Relevant bibliographies by topics / Juror beliefs

Academic literature on the topic 'Juror beliefs'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Juror beliefs"

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Leverick, Fiona. "What do we know about rape myths and juror decision making?" International Journal of Evidence & Proof 24, no. 3 (May 8, 2020): 255–79. http://dx.doi.org/10.1177/1365712720923157.

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This paper presents overwhelming evidence that prejudicial and false beliefs held by jurors about rape affect their evaluation of the evidence and their decision making in rape cases. The paper draws together for the first time the available evidence from both quantitative and qualitative studies (most of which are not found in law journals, but rather in scientific outlets, most commonly those focusing on experimental psychology). The quantitative research demonstrates that mock jurors’ scores on so-called ‘rape myth scales’ are significant predictors of their judgments about responsibility, blame and (most importantly) verdict. The qualitative research indicates that jurors frequently express problematic views about how ‘real’ rape victims would behave and what ‘real’ rape looks like during mock jury deliberations and that even those who score relatively low on abstract rape myth scales can express prejudicial beliefs when deliberating in a particular case. The studies vary in terms of their realism, but it is important to note that some of the studies reported here were highly realistic trial reconstructions, involving representative samples of jurors drawn from the community, live trial reconstructions, evidence-in-chief and cross-examination, accurate legal directions and deliberation in groups. The review concludes by examining the evidence on whether juror education—whether in the form of judicial directions or expert evidence—might be effective in addressing problematic attitudes.
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Costanzo, Mark, Netta Shaked-Schroer, and Katherine Vinson. "Juror Beliefs About Police Interrogations, False Confessions, and Expert Testimony." Journal of Empirical Legal Studies 7, no. 2 (June 2010): 231–47. http://dx.doi.org/10.1111/j.1740-1461.2010.01177.x.

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Schuller, Regina A., Blake M. McKimmie, Barbara M. Masser, and Marc A. Klippenstine. "Judgments of Sexual Assault: The Impact of Complainant Emotional Demeanor, Gender, and Victim Stereotypes." New Criminal Law Review 13, no. 4 (2010): 759–80. http://dx.doi.org/10.1525/nclr.2010.13.4.759.

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Te sexual assault victim "who comes to the attention of the authorities has her victimization measured against the current rape mythologies" (R v. Seaboyer, 1991). Tis is particularly troubling given that lay beliefs regarding the crime of sexual assault are at odds with the data documenting the circumstances surrounding actual rape. Research has consistently demonstrated that lay people (hence, jurors) will question the validity of a sexual assault claim and judge the victim more harshly, if the circumstances surrounding the assault and/or the characteristics and actions of the sexual assault complainant do not comport with people's expectations about the event. In this paper we report the results of a juror simulation that examines the impact of victim's postassault emotional demeanor on judgments, in the context of independent manipulations of gender stereotypicality and victim stereotypicality. Results revealed that the complainant's emotional display had a powerful impact on participants' judgments, with the claim viewed as more valid when the complainant was portrayed as tearful/upset as opposed to calm/controlled, but only when the complainant was portrayed as gender stereotypic.
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Pfeifer, Jeffrey E., and James R. P. Ogloff. "MOCK JUROR RATINGS OF GUILT IN CANADA: MODERN RACISM AND ETHNIC HERITAGE." Social Behavior and Personality: an international journal 31, no. 3 (January 1, 2003): 301–12. http://dx.doi.org/10.2224/sbp.2003.31.3.301.

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This research investigated whether the prejudicial attitudes of mock jurors in Canada produce criminal sanction disparities similar to those reported by research in the United States. In order to investigate this hypothesis, English Canadian participants read a transcript of a sexual assault trial that varied the ethnic background of both the victim and the defendant (i.e., English, French or Native Canadian). Participants were then asked to rate the guilt of the defendant in two ways: (1) on a 7-point bipolar scale in accordance with their personal beliefs (i.e., Subjective Guilt Rating), and (2) on a dichotomous scale (guilty/not guilty) in accor- dance with judicial instructions (i.e., Legal Standard Guilt Rating). Participants were also asked to rate the victim and defendant on a number of personality traits. Results indicate that participants asked to rate the degree of guilt of the defendant according to the Subjective Guilt Rating found him more guilty if he was French, or Native Canadian as opposed to English Canadian. These prejudicial ratings, however, dissipated when participants were asked to rate the guilt of the defendant according to the Legal Standard Guilt Rating that included jury instructions. This apparent paradox in results is discussed in terms of modern racism theory.
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Chapdelaine, Andrea, and Sean F. Griffin. "Beliefs of Guilt and Recommended Sentence as a Function of Juror Bias in the O. J. Simpson Trial." Journal of Social Issues 53, no. 3 (April 9, 2010): 477–85. http://dx.doi.org/10.1111/j.1540-4560.1997.tb02123.x.

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Tomei, Jenna, Robert J. Cramer, Marcus T. Boccaccini, and Nancy Ryba Panza. "The Gay Panic Defense: Legal Defense Strategy or Reinforcement of Homophobia in Court?" Journal of Interpersonal Violence 35, no. 21-22 (June 14, 2017): 4239–61. http://dx.doi.org/10.1177/0886260517713713.

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Gay panic refers to a heterosexual man violently responding to unwanted sexual advances from a gay man. In court, the defendant may argue he was provoked or temporarily insane. This study utilized 352 jury-eligible citizens to assess differences across mediums of gay panic. Participants were asked to read vignettes depicting a control, gay panic as provocation, or gay panic as insanity condition and provide verdicts and ratings of blame and responsibility. Participants also completed measures assessing political orientation and homonegativity. Data were analyzed via a MANCOVA, a chi-square goodness-of-fit test, and general linear modeling. Verdicts, victim blame, and ratings of responsibility differed across vignette conditions, with an observed leniency effect when gay panic was claimed in either context. Homonegativity also exacerbated patterns of prodefendant views, as participants higher in homonegativity assigned higher victim blame, lower defendant responsibility, and more lenient verdicts in the gay panic conditions. The effect of political orientation was nuanced, as only republicans in the provocation condition followed the anticipated pattern in rendering more lenient verdicts. Results provide additional support for the notion gay panic defenses may be, in part, fueled by political beliefs and prejudicial beliefs against persons of sexual minority status. Drawing from a justification–suppression model, it may be that in cases of gay panic, a context is created in which prejudiced ideologies can be openly expressed via leniency on the defendant. Implications may be relevant to future criminal law policies and practices, particularly advocacy and policy efforts, judicial training, and trial consultation to attorneys for juror selection and development of trial strategy.
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Angelone, D. J., Damon Mitchell, and Danielle Smith. "The Influence of Gender Ideology, Victim Resistance, and Spiking a Drink on Acquaintance Rape Attributions." Journal of Interpersonal Violence 33, no. 20 (February 24, 2016): 3186–210. http://dx.doi.org/10.1177/0886260516635318.

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The current study examined observer’s attributions about the victim and perpetrator of an alleged acquaintance rape. Participants included 504 college students from a public university in the northeastern United States who read a brief crime report and completed a series of questionnaires for course credit. While men tended to attribute more blame to the victim than women, gender ideology emerged as a stronger predictor of rape attributions, and some types of sexist beliefs were associated with greater victim blaming and others with less victim blaming. Endorsement of hostile sexism, rape myths, and heterosexual intimacy was generally associated with the attribution of greater victim culpability, as well as less perpetrator culpability, perpetrator criminality, and victim credibility. However, complementary gender differentiation was associated with greater perpetrator culpability and criminality, while protective paternalism was associated with greater victim credibility. Observers attributed lower victim culpability and greater perpetrator criminality when the victim’s drink was spiked, and attributed greater perpetrator culpability when the victim verbally resisted the perpetrator’s advances. Given the implications that observer attitudes can have on professional and personal support for survivors, as well as juror decision making, the ongoing examination of the complex interplay between the person and situational factors affecting attributions of rape is essential. Sexual assault prevention programs may also benefit from a psychoeducational component that targets reducing traditional gender ideology.
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Poulson, Ronald L., Henry Brown, Michael J. Brondino, and Ronald L. Braithwaite. "Relations among Mock Jurors' Attitudes, Trial Evidence, and Their Selections of an Insanity Defense Verdict: A Path Analytic Approach." Psychological Reports 82, no. 1 (February 1998): 3–16. http://dx.doi.org/10.2466/pr0.1998.82.1.3.

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This study examined an important question relevant to the domain of the insanity defense: What are the interrelationships among important evidential and attitudinal factors which influence how jurors decide their final verdicts? To answer this question, a mock trial in which the insanity defense was argued was presented to 224 college undergraduates by means of an audiotape and slide show. Following the presentation, participants were asked to answer a series of questions regarding the trial. A path model was specified with four evidential factors as endogenous variables, i.e., evaluation of the defendant's mental status, belief that the defendant could be rehabilitated, beliefs regarding the accuracy of the expert witnesses, and mock-jurors' predeliberation verdicts. In addition, three attitudinal factors were specified as exogenous variables, i.e., attitudes toward the insanity defense, attitudes towards due process vs crime control, and attitudes towards the death penalty. The path model was consistent with previous literature, suggesting that jurors' attitudes toward the death penalty and the insanity defense had a direct effect on how they evaluated the accuracy of the expert testimony and their evaluation of the defendant's over-all mental status. In turn, mock jurors' evaluations of the defendant's mental status had a direct effect on their selections of verdict. Importantly, mock jurors' evaluations of the evidential factors, particularly the mental status of the defendant, were a stronger predictor of their selections of verdict than were their initial attitudes.
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Paolo, Marianna Di, and Georgia Green. "Jurors' Beliefs about the Interpretation of Speaking Style." American Speech 65, no. 4 (1990): 304. http://dx.doi.org/10.2307/455506.

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Spanos, Nicholas P., Bryan Myers, Susan C. Dubreuil, and Anne E. Pawlak. "The Effects of Polygraph Evidence and Eyewitness Testimony on the Beliefs and Decisions of Mock Jurors." Imagination, Cognition and Personality 12, no. 2 (October 1992): 103–13. http://dx.doi.org/10.2190/1ab2-3wlx-bfy1-8ycp.

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Mock jurors heard one of four versions of a murder trial and then deliberated in small groups to a verdict. Half the juries heard a trial in which an eyewitness identified the defendant as the murderer and half heard a trial in which a polygraph expert testified that the defendant responded deceptively when denying the crime. These two factors were completely crossed in a 2 × 2 (eyewitness/no eyewitness x polygraph/no polygraph) design. Jurors exposed to the eyewitness testimony believed more strongly in the defendant's guilt and voted guilty more frequently than did those not exposed to eyewitness testimony. Eyewitness testimony also enhanced the degree to which jurors believed that other pieces of evidence indicated that the defendant was guilty. Polygraph evidence exerted no significant effects either on jurors' beliefs or on their verdicts.
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Dissertations / Theses on the topic "Juror beliefs"

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Henderson, Asia B. "Juror Decision Making: The Influence of Personal Beliefs When Deciding Rape Cases." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/441.

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Relationships between victim race, defendant race, participant characteristics, and general perceptions were assessed as they pertained to the final verdict. Photographs and brief date rape vignette were given to 339 participants. Participants were also asked to respond to follow-up questionnaire, Illinois Rape Myth Acceptance Short Form scale, and Feeling Thermometer. Finally, participants were asked to render a final verdict, guilty or not guilty. Results indicated that participants’ perceptions relating towards responsibility significant predicted the likelihood of a guilty verdict being rendered. Additionally, results showed that there were significant differences across victim race and defendant race on verdict, such that overall the further the victim and defendant were apart on the color line, the more likely it would be for that case to receive a guilty verdict. Several participant variables also had significant effects on verdict, assignments of responsibility, and warmth towards specific racial groups. Results, future directions, and general implications are discussed.
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Hurst, Dawn R. "Munchausen Syndrome by Proxy : Gender, Sexism, and Just World Beliefs as Predictors of Juror Decisions." UNF Digital Commons, 2005. http://digitalcommons.unf.edu/etd/370.

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Mock jurors (N = 200) read descriptions of a mock civil case involving an adult survivor of Munchausen Syndrome by Proxy who is suing his/her abuser for monetary/psychological damages. Jurors individually decided perceived percent of responsibility of defendant, award to plaintiff pre- and post-group deliberations, and as a mock jury, in groups of 5 to 10. Jurors and juries assigned greater percent of culpability to female defendants than male defendants. Individual jurors awarded more n1oney to plaintiffs abused by female defendants than male defendants. Low Modem Sexism Scale (MSS) scorers attributed greater percentage of responsibility to defendants and awarded plaintiff more money than high scorers. There was no significant difference in award to male or female plaintiffs; however, greater percent of culpability was assigned to defendants who abused plaintiff longer (i.e., 19 years vs. 10 years). Low Belief in Just World (BJW) scorers individually attributed greater percent of responsibility to defendant and awarded more money to plaintiff than high scorers. Gender of defendant, just world, and sexist attitudes appeared to play important roles in jurors' decisions in cases involving adults who were child victims.
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Hurst-McCaleb, Dawn. "Mock Juror Effects of Blame and Conviction in Rape Cases: Do Attitudes, Beliefs, and Contact with Homosexuals Matter?" Thesis, University of North Texas, 2016. https://digital.library.unt.edu/ark:/67531/metadc849652/.

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The current case involves a female rape victim. Research has shown the level of victim blaming can be elevated if the victim is a lesbian woman compared to a heterosexual woman. Mock jurors’ responses to personality trait questionnaires (e.g., Belief in a Just World, Attitudes Toward Women, Attitudes Toward Lesbians) and amount of contact they have with homosexual people were employed as predictors of how they would decide victim blaming and perpetrator guilt. Personality trait findings were not good predictors; however, greater contact with homosexuals did decrease negative attitudes toward lesbian victims. Limitations and implications for future research are addressed.
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Hussey, Heather Joan Catriona. "Potential jurors' perceptions of child witnesses." University of Western Australia. Centre for Forensic Science, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0151.

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This thesis describes research about potential jurors' beliefs about children as witnesses. Jurors' knowledge of memory, suggestibility and child sexual abuse was collected and analysed. The aim was to identify strengths or weaknesses in jurors' knowledge to further inform discussion on whether experts should provide evidence to jurors about children's memory, suggestibility and behaviour, in cases which involve child witnesses. This research showed that jurors from both Australia and America had correct beliefs about some characteristics of child witnesses, however they also had incorrect beliefs. The main areas where both Australian and American jurors' beliefs were incorrect was in the suggestibility and interrogation category, and the memory and ability to testify category; however both had some incorrect beliefs with respect to reactions to sexual abuse and disclosure about sexual abuse categories. These findings support the proposition that expert evidence would be beneficial in improving jurors' knowledge of child witnesses, particularly in the areas of children's suggestibility and responses to interrogation. Jurors' assessment of children's testimony is fundamental in some criminal cases, and therefore information obtained in this study has implications for any case where a child witness testifies.
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DeFranco, Rachel M. "Determinants of Juror Belief in Witness Testimony: The Role of Witness Uncertainty and Certainty." Kent State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=kent1460552577.

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Kleinstuber, Ross. "The effects of religious affiliation on capital jurors' punitive beliefs and dispositions towards punishment." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 42 p, 2007. http://proquest.umi.com/pqdweb?did=1338880841&sid=14&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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Johnson, Lauren. "The Relationship between Mock Jurors' Locus of Control, Belief in a Just World, and an NGRI Verdict." Thesis, Southern Illinois University at Edwardsville, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10271095.

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Previous research has demonstrated mixed results that locus of control and belief in a just world impact juror’s verdicts for defendants, however previous research is lacking on how these factors influence juror’s likelihood of rendering a Not Guilty by Reason of Insanity verdict for a mentally ill defendant. The current study examined whether mock juror’s belief in a just world influenced the relationship between locus of control and an NGRI verdict. Seventy-nine students completed an online survey that included locus of control and belief in just world scales and rendering a verdict for a mentally ill defendant charged with First-Degree Murder. While belief in a just world did not impact the relationship between locus of control and the likelihood of rendering an NGRI verdict, both belief in a just world and locus of control were statistically significantly correlated to an NGRI verdict.

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"To believe or not to believe: mock-jurors reactions to adult and child eyewitnesses in the criminal justice system /." Adelaide, 1990. http://web4.library.adelaide.edu.au/theses/09ARPS/09arpsm717.pdf.

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Books on the topic "Juror beliefs"

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God-thinking: Every juror's moral brain, religious beliefs, and their effects on a trial verdict. New Providence, NJ: LexisNexis, 2013.

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Feigenson, Neal R., and Christina O. Spiesel. The Psychology of Surveillance and Sousveillance Video Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190658113.003.0009.

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This chapter reviews the psychological research that indicates why jurors are likely to find video evidence in general to be reliable, probative, and persuasive but also why their perceptions and interpretations of this evidence are prone to being biased by many factors of which they tend to remain largely unaware. These include jurors’ prior attitudes and beliefs, their current motivations, the visual and verbal contextualizations of the video at trial, and their emotional responses to the video. The chapter then examines surveillance and sousveillance video technology and discusses jurors’ potential responses to videos of high-profile police shootings. It concludes by arguing that jurors’ responses to video evidence may change over the course of the trial as that evidence is presented repeatedly and under different conditions, recommending potential trial reforms to assist jurors as they evaluate video evidence, and suggesting further research to explore this issue.
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Book chapters on the topic "Juror beliefs"

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Semmler, Carolyn, Neil Brewer, and Amy Bradfield Douglass. "Jurors believe eyewitnesses." In Conviction of the innocent: Lessons from psychological research., 185–209. Washington: American Psychological Association, 2012. http://dx.doi.org/10.1037/13085-009.

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Offit, Anna. "Storied Justice." In The Imagined Juror, 51–69. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479808533.003.0004.

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This chapter explores the processes by which prosecutors develop and revise opening and closing statements for trial. Prosecutors’ collaborative development of these trial narratives allows them to inscribe evidence, actors, motivations, and events within a broader story that confirms the guilt of the accused while affirming the moral character of the federal prosecutor. The chapter shows that opening and closing statements are keyed to the perspectives that prosecutors believe are held by their imagined jurors. Further, it focuses on particular narrative techniques and prosecutors’ assessments of these techniques’ suitability for engaging jurors’ perceptions of character and evidence. The chapter ultimately contends that crafting trial narratives is something that prosecutors do less for actual people than for the purpose of giving form to their own professional identities as trustworthy actors who strive toward just outcomes.
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Larson, Carlton F. W. "The Philadelphia Treason Trials, 1778–1779." In The Trials of Allegiance, 122–49. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932749.003.0007.

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Philadelphia County witnessed the war’s most significant treason trials. The grand jurors who screened the proposed treason indictments were wealthy, prominent Philadelphians who had played significant roles in resistance activities, yet they indicted persons accused of treason at a lower rate than other grand juries did for other crimes. The chapter then introduces the trial jurors. Only 58 men filled 264 identifiable jury seats, and many of these served only once, leaving the other jurors to serve on multiple trials. By working backward from the jurors’ demographic characteristics, one can determine the strategies that defense counsel used in selecting jurors. Under eighteenth-century practice, defendants could peremptorily strike up to 35 jurors, whereas the prosecution could strike none. The chapter presents evidence suggesting that defense counsel used their challenges on the bases of religion, age, ethnicity, wealth, occupation, and political beliefs to shape juries that were more favorable to the defense.
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Postal, Karen. "Relationship with the Jury." In Testimony That Sticks, 78–96. Oxford University Press, 2019. http://dx.doi.org/10.1093/med-psych/9780190467395.003.0005.

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Because attorneys are asking the questions, expert witnesses might believe that attorneys are their communication partners during testimony. They might also think that communication flows only one way: from the expert and attorney “speakers” toward the jurors. This chapter challenges both of those ideas. Experts should recognize that jurors are their actual communication “partners” and should respect the difficult role of jurors in accessing expert information so they can make a decision. Experts should ask and answer two questions: “What do the jurors need from me?” and “How can I share tools in a way that they can use them in order to do their job?” Experts can invite the jurors to actively engage with their testimony by posing questions and using examples that jurors can relate to and therefore actively imagine. When experts include examples in testimony that jurors can relate to their personal experience, jurors can make their own judgments about the case based on their experience. A productive relationship between the expert and the jury sets the stage for accessible, engaging testimony.
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Leippe, Michael R., and Donna Eisenstadt. "The Influence of Eyewitness Expert Testimony on Jurors’ Beliefs and Judgments." In Expert Testimony on the Psychology of Eyewitness Identification, 169–200. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195331974.003.008.

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Nadelhoffer, Thomas, Daniela Goya-Tocchetto, Jennifer Cole Wright, and Quinn McGuire. "Folk Jurisprudence and Neurointervention." In Neurointerventions and the Law, 191–230. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190651145.003.0009.

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Our chapter is motivated by an underlying assumption that layperson’s intuitions, beliefs, and judgments about moral and legal issues and public policy—which we refer to as “folk jurisprudence”—is relevant to philosophical and legal theorizing about the normative status of the use of neurological interventions. While we are quick to acknowledge that researchers need not be entirely beholden to the dictates of folk jurisprudence, we nevertheless believe that layperson’s attitudes about the relationship between neuroscience and the law ought to at least serve as feasibility constraints when it comes to the important project of getting from theory to practice. Given our beliefs concerning the relevance of folk intuitions to philosophical theorizing and public policy, we set out to explore these intuitions in a systematic way. So, we present the findings from three studies we ran which investigated people’s intuitions about the following practices and policies: (a) using interventions to reduce implicit bias in judges and jurors, (b) using interventions to reduce violence impulsivity on violent offenders, and (c) using interventions to improve moral behavior not only in prison populations but also in the general population. Having presented our findings, we then discuss what we take to be the relevance of this type of research to philosophy, law, and public policy.
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Lindsay, R. C. L. "Expectations of eyewitness performance: Jurors' verdicts do not follow from their beliefs." In Adult Eyewitness Testimony, 362–84. Cambridge University Press, 1994. http://dx.doi.org/10.1017/cbo9780511759192.018.

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Amatrudo, Anthony. "What do they know of law who only cop shows know?" In Law in Popular Belief. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9780719097836.003.0003.

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This chapter shows how it is not the law, as such, but only representations of it that affect behaviour. Citizens act in terms of how they think the law is and not necessarily as it actually is. Knowledge of the law is drawn increasingly from a range of media and persons download, view and ingest this knowledge in an ad hoc and unsystematic manner. There is now an established victim’s rights discourse embedded in journalistic practice and media generated legal narratives tend to play down the rights of defendants and undermine important legal principles that safeguard the efficacy of the trial process. A diet of victim-centred news coverage over time has tended to make the general public more retributive in their thinking. The public learn about the law through the media and there is a tendency to highlight the sensational and to see the world as far more violent than is typically the case, to hold to worse police detection rates than is actually the case and to misrepresent the racial make-up of offenders. Though there is excellent coverage of crime in the media there is little consideration of legal principles and procedures and the notion that law is a technical and elaborate system of knowledge is largely absent in the portrayal of crime in both news and drama. The chapter considers the so-called CSI-effect: the notion that citizens, notably jurors, hold to absurdly high levels of proof in relation to forensic evidence and how this fetishisation of forensic evidence is having real-world affects in terms of delivering proper verdicts. This chapter critically assesses the public’s level of legal awareness in relation to crime and argue for a robust Public Criminology.
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Donald E, Vinson, and Reichert Klaus. "Part II The Arbitration Process and Persuasion Strategies, 11 Behavioural Research for Arbitration." In Arbitration: the Art & Science of Persuasion. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192867902.003.0012.

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This chapter focuses on the techniques conducted for studying arbitration. According to conventional wisdom, people are likely to be convinced if they have propositions with positive attitudes, opinions, or beliefs instead of negative ones. Sensitivity to human behaviour is involved in developing effective persuasion strategies. The chapter also differentiates the roles between arbitrators and jurors. Behavioural research has been conducted to develop and further persuasive strategies. Moreover, consultants and research experts could assist in the research as most lawyers are not trained in social sciences or research methods. Arbitration studies usually involve issues analysis, assessment of decision makers, strategy testing, witness evaluation, damage analysis, visual communication testing, and simulation.
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Saks, Michael J., and Barbara A. Spellman. "Balancing Acts." In The Psychological Foundations of Evidence Law. NYU Press, 2016. http://dx.doi.org/10.18574/nyu/9781479880041.003.0003.

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Many rules of evidence employ balancing tests. The best known is Rule 403, requiring a judge to compare the probative value of evidence against (for example) its prejudicial effect. The problem of metacognition arises when a trial judge is making a decision in a specific case. The required balancing involves more than knowing a rule and the import of the evidence: it engages the judge’s beliefs about how jurors’ cognitive and emotional processes work, predicting how they will respond to the evidence, and comparing that to how the judge thinks the evidence ought best to be responded to. For some categories of evidence, the rulemakers have performed the metacognitive balancing for the judge, deciding that because jurors likely will over-value the evidence, it is best to prevent the jury from hearing those types of evidence. Sometimes the rules aim to encourage socially desirable behavior. For example, to promote repairs of dangerous situations, the rules bar using the fact that repairs were made to prove negligence. A well-established body of research on the “hindsight bias” supports the law’s suspicion that jurors will use evidence of the accident and the repair to answer the question of whether the risk should have been recognized ex ante, and conclude that the failure to correct the situation earlier was negligent. Balancing tests make good psychological sense in theory. Much remains to be learned, however, about whether they “work” (that is, are efficient, lead to good results, encourage socially-desirable behavior) in practice.
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