Attorney Questions Predict Jury-eligible Adult Assessments of Attorneys, Child Witnesses, and Defendant Guilt.

Allison P Mugno, J Zoe Klemfuss, Thomas D Lyon
Author Information
  1. Allison P Mugno: Florida International University, MA.
  2. J Zoe Klemfuss: Florida International University, MA.
  3. Thomas D Lyon: USC Gould School of Law, University of Southern California, CA.

Abstract

Children are often the primary source of evidence in maltreatment cases, particularly cases of child sexual abuse, and may be asked to testify in court. Although best-practice protocols for interviewing children suggest that interviewers ask open-ended questions to elicit detailed responses from children, during in-court testimony, attorneys tend to rely on closed-ended questions that elicit simple (often "yes" or "no") responses (e.g., Andrews, Lamb, & Lyon, ; Klemfuss, Quas, & Lyon, ). How then are jurors making decisions about children's credibility and ultimately the case outcome? The present study examined the effect of two attorney-specific factors (e.g., temporal structure and questioning phase) on mock jurors' perceptions of attorney performance, child witness credibility, storyline clarity, and defendant guilt. Participants were randomly assigned to read a trial excerpt from one of eight conditions and were then asked to evaluate the attorney, child witness, and the case. Selected excerpts were from criminal court case transcripts and contained either high attorney temporal structure (e.g., use of temporal markers) or low temporal structure (e.g., frequent topic switching), involved direct or cross-examination, and represented cases resulting in a conviction or acquittal. Child responses were kept consistent across all excerpts. Results showed that participants perceived the attorney's performance and child's credibility more favorably and thought the storyline was clearer when attorneys provided high rather than low temporal structure and when the excerpt contained direct rather than cross-examination. Participants who read a direct rather than cross-examination excerpt were also more likely to think the defendant was guilty. The study highlights the impact of attorney questioning style on mock jurors' perceptions. Copyright © 2016 John Wiley & Sons, Ltd.

References

  1. Psychol Rev. 2004 Apr;111(2):486-511 [PMID: 15065919]
  2. Law Hum Behav. 2009 Jun;33(3):258-64 [PMID: 18633698]
  3. Psychol Public Policy Law. 2014 Jan 1;20(1):19-30 [PMID: 25242881]
  4. Appl Cogn Psychol. 2014 Sep-Oct;28(5):780-788 [PMID: 25866442]

Grants

  1. R01 HD047290/NICHD NIH HHS

MeSH Term

Adolescent
Adult
Age Factors
Child Abuse, Sexual
Criminal Law
Decision Making
Female
Humans
Judicial Role
Lawyers
Male
Surveys and Questionnaires
Truth Disclosure
Young Adult

Word Cloud

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