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Jurors’ decisions are affected by emotions and other unspoken thoughts/feelings. Previous research has shown that people make decisions on “quick gut feelings.” The goal of this study is to see if a disgusting stimulus will have an influence on juror decision-making. The research was concerned with the decision-making question of whether or not jurors’ disgust and gut-feeling judgment towards the defendant are key elements in legal settings. This decision will be due to a “quick gut feeling” of disgust either attributed or not attributed to the criminal (Schnall, Haidt, Clore & Jordan, 2008).
Haidt (1997) suggested that facial expressions used to reject physically disgusting things are also used to reject certain kinds of socially inappropriate people and behaviors. If the facial reactions are the same, then feelings towards rejecting a physically disgusting thing and a socially inappropriate person or behavior are related. The feeling that is elicited from physically disgusting things as well as socially inappropriate people can be attributed to the same source. Haidt’s research tied together how a disgusting stimulus can be connected and resonate the same cognitive processes that makes someone disgusted to a socially inappropriate person. If the same facial reactions are used then it is possible that a socially inappropriate person’s actions can come off as disgusting.
Along with this research Rozin, Haidt, &McCauley (2000) came up with the social disgust theory. They suggested that disgust is easily applied or extended to purely social violations. Disgust often leads to thoughts of contamination and generates a sense of offensiveness and revulsion (Rozin, Haidt, & Fincher, 2009). If disgust is elicited then the person will...
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...ilance: The influence of disgust sensitivity in the moral domain. Emotion, 8(5), 613-627.
Lieberman, J. D. (2002). Head over the heart or heart over the head? Cognitive experiential self-theory and extralegal heuristics in juror decision making. Journal of Applied Social Psychology, 32(12), 2526-2553.
Pennington, N., & Hastie, R. (1981). Juror decision-making models: The generalization gap. Psychological Bulletin, 89 (2), 246-287.
Pennington, N., & Hastie, R. (1992). Explaining the evidence: tests of the story model for juror decision making. Journal of Personality and Social Psychology, 62 (2), 189-206.
Rozin, P., Haidt, J., & Fincher, K. (2009). From oral to moral. Science, 323(5918), 1179-1180.
Schnall, S., Haidt, J., Clore, G. L., & Jordan, A. H. (2008). Disgust as embodied moral judgment. Personality and Social Psychology Bulletin, 34(8), 1096-1109.
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.
In conclusion, we have seen that the race of the victim and the emotionality of the victim impact statements highly affects the jury’s empathy and therefore might influence their decision making. Understanding the interaction between the racial in-group/out-group and empathy may allow defense attorneys to lead jurors for harsher punishments for out-group racial groups and more lenient punishments for in-groups by playing on juror empathy and thus putting emotions before law and reason. Consequently, in any capital punishment case, race of the victim and race of the jury, could be the difference between life and death for a defendant and therefore needs to be studied further.
actions are too abominable to convey in words, thus leaving us with a vast array of uncomfortable
Ward, T., Polaschek, D. L. L. & Busch, A. R. (2006). Theories of sexual offending. Hoboken, NJ: Wiley.
From the first moment of life, the monster of Frankenstein has had to deal with one theme, over and over again in his interactions with society. Revulsion, horror, and rejection are just a few of the terms that are used to describe how people re...
Commonsense justice represents the citizens and what they think what is right and wrong; just and fair. The bias that jurors have inside themselves, they are taking those emotions to the jury box as they are about to judge the “defendant and the law.” What the citizens feel the law should be is what they think. (Norman J. Finkel, 2000). Instructions for jurors were “rewritten using psycholinguistic principles” which [illustrated] that their comprehension improved.” “Commonsense justice and jury instructions,” adjacent on an “instructive and reciprocating connection,” continued to demonstrate the studies of how citizens interpreted the instructions. (Norman J. Finkel, 2000)
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
Stevenson, D 2012, The function of uncertainty within jury systems, George Mason Law Review, vol. 19, no. 2, pp. 513-548, viewed 6 May 2014, .
Disgust is something that all humans go through. It starts at the beginning when a child is born and continues to form as the child grows up. Disgust can, if not be, one of the most dangerous reactions or behaviors that humans have. Disgust is an interesting emotion in the sense that a good bit of the time, humans do not even realize they are invoking their disgust response. In Richard Beck’s book “Unclean” he quotes Paul Rozin who groups disgust into three segments. The first being core disgust which is generally disgust towards food. This is generally towards foods we do not like or have never had before. The next grouping is sociomoral disgust, this is against other groups of people that are different than us. Lastly, is the grouping of
Lieberman in Scientific Jury Selection states, “...scientific jury selection originated in criminal trials in which academic researchers provided assistance to defense counsel because the researchers were concerned about the government having disproportionate degree of power and control over the outcome of cases.” As stated before, a jury does not have to think about the laws or the influence of the judge and lawyers, they must simply agree on what they believe happened. Some juries depend on facts or evidence, while others decide on if they believe the story others decide on their moral stances. This all comes back into why psychology is so important in the process of jury selection. When a juror decides the fate of an individual they don’t necessarily just use their brain, they use their heart, or their beliefs. What someone believes in can only be interpreted through psychology, the scientific study of the human mind and its functions, especially those affecting behavior in a given context. Trying to predict the outcome of someone's decisions is very difficult, that's why we have so many specialists, and consultants that are used in trials to determine the best possible pathway for a criminal
In the criminal justice system psychologist play several roles, but in the jury selection process they serve as a consultant. This essay will provide three instances of psychological concepts and illustrate how they are applied to the determination of juries. The essay will also address a common ethical obligation confronting psychologist in the areas of corrections, law enforcement, court systems, and academia.
The quietness and patience juror 8 displayed caused tension amongst the other jurors creating careful and adequate (Flouri & Fitsakis, 2007, p.453) deliberations. Juror 8 's circle of influence (Covey, 2013) directly influenced the other jurors’ circle of concern (Covey, 2013) when forcing them to question their thought process. Juror 8 chose a collaborative negotiation (Budjac Corvette, 2007, p. 63) method when deliberating with the other jurors immediately handing down guilty verdicts for the defendant. Furthermore, juror 8 used his ACES to help the other jurors cross the creek (Budjac Corvette, 2007, p.
The neuroimaging study conducted by Karim S. Kassam et al involved 10 actors entering the state of nine emotions, anger, disgust, envy, fear, happiness, lust, pride, shame and sadness, in a randomised order whilst having their brain activity scanned using a fMRI. The experiment was comprised of a series of phases, the first being that the actors were told to enter each of the listed emotional states whilst attached to the fMRI. In the second phase of the experiment, the actors were presented with both neutral and disgusting images that they had not previously seen. Along with the use of a fMRI scanner, a computer model was also used in order to read the brain activity as shown from the fMRI scans. During the second phase of the study, the computer