Displayed emotions and witness credibility: a comparison of judgements by individuals and mock juries

2007 ◽  
Vol 21 (9) ◽  
pp. 1145-1155 ◽  
Author(s):  
Janne Dahl ◽  
Ida Enemo ◽  
Guri C. B. Drevland ◽  
Ellen Wessel ◽  
Dag Erik Eilertsen ◽  
...  
Keyword(s):  



2010 ◽  
Author(s):  
Stanley L. Brodsky ◽  
Michael P. Griffin ◽  
Robert J. Cramer


Author(s):  
Michael J. Saks ◽  
Barbara A. Spellman

The basic rule limiting character evidence is quite sensible. Personality traits predict less than most people (including jurors) realize; situations, and person-by-situation interactions, are more potent forces. As the law suspects, people tend to perceive the behavior of others through lenses of propensity; consequently, they over-attribute and over-predict consistency between character and conduct. In fashioning the character evidence rules, common law judges correctly diagnosed a problem and took steps to temper those attributional tendencies to avoid inaccurate and unfair verdicts. The rules allow numerous exceptions, admitting some character evidence out of fairness or to permit helpful evidence while barring its most misleading variants. For example, defendants in criminal cases are permitted to offer evidence of their own character or the character of a victim. Other exceptions are made to assist factfinders to evaluate witness credibility. A special class of that rule deals with witnesses’ criminal records: a maze of sub-rules governs admissibility of prior crimes. Research finds that people tend to rely on prior crime evidence for its improper propensity purpose, contrary to judicial instructions about the limited use to which it may be put. A relatively new set of rules permits prior criminal sexual conduct to be admitted, allowing factfinders to draw inferences about “any matter to which it is relevant.” These rules are controversial because they invite jurors to engage in the very propensity thinking that centuries of evidence doctrine prohibited. Moreover, behavioral data do not support the theory behind a special rule for prior criminal sexual conduct.





2011 ◽  
Author(s):  
Kathlyn Vo ◽  
Rowena G. Gomez ◽  
Christopher M. Weaver ◽  
Nicole D. Ng ◽  
Yuliana Noniyeva ◽  
...  


2021 ◽  
Author(s):  
thomas zane reeves

<p>Because of health risks during the global pandemic of 2020, many fact finding hearings previously held in-person were offered in a video format. The return of in-person hearings is reemerging as many practitioners contend that video hearings are inadequate for viewing witness demeanor, thereby hindering determination of witness credibility. This paper summarizes the best available evidence and concludes: (1) personal demeanor is a not reliable factor for weighing witness credibility or deception detection, (2) a variety of indicators to be used by a “trier of fact” are more accurate in evaluating witness credibility, (3) and a video format is more reliable than an in-person hearing in assessing witness credibility. It concludes with an examination of what has been learned and the opportunities recorded video hearings offer for assessing witness credibility in the future. </p>



2009 ◽  
Vol 15 (1) ◽  
pp. 61-71 ◽  
Author(s):  
Guri Bollingmo ◽  
Ellen Wessel ◽  
Yvonne Sandvold ◽  
Dag Erik Eilertsen ◽  
Svein Magnussen


2008 ◽  
Vol 35 (12) ◽  
pp. 1515-1526 ◽  
Author(s):  
Tess M.S. Neal ◽  
Stanley L. Brodsky


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