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Illusions of Knowledge? The Effect of Probative and Non-Probative Diagrams on Mock Jurors’ Interpretation of Skeletal Evidence
Graduate Thesis/Dissertation   Open access

Illusions of Knowledge? The Effect of Probative and Non-Probative Diagrams on Mock Jurors’ Interpretation of Skeletal Evidence

Haley Jane Pickett
Master of Science - MSc, University of Otago
30/05/2024
Handle:
https://hdl.handle.net/10523/27640

Abstract

expert evidence jurors decision-making visual aids skeletal evidence comprehension

Expert evidence can be very difficult for jurors to understand. To overcome this

problem, experts often use visual aids to help convey their testimony. But although

visual aids can help with retention and learning, they could also have unintended

negative effects. More specifically, the increase in cognitive fluency associated with

visual aids might lead jurors to judge expert testimony more positively, to see it as more

true, and to believe they understand it better than they actually do. To test this

possibility, we exposed mock jurors (N = 834) to a simulated gunshot homicide case in

which the defence argued that the death was an accident. Jurors read a transcript of

skeletal trauma evidence provided by a forensic anthropologist, accompanied either by

probative skeletal diagrams, non-probative skeletal diagrams, or no diagrams. We also

manipulated whether the expert was called by the prosecution lawyer or the defence

lawyer. Both diagram conditions increased mock jurors’ self-reported comprehension of

the evidence—but only when the evidence was presented by the prosecution. There

was, however, no increase in objective comprehension. Furthermore, regardless of

lawyer, both diagram conditions increased mock jurors’ confidence in their verdict. No

differences were found between non-probative and probative diagram conditions.

Although all these effects were small, our results suggest that, despite their high face

value, skeletal diagrams might only create an illusion of understanding. These findings

have important implications, both for decision-making theory and for the way in which

evidence is presented to jurors.

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