ArticlePDF Available

Computer-Animated Displays and the Jury: Facilitative and Prejudicial Effects

American Psychological Association
Law and Human Behavior
Authors:

Abstract

Two experiments assessed the effects of computer-animated displays on mock jurors. In both, participants watched a trial involving a dispute over whether a man who fell to his death had accidentally slipped or jumped in a suicide. They watched a proplaintiff or prodefendant version in which the body landed 5–10 feet or 20–25 feet from the building. Within each condition, the distance testimony was presented orally or with an animated display. When the tape depicted the event in a neutral manner, judgments were more consistent with the physical evidence. But when the plaintiff and defense used the tape to depict their own partisan theories, participants increasingly made judgments that contradicted the physical evidence. Results suggest that computer-animated displays have greater impact than oral testimony. Whether that impact is to facilitate or mislead a jury, however, depends on the nature of the display.
... Finally, research has found that visual technologies tend to have the greatest impact on jurors' culpability judgments when their use is differential; in other words, when only one party uses a dynamic visual technology to present evidence, jurors tend to render judgments against the party who presented their argument with less advanced means (e.g. Dunn et al., 2006;Kassin & Dunn, 1997;Park & Feigenson, 2013). Although animations have become more affordable in recent years, their cost can easily range from $5,000 to $50,000 (Austin Visuals, 2018) and some parties (most often the defense) may have to forego the use of this evidence due to financial limitations, potentially leaving them at a disadvantage to defend their client's innocence (Hadley, 2009;Schofield, 2011). ...
... Nonetheless, due to the small number of empirical studies in this areamany of which have methodological limitations including a lack of external validitya clear picture of the persuasive capacity of animations has not yet emerged. Kassin and Dunn (1997) were among the first to explore the impact of animations on legal decision-making. They tested the hypothesis that animations can either facilitate or prejudice jurors' understanding of case evidence and subsequent judgments, depending on the degree to which the scenario depicted in the animation corroborates other case evidence. ...
... In a second experiment, Kassin and Dunn (1997) presented the animation in a suggestive way that contradicted the physical evidence. For example, in the pro-defendant version, despite the victim's body being found only 5-10 feet away from the building, the victim was shown running and jumping off of the building; in the pro-plaintiff version, the victim was shown slipping and falling, despite his body being found 15-20 feet from the building. ...
Article
Full-text available
The current study explored how a computer-generated animation (CGA) illustrating a defendant’s version of events affected jurors’ judgments in a mock second-degree murder trial. We hypothesized that mock jurors who viewed a CGA illustrating the defendant’s testimony would be more likely to acquit compared to those who viewed static visual images or did not view a visual aid, and that this effect would occur regardless of whether the narrative depicted in the CGA was corroborated by pertinent testimonial evidence. In this 2 (testimony congruence: incongruent vs. congruent) x 3 (testimony modality: no-aid vs. static visual aid vs. computer-generated animation) between-subjects design, undergraduate students (N = 238) read a transcript from a fictitious trial and heard the defendant’s testimony in one of three modalities. Across congruence conditions, participants were significantly more likely to acquit the defendant when his testimony was accompanied by a CGA (OR = 5.08), compared to a static visual aid or with no-aid. Our results suggest that CGAs may have a disproportionate impact on jurors’ judgments compared to traditional forms of demonstrative evidence. Whether this impact is facilitative or prejudicial, however, depends on whether the content of the animation is congruent or incongruent with other case evidence.
... In cases that involve forensic medical opinions, the evidence is often highly technical and potentially graphic. Research has shown that jurors frequently experience confusion, boredom, frustration and a sense of being overwhelmed by technical issues or complex Soren Blau soren.blau@vifm.org and PowerPoint has been discussed in relation to presenting crime scene walk throughs, plane crashes and understanding statistical evidence [7,10,11]. Noting the increased use of digital evidence in Australian courts, McDonald and colleagues [12] investigated the use of tablets versus paper summaries in jury deliberations and concluded that, when managed properly, technology had no obvious drawbacks in effecting deliberations. ...
Article
Full-text available
Jurors rely on evidence presented in court to find the facts of a case. Consequently, the manner in which evidence is delivered may significantly impact the extent to which jurors comprehend and interpret the evidence. Building on a pilot study, the aim of this research was to further investigate which format for presenting forensic medical evidence in court was best for laypersons (i.e., jurors) to understand. This study presented a forensic medical testimony detailing a head injury to members of the community who had been called for jury duty. The evidence was presented using six different formats: verbal, autopsy photo, colour coded cross-sectional computed tomography (CT) image, volume rendered CT, three-dimensional (3D) print and interactive technology. Jurors found autopsy photographs to be more confronting than any other format. Verbal evidence was found to be the most complicated to understand, with volume rendered CT, the 3D print and interactive court technology being the least complicated. Jurors considered the 3D print easiest to understand, however when asked about the cause of the injuries, cause of death and severity of injuries, they showed there understanding was limited and the presentation format made little difference. These findings indicate that forensic medical evidence is inherently complex for a layperson to fully comprehend, regardless of the presentation format.
... Visual aids have been empirically evaluated for courtroom use and are usually compared with oral explanations since much of the communication in court happens orally. For example, comparison evaluations have been conducted for jury comprehension of judicial instructions supported by computer animations and flow charts [4], presenting expert evidence using computer simulations [19] or as a video sequence with visual animations [21,25]. There has also been a study on the impact of a forensic scientist presenting an interactive threedimensional environment for either defence or prosecution [47]. ...
... 11 Jackson and Tan (2013) consider a similar setup wherein experts hold verifiable information, but the final decision is made by a distinct group of voters. 12 Pennington and Hastie (1992) carry out experiments to show that subjects made more confident decisions when evidence is organized as a narrative rather than by legal issue; Kassin and Dunn (1997) conclude that computer-animated displays have greater impact than oral testimony on mock jurors. received three guilty signals, one innocent signal, and five uninformative signals. ...
Article
Full-text available
We analyze a model of binary choice by a committee, when information is hard and pre-voting deliberation is allowed. Each member has, independently of the others, a positive probability of getting a private signal about the true state; with the remaining probability the member is uninformed. Hard information means that lying is disallowed during deliberation—informed members can reveal publicly or hide their signals, while uninformed voters have to disclose their ignorance. We allow non-consequentialist members whose thresholds for switching to the non-status-quo action vary with the number of informative signals. We show that in general, committee members will never reveal information fully during deliberation, even when we rule out partisan types who want the same action in all states. In particular, unanimity rule performs no worse than other rules.
... There have been research studies which have investigated and considered the effects and impact that evidence presentation methods may have on jurors' decisions in the courtroom (Schofield 2016;Schofield and Fowle 2013;Dahir 2011;Kassin and Dunn 1997;Dunn et al. 2006;Schofield 2011). Alternative research has started to develop our understanding of the effects that technology may have on jurors and the decisions which they make in the courtroom (Burton et al. 2005). ...
Article
Full-text available
Background The ability to present complex forensic evidence in a courtroom in a manner that is fully comprehensible to all stakeholders remains problematic. Individual subjective interpretations may impede a collective and correct understanding of the complex environments and the evidence therein presented to them. This is not fully facilitated or assisted in any way with current non-technological evidence presentation methods such as poor resolution black and white photocopies or unidimensional photographs of complex 3D environments. Given the wide availability of relatively cheap technology, such as tablets, smartphones and laptops, there is evidence to suggest that individuals are already used to receiving visually complex information in relatively short periods of time such as is available in a court hearing. courtrooms could learn from this more generic widespread use of technology and have demonstrated their ability to do so in part by their adoption of the use of tablets for Magistrates. The aim of this current study was to identify the types of digital technology being used in courts and to obtain data from police personnel presenting digital evidence in court. Results A questionnaire study was conducted in this research to explore current technology used within courtrooms from the perspective of crime scene personnel involved in the presentation of complex crime scene evidence. The study demonstrated that whilst many of the participants currently utilize high-end technological solutions to document their crime scenes, such as 360° photography or laser scanning technologies, their ability to present such evidence was hindered or prevented. This was most likely due to either a lack of existing technology installed in the court, or due to a lack of interoperability between new and existing technology. Conclusion This study has contributed to this academic field by publishing real life experiences of crime scene examiner’s, who have used advanced technology to record and evaluate crime scenes but are limited in their scope for sharing this information with the court due to technological insufficiency. Contemporary recording techniques have provided the opportunity for further review of crime scenes, which is considered to be a valuable property over previous documentation practice, which relied upon the competency of the investigator to comprehensively capture the scene, often in a single opportunity.
... However, they find very often difficulties to explain the rational reasons behind their interest and even to recall the most relevant content of these ads. Saul et al. [KD97] demonstrated that the persuasive power of animation can be used to facilitate the judgment of jurors but it can also mislead them toward false judgments. ...
Thesis
Despite their increasing popularity and omnipresence in modern graphical interfaces, anima-tions are still largely under-comprehended. While prior research and practice provide usefulinsights about the merits and downsides of animation, it is still unclear what makes a goodand effective animation that improves the usability and expressivity of graphical interfaces.The disparity of opinions about the value of animation is mainly due to the fact that most ofprevious studies have investigated the benefit of adding a particular animation to a particularinterface, leaving a notable gap in the deep understanding of the many design aspects thatinfluence the performance of animation. Prior research have also predominantly assessedthe value of animation through a narrow empirical angle, which had left several facets ofanimation unveiled.This thesis contributes a first constructive step toward better understanding the vast designspace of animation and mapping out the various merits of animation that can enrich userinterfaces from different perspectives. We first provide a structured view of the roles anddrawbacks of animation in user interfaces. We then present the theoretical fundamentals foranimation in information visualization. We discuss the main challenges for designing andevaluating animation in dynamic visualizations. Through an empirical study, we investigatethe meaning of the Common Fate Law, applied on animation trajectories, in dynamic visual-izations. We then introduce a design space that allows a holistic characterization of stagedanimation and propose an authoring tool to support the prototyping and exploration of stagingin visualizations.
Article
This study explored the experiences of Indigenous families in the family justice system of marriage and child support from the perspective views of legal and frontline family justice personnel. It employed the qualitative study adapting the phenological approach. An interview guide was used to elicit the necessary information. The researcher used video recording and audio recording to document the responses of the participants of the study and used thematic analysis to analyze the data gathered. Based on the study results, the system promotes peace & order and resolves conflict easily, which is the main objective of the Bodong Justice system in general. In addition, it gives an opportunity for the less fortunate to settle disputes in a very bureaucratic way of the formal court. However, it has been noticed that some are still misguided on the process, especially today’s youth who were raised in the modern way of life and were not brought up by the traditional ways and culture due to modernization.
Chapter
Forensic animation is the use of digital animation technologies to recreate or simulate an event for use as probative evidence in a court proceeding. Acceptance by courts of this technology varies by jurisdiction. Some courts disallow its use because of the technology's prejudicial impact when weighed against the probative value and perceived tendency to bias jurors; such courts typically do not consider the relevant legal psychology research. This article examines the body of scientific evidence with respect to value of the technology, with a focus on criminal proceedings. It concludes with a policy recommendation for courts to employ in light of these considerations.
Article
Forensic animation is the use of digital animation technologies to recreate or simulate an event for use as probative evidence in a court proceeding. Acceptance by courts of this technology varies by jurisdiction. Some courts disallow its use because of the technology's prejudicial impact when weighed against the probative value and perceived tendency to bias jurors; such courts typically do not consider the relevant legal psychology research. This article examines the body of scientific evidence with respect to value of the technology, with a focus on criminal proceedings. It concludes with a policy recommendation for courts to employ in light of these considerations.
Article
Full-text available
Article
Full-text available
Discusses the social interaction sequence (SIS) model, which represents the group decision-making process in terms of the sequential choice behavior—changes in preference and certainty—of group members. This model states that the probabilities of preference and certainty changes are related to the current distribution of opinion in the group. An application of the SIS model to a study of jury decision making (G. Strasser, 1977) is presented, and results of earlier empirical studies are predicted by a computer simulation version of the model. Shift and opinion change versions of the model are proposed, with both extensions incorporating the concept of a characteristic certainty distribution. Characteristic certainty distributions are used to examine the expected effects of group size and assigned-decision rule on members' confidence in a group's decision. (57 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
Hypothesized that information which is disproportionately available in memory will have a correspondingly disproportionate impact on evaluative judgments. In a mock jury decision, the availability of selected information in memory was varied according to the relative vividness of the evidence (prosecution evidence more vivid or defense evidence more vivid) and the favorableness of the defendant ("good guy" or "bad guy"). 54 university students judged the defendant's guilt immediately and after 48 hrs; in addition, they recalled the evidence after the 48-hr interval. Ss recalled more vivid evidence and more evidence that disagreed with the defendant's favorableness. Their judgments of apparent guilt paralleled their differential recall of the prosecution and defense evidence. These availability differences occurred only after the retention interval and did not affect judgments given immediately after reading the arguments. Results support a model in which judgments are based on the availability and the diagnosticity of the information. (26 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
Investigated the role of representation of evidence in the decision processes of 26 21–73 yr old experienced jurors to test a 3-stage story model of juror decision making. The 3 stages are evidence evaluation through story construction, decision alternative representation (verdict category establishment for the juror task), and story classification (selecting the verdict category that best fits the story based on the evidence). Ss made individual decisions on the verdicts for a filmed murder trial. Extensive interviews were conducted to determine Ss' cognitive representations of the evidence in the case, the verdict categories presented in the trial judge's instructions, and the procedures they were to follow according to law to reach a verdict. Results indicate, as hypothesized, that the trial evidence was represented in a story form. Differences among Ss in cognitive representations of evidence were correlated with their verdicts, although other aspects of the decision process (verdict category representations, application of the standard of proof procedural instruction) were not. It is concluded that adequate theories of decision making must emphasize cognitive aspects of performance, such as the representation of evidence. (64 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
Investigates the Story Model, N. Pennington and R. Hastie's (1986, 1988) explanation-based theory of decision making for juror decisions. In Exp 1, varying the ease with which stories could be constructed affected verdict judgments and the impact of credibility evidence. Memory for evidence in all conditions was equivalent, implying that the story structure was a mediator of decisions and of the impact of credibility evidence. In Exps 2 and 3, Ss evaluated the evidence in 3 ways. When Ss made a global judgment at the end of the case, their judgment processes followed the prescriptions of the Story Model, not of Bayesian or linear updating models. When Ss made item-by-item judgments after each evidence block, linear anchor and adjust models described their judgments. In conditions in which story construction strategies were more likely to be used, story completeness had greater effects on decisions. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
The 1st study extrapolated earlier findings (J. H. Davis et al; see record 1989-15329-001) that the critical 4th voter in 6-person mock juries evenly divided between guilty- and not-guilty-inclined jurors (3,3) were significantly influenced by the preceding sequence (guilty or not-guilty faction voting first) and timing of a straw poll. Results implied that both procedural variables would have an effect on jury verdict distributions, but their magnitude was surprisingly low, especially for sequence. Exp 2 focused only on sequential voting in (4,2) groups in which sequential voting by majority-minority factions first was again observed to influence critical individuals, although the effect was sharply mediated by the "leniency bias." The additional empirical parameter estimates permitted a more comprehensive exploration of probable verdict consequences. Results showed that group-level decisions, under the particular conditions studied, remained counterintuitively robust against significant social influence pressures observed at the individual level, and familiar from numerous studies of conformity and minority influence. Discussion emphasized conceptual hazards associated with inferring group-level actions from individual member behavior. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
Outlines a stochastic model of the group decision-making process: the social transition scheme model. Two key assumptions are identified: (1) The path-independence assumption holds that where the group goes next depends on its current state but not on how it reached that state, and (2) the stationarity assumption holds that the likelihood of any particular movement toward consensus does not depend on how long the group has been deliberating. The deliberations of mock juries were analyzed to see whether the process was path independent and stationary; 126 female and 156 male undergraduates were Ss. In addition, the effects of group experience, member sex, and deliberation time limits in the decision-making process were examined. Results show that the process was path dependent and nonstationary. The path dependence reflected a momentum effect: Groups tended to continue in the direction in which they had just moved. However, incorrectly assuming path independence and stationarity had little effect on the predictive accuracy of the model. Group experience speeded up movement when the group was sharply divided. Member sex and time limitations had no effect on the decision process. The relevance of the latter result for simulation research on juries is discussed. (50 ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
The consensus among authors in the area of juridic decision making is that trial jurors often readily disregard judicial instructions to ignore inadmissible evidence. Perhaps, however, the moderating influence of a key methodological variable-the presence or absence of group deliberations-has been overlooked by those making this assertion. It was hypothesized that mock juries (who participate in deliberations) would be more likely to follow judicial instructions to ignore inadmissible testimony than mock jurors (responding individually, without deliberations). Results supported this hypothesis.