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Hypothesis testing in attorney-conducted voir dire.
Caroline Crocker Otis1, Sarah M Greathouse2, Julia Busso Kennard3
1Applied Marketing Science, Inc.
Law and Human Behavior
|June 24, 2014
Summary
Attorneys
Area of Science:
- Psychology
- Law
- Cognitive Science
Background:
- Attorneys often rely on stereotypes to predict juror attitudes.
- The effectiveness of voir dire questioning in eliciting accurate juror information is uncertain.
Purpose of the Study:
- To investigate whether attorneys' voir dire questioning strategies yield accurate juror information.
- To assess if attorneys correctly interpret juror responses during voir dire.
Main Methods:
- Attorneys and law students developed voir dire questions to test hypotheses about potential jurors.
- Bayes' theorem was used to compare attorneys' conclusions with normative standards.
Main Results:
- Attorneys' conclusions about potential jurors were biased by their own questions and initial hypotheses.
- Attorneys tended to overemphasize juror responses when forming judgments.
Conclusions:
- Voir dire questioning may not lead to accurate juror attitude assessments due to attorney cognitive biases.
- Attorneys may fail to utilize elicited juror information effectively, leading to biased conclusions.
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