Criminal PsychologyCriminal Psychology

Chapter 12Chapter 12

Trial ConsultationTrial Consultation

TalbotTalbot

Kellogg Community CollegeKellogg Community College

Trial ConsultationTrial Consultation Assists attorneys in preparing for the trial, Assists attorneys in preparing for the trial,

evaluating the effectiveness of the evaluating the effectiveness of the presentation, and formulating procedures for presentation, and formulating procedures for the selection of the jury.the selection of the jury.

Forensic Psychologists?Forensic Psychologists? American Society of Trial Consultants (ASTC)American Society of Trial Consultants (ASTC) No certification or licensure requirementNo certification or licensure requirement Backgrounds such as psychology, Backgrounds such as psychology,

communications, sociology, and political science.communications, sociology, and political science.

Criminal v. Civil cases?Criminal v. Civil cases? Ethical Issues.Ethical Issues.

Pretrial ActivitiesPretrial Activities

Focus Groups – Group studies of the general population or specific groups of interest in order to determine any beliefs, feelings or biases held by that group.

Witness preparation. Testimony Inconsistencies Role Plays Powerless Speech Ethical issues?

Jury Composition issues. Peremptory Challenges

Pretrial Publicity issues Change of Venue – i.e. Rodney King Sequestered Voir Dire

Presenting the Case

Developing the “story of the case” - narrative Narrative coherence – Is it consistent?

Does it have internal logic? Narrative fidelity – “the logic of good

reasons”. Are these facts or values? Timing of the Defense opening

statement. 2 options – now or later?

Making concessions Sponsorship Theory – Make them say it. Inoculation Theory – Stealing Thunder

Evidence PresentationEvidence Presentation Serial Position EffectSerial Position Effect Recency EffectRecency Effect Primacy EffectPrimacy Effect

Closing ArgumentsClosing Arguments

First or Last?First or Last?

Expository Approach – Why is our evidence Expository Approach – Why is our evidence better than your evidence?better than your evidence?

Jury SelectionJury Selection

Systematic Jury Selection v. Seat of the Systematic Jury Selection v. Seat of the pants.pants.

Kernel-of-truth hypothesisKernel-of-truth hypothesis Two primary approaches.Two primary approaches.

1.1. Broad Attitudes and TraitsBroad Attitudes and Traits1.1. Juror biasesJuror biases

1.1. Pro-plaintiff v. Pro-defendant (or at least anti-plaintiff)Pro-plaintiff v. Pro-defendant (or at least anti-plaintiff)

2.2. Litigation Explosion, Deep pockets syndromeLitigation Explosion, Deep pockets syndrome

2.2. Case-Specific ApproachesCase-Specific Approaches1.1. O.J. Simpson Juror questionnaire. P.302O.J. Simpson Juror questionnaire. P.302

Other Juror Biases

The defendant’s characteristics Physical attractiveness – beautiful people are

given the benefit of the doubt. Similarity to the jurors – people more similar

to us are often given the benefit of the doubt. The judge’s instructions

Disregard the last comment… often results in people paying closer attention to it.

Beyond reasonable doubt. Is often misunderstood as meaning beyond all doubt. It instead means beyond the doubt of a reasonable person.