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Full-Text Articles in Law

Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2011

Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most …


The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira Jan 2011

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


Quieting Cognitive Bias With Standards For Witness Communications, Melanie Wilson Jan 2011

Quieting Cognitive Bias With Standards For Witness Communications, Melanie Wilson

Scholarly Works

Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated round-table discussions with prosecutors, criminal defense lawyers, and academics throughout the United States. The Standards under review provide aspirational guidance for all criminal law practitioners. This Article stems from the Criminal Justice Section's undertaking. It considers the wording, scope, and propriety of several of the proposed changes that address lawyer-witness communications. It begins with a discussion of the effects of cognitive bias on these communications and explains why carefully tailored standards may lessen the detrimental …