Archive
of selected writings:
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Novel
Scientific Evidence and Controversial Cases: A Social
Psychological Examination, John S. DeWitt, James T. Richardson
& Lyle G. Warner, 21 Law & Psychology Review, 1 (1997).
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DeWitt,
John S.
1991
(PhD Dissertation)
Novel Scientific Evidence and the Juror
PDF
version - view or download here
Abstract
The
research investigated some potential
limitations on the ability of jurors to reach fair and impartial
decisions in a
case involving novel scientific evidence. It was hypothesized
that
preexisting juror biases would adversely affect juror decisions, as
would the
expert testimony offered, whether reliable or unreliable (because
jurors would
give it undue weight when it supported their preexisting biases).
These
two variables were tested in a 2 x 2 factorial design. The
effects of two
other variables - need for cognition and locus of control, were also
tested.
A
mock jury methodology was employed in which
64 subjects heard testimony in a case involving allegations of
brainwashing by
religious cults. Jurors then responded to attitude assessment
instruments,
deliberated, and reached individual verdicts, and once again responded
to
attitude assessment instruments.
In accordance with predictions, jurors with stronger attitude schemas
(preexisting biases) exhibited significantly stronger pro-plaintiff
attitudes
on pre and post-deliberation attitude measures. Two other
independent
variables, expert testimony and juror locus of control, were also found
to be
significantly related to some of dependent measures. Only one
independent
variable, juror need for cognition, was significantly related to actual
verdicts however; jurors who were high in need for cognition tended to
find for
the defendant, and those low in need for cognition tended to find for
the
plaintiff. The research has implications for the Frye-relevancy
controversy, which involves whether to allow as evidence expert
testimony that
has not achieved general acceptance within a specifically relevant
field.
The findings support the hypothesis that jurors who are low in
motivation are
not as likely as others to scrutinize the issue-relevant arguments in
such
cases, and are more likely to be guided by their initial biases.
They
also support the contention of those who support the Frye doctrine for
the
admissibility of novel scientific evidence that unreliable expert
testimony
might unduly influence jurors and therefore should be disallowed.
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Title:
The Impact of Court-Annexed Arbitration on the Pace, Cost, and
Quality of
Civil Justice in Clark County, Nevada
Author:
DeWitt, John S., Dobbin, Shirley A. and Gatowski, Sophia
Date:
1994
Synopsis:
To address the problem of a rapid increase in court caseloads, the
Supreme
Court of Nevada established a system of mandatory, non-binding
arbitration for
cases valued at less than $25,000 in Clark and Washoe Counties. The
programs
started on July 1, 1992. An evaluation of the program in Clark County
compared
483 cases that were mediated to 514 cases that were filed in 1990.
Additionally, questionnaires were sent to litigants and attorneys,
interviews
were conducted with court personnel, and focus groups were conducted
with
arbitrators and attorneys who had experience with arbitration. The
study found
that a trial de novo was requested in 25.9% of cases, that the
arbitration program
reduced the district court civil caseload by over 40%, that the pace of
litigation was quickened, that costs to the litigants were reported to
be
lower, that the costs to the state are minimal, and that the program
had a
positive effect on the quality of justice.
Publisher:
State Justice Institute
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