challenges the view that deliberation does not have an important impact on verdicts. We advocate greater attention to potential cognitive processes during deliberation that might explain the transition between predeliberation preferences and a jury's ultimate verdict. We then review cognitive work in the group context generally, and the jury context specifically, illustrating the promise of a cognitive perspective on jury deliberation. Finally, we identify cognitive phenomena likely to be particularly valuable in illuminating deliberation behavior.