Psychology and courtroom (Cognitive)

Eyewitness Testimony in the Courtroom

The weight given to Eyewitness Testimony in trials can be significant, despite its potential inaccuracies. Jurors often perceive it as strong evidence.
The potential false memories and inaccuracies in Eyewitness Testimony highlight the necessity of proper cross-examination in court to scrutinise the reliability of such testimony.
The Devlin Report (1976) suggested that, in certain cases, it may be unjust to convict based on a testimony alone due to its unreliability.

Role of Expert Witnesses

Expert Witnesses are often called to provide specialist knowledge to proceedings, which can include psychologists. They can help by shedding light on particular cognitive processes, such as memory or perception.
The role of a psychologist in court can be to evaluate defendant’s mental health, provide insights into the reliability of eyewitness accounts, or provide an understanding of the behaviour and motivations of the defendant.

Jury Decision Making

Researchers such as Pennington and Hastie argue that jurors construct a narrative from the evidence to make sense of the details and sequence of events. Inconsistencies or gaps in the narrative can lead to a not guilty verdict.
Prejudice and stereotypes can also affect jury decisions. For example, the Attractiveness Bias suggests that attractive defendants are seen as less likely to be guilty.
The Jury size and their decision rules (unanimity versus majority) can influence the decision-making process and the final verdict. Larger juries are more likely to have members with minority opinions, stimulating a more thorough discussion.

Effects of Courtroom Procedures

The way information is presented in court can impact a jury’s perception. For example, evidence presented first (Primacy Effect) and last (Recency Effect) have increased impact.
Order of witnesses can impact verdicts. The defence benefits more from going first according to the liberation hypothesis.
Leading questions posed by lawyers can influence witness responses and the perceptions of the jury.

Understanding the cognitive processes at play in the courtroom is essential for ensuring a fair legal process. This includes acknowledging the potential biases and inaccuracies ingrained in our cognitive processing and ensuring protective steps are taken to minimise their impact.