Jorp Vol 3 No 2 2 PDF

RWU
Journal of
Research in
Psychology
Volume 3, No. 2
Dangerous Criminals or Misunderstood? Assessing Police Perceptions of the Mentally Ill
Amy Roach ..................................................................................................................................... 300-323
An Affect Infusion Path Model: Jurors’ Use of Processing Strategies in a Capital Trial
Paradigm
Emily Jean Pammett ...................................................................................................................... 324-355
The Impact of Priming, Legal Attitudes, and Media Exposure on Perceptions of

Defendants
Elizabeth Magner ........................................................................................................................... 356-388
The Differential Influence of Pathological Gambling and Defendant Gender on

Capital Sentencing Decisions
Amber Monck ................................................................................................................................ 389-400
A JOURNAL OF THE
Psychology Department of
Roger Williams University
RWU
Journal of
Research in
Psychology
Welcome to Volume Three, Issue Two of the RWU Journal of Research in Psychology.
This Issue features senior thesis projects addressing important empirical questions
in the area of psychology and law. I’m sure you will enjoy reading their
experimental investigations into timely and relevant issues in legal psychology.
Congratulations to our student authors!
Dr. Judith Platania

EDITOR
INSTRUCTIONS FOR CONTRIBUTORS
All manuscripts are to be double-spaced, follow APA guidelines of the 6th edition of
the Publications Manual, and should be produced on a computer. To submit a
manuscript to the journal, please send a Microsoft Word version of the paper to Dr.
Judith Platania at jplatania@rwu.edu, along with your name, email address, a phone
number at which you can be reached and a permanent mailing address. Please place
JORP on the subject line of your email. Manuscripts can also be sent to
submissions@jorponline.com, following the same instructions as above.
RWU Journal of Research in Psychology 2012, Volume 3, No. 2, 300-400
Dangerous Criminals or Misunderstood?

Assessing Police Perceptions of the Mentally Ill
Amy Roach
Typically, police officers are the first to respond to a potentially dangerous mentally ill
person. Therefore, it is important to understand how they perceive and respond to
mentally ill persons. In the current study, sixty police officers read one of six vignettes
involving a call to investigate a suspicious male loitering behind a store. The vignettes
differed on perceived severity of mental illness (mild v. severe) and mental illness type
(schizophrenia v. antisocial personality disorder v. everyday troubles). Overall, police
perceived suspects displaying symptoms consistent with schizophrenia and antisocial
personality disorder as more dangerous and more likely to detain compared to the other
conditions. Based on these findings, more training is recommended for police officers to
help recognize symptoms of mental illness.
Keywords: mental illness, perceptions, dangerousness
The number of people diagnosed with impact on everyday behaviors including

mental illnesses has steadily increased and is seeking treatment, advancing in the
now considered one of the most frequent workplace, and public perceptions of fear,
health conditions in the world (Hugo, mistrust and violence (Hugo et al., 2003;
Boshoff, Traut, Zungu-Dirwayi, & Stein, Dietrich, Beck, Bujantugs, Kenzine,
2003). Researchers estimate that 25 % of Matschinger, & Angermeyer, 2004).
the world population will be affected by a
mental illness at some point in their lifetime Link and Phelan (2001) argued that
(Hugo et al., 2003). In the United States, this stigmatization occurs in stages and this
percentage is even higher with an estimated process consists of four primary
28 % of the adult population experiencing a components. First, a socially selected
diagnosable mental illness in their lifetime human difference is distinguished and
(Martinez, Piff, Mendoza-Denton, & labeled. Second, a connection is made
Hinshaw, 2011). Despite the growing between the socially assigned label and the
population of mentally ill persons and the negative stereotype. Third, a separation of
available treatment programs, they are in-groups and the negatively stereotyped
among the most stigmatized and out-groups occurs which leads to the final
misunderstood populations (Alexander & stage of discrimination towards the out-
Link, 2003). Despite efforts to reduce the groups. The stigmatization of mentally ill
burden of stigmas for mentally ill persons, a persons lies in the comparisons made
recent study found an increase in this between those suffering from mental illness
disturbing pattern, particularly for severe and those who are not. This ultimately leads
mental illnesses such as schizophrenia to rejection and exclusion for people
(Link, Phelan, Bresnahan, Stueve, & displaying behaviors or symptoms that are
Pescosolido, 1999). This increasing stigma perceived as strange (Baumann, 2007).
towards psychiatric patients has a significant Researchers argue that the desire to
POLICE PERCEPTIONS OF THE MENTALLY ILL 301
distinguish between in-groups (non-mentally which may be more debilitating than the
ill population) and out-groups (mentally ill disorder itself, is the social rejection and
population) results from a lack of knowledge distance that comes from the stigma of
and understanding of mental illnesses mental illnesses. Social distance is
(Gaebel, Zäske, & Baumann, 2006). Gaebel, considered among the most harmful effects
Zäske, and Baumann (2006) found in a of mental illness stigmatization (Feldman &
review of population surveys that Crandall, 2007). It becomes increasingly
laypeople’s have a limited understanding of damaging since the desire for social distance
mental illness and focus on the symptoms increases with the severity of a mental
and visible aspects of the displayed illness (Kasow & Weisskirch, 2010).
behavior. This strategy allowed participants
to accurately perceive differences in the People with mental illnesses often do
severity of mental illnesses, but not not seek treatments due to fear of
differentiate between specific mental stigmatization and discrimination (Hugo, et
illnesses. Klin and Lemish (2008) further al. 2003; Martinez, et al. 2011). A general
noted that American media has further mental illness label can lead to reductions in
exacerbated the stigmatization of psychiatric ascribed humanity and increased perceptions
patients by portraying them as violent and of dangerousness. Although it is estimated
rebellious. Although misunderstandings and that 28% of adults in the United States of
lack of knowledge regarding mental America have a diagnosable mental illness
illnesses are leading contributors to the only 8% seek treatment. Discrimination
stigmatization of the mentally ill, additional against mentally ill persons is well
characteristics have been identified and documented (Feldman & Crandall, 2007)
linked to this rise in stigmatization (Feldman and can reduce the quality of life for those
& Crandall, 2007). individuals (Hugo et al., 2003). Negative
attitudes towards people suffering from
Feldman and Crandall (2007) suggested mental illness have been well documented in
that perceived personal responsibility, the general population (Martinez et al.,
perceived dangerousness, and perceived 2011). The impact of these attitudes towards
rarity of illness cause stigmatization of psychiatric patients is profound and
mentally ill persons and result in decreases their ability to attend educational
discrimination and social rejection. programs, obtain employment (Feldman &
Researchers have utilized a variety of Crandall, 2007), and housing (Klin &
measures to assess stigmatization (Dietrich Lemish, 2008). Even psychiatrists and
et al., 2004; Gaebel et al., 2006). One mental health professionals have been found
common measure is participants’ desire for to perpetuate labels and stigmatization of
social distance or the amount of distance mentally ill persons (Dubin & Fink, 1992;
individuals would place between themselves Kloss & Lisman, 2003). Discrimination
and mentally ill persons (Dietrich et al., towards the mentally ill also comes from
2004). Thus, mental illnesses that lead to the various segments of the general population.
greatest desire for social distance are Previous research has shown that mentally
perceived to be highest in personal ill people are denied jobs, have difficulty
responsibility, dangerousness, and rarity finding housing (Feldman & Crandall, 2007)
(Feldman & Crandall, 2007). Desire by and are not wanted in educational settings
laypersons to increase social distance from (Becker, Martin, Wajeeh, Ward, & Shern,
persons displaying behaviors consistent with 2002). Phelan and Basow (2007) suggested
mentally illness is alarming. Feldman and that perceived dangerousness of mentally ill
Crandall (2007) noted that psychiatric persons is the leading cause of
patients are harmed both internally and discrimination, stigmatization and the desire
externally. The direct effects of the disorder for social distance.
cause the internal harm. The external harm,
Symptoms of mental illness are strongly increased perceptions of dangerousness

connected with a stereotype of particularly for specific populations
dangerousness and public fears about including law enforcement, mental health
potential violence (Link et al., 1999). Link et professionals, and employers (Phelan &
al. (1999) had participants read one of five Link, 1998). Given the frequency of contact
vignettes depicting a person exhibiting with mentally ill persons, the present study
symptoms of a mental illness. Results will focus on police perceptions of mentally
indicated that symptoms played the largest ill persons.
role in determine perceived dangerousness
not knowledge of mental illness (Link et al., Police encounters with the mentally ill
1999). Ratings of dangerousness and desire have been steadily increasing and it is now
for social distance was even higher when estimated that 7 % of all police officers’
participants were able to accurately label a official contacts nationwide involve a
person in the vignettes as mentally ill mentally ill person (Sellers, Sullivan,
(Phelan & Basow, 2007). These findings Veysey, & Shane, 2005). Given the
indicate that even without a distinct mental emphasis on the relationship between mental
illness label, people who exhibit mental illness and violence, it is important to
illness symptoms cause fear of potential examine how police perceptions of
violence and the desire for social distance. dangerousness may influence their
interactions and decision-making when
Perceived dangerousness is often dealing with mentally ill people (Church,
considered the leading cause of social Baldwin, Brannen, & Clements, 2009).
rejection and distance for people with Sellers et al. (2005) argued that police
mental illnesses (Martinez et al., 2011). This become the primary mental health resource
perception is exacerbated by the media, to distressed citizens because they are
which often depict mental ill persons as required to provide necessary services to
dangerous (Alexander & Link, 2003). This citizens and often times are the first to arrive
inaccurate portrayal of mental ill persons at a scene involving disturbance. Unlike
lacks empirical support. In contrast, the other citizens who desire and can choose to
research shows an inverse relationship remain socially distant from mentally ill
between dangerousness and contact persons, police are required to interact with
(Alexander & Link, 2003). Unfortunately, the mentally ill on a daily basis (Sellers et
this lack of interaction between laypersons al., 2005). Although a significant amount of
and persons suffering from any mental previous research has looked at the
illness is likely to remain low because they stigmatization of the mentally ill and how
are perceived as dangerous “strangers” who that stigma affects lay peoples’ perception,
should be avoided (Baumann, 2007). there is a limited amount of experimental
Despite massive nationwide attempts to research that examines police stigmatization,
decrease the stigmatization of the mentally perceptions, and decision making regarding
ill, the perceptions of dangerousness have potential offenders displaying symptoms of
not decreased over time; since the 1950s mental illness (Teplin, 1983).
Americans’ perceptions of dangerousness
have actually increased (Phelan & Link, Previous research on the interaction of
1998). Phelan and Link suggested that this mentally ill populations and criminal justice
increase in the public’s perception of professionals has focused on the
dangerousness might be due to the growing “criminalization of mentally-disordered
knowledge about dangerousness criterion for behavior” and the high rates of mentally ill
civilly committing a person with a mental people in the criminal justice system (Lamb,
illness. Given the pervasive stereotypes and Weinberger, & Gross, 2004). Arrests among
growing number of mental illness types, it the mentally ill are unusually high with an
behooves researchers to further examine the estimated one million arrests annually
(Constantine et al., 2010). Police often have special units, mobile mental health teams, or
three choices when responding to a call a team of social workers (Borum, Deane,
regarding a mentally ill person, arrest them, Steadman, & Morrissey, 1998).
settle the issue informally, or initiate a
mental health referral (Teplin, 1983). Although more specialized intervention
Archival records show law enforcement strategies have been developed to stop
often chooses to arrest mentally ill persons inappropriate arrests of the mentally ill
since it is typically the least cumbersome of (Sellers et al., 2005) police report low
the options (Sellers et al., 2005; Teplin, satisfaction on their training and outcomes
1983). The present study examines the role of their interactions with the mentally ill are
of police stigmas and perceptions of often not what they desired (Well & Schafer,
dangerousness in this decision making 2006). In 2006, McBrien and Murphy
process. conducted an experiment with mental health
caretakers and police officers and found that
Friedman (2006) suggested that police caretakers of the mentally ill hesitate to call
perceptions of increased dangerousness and police because they assume the police will
the mentally ill might be a function of the arrest or detain that individual. In contrast,
large amount of mentally ill offenders in the the police officers believed the crime should
criminal justice system. However, Friedman be reported. Unfortunately, the existing
argued that by definition alone, citizens who literature does not provide a definitive
are arrested or incarcerated are more likely answer that adequately explains this
to be violent. This stereotype relies on a seemingly negative relationship between
truncated population that is not police officers and the mentally ill.
representative of the general population of
mentally ill people. He suggests that a more An increasing number of mentally ill
accurate and less biased assessment of the people are residing within the community
risk of violence from the mentally ill and police are often the first responders
population is needed. The risk of violence when an issue with the mentally ill arises
from the mentally ill population has been (Teplin, 1983). When police officers arrive
estimated to be only 3 % to 5 %, but still at a scene, they report difficulty identifying
mentally ill people are arrested at a higher mental illness type amongst people they
rate than the general population interact with (Riordan, Wix, Kenney-
(Constantine et al., 2010). Thus, it is Herbert, & Humphreys, 2000). Given the
important to consider the interactions lack of systematic training across police
between police officers and mentally ill academies, it is not unreasonable to question
persons and whether these interactions are if the same stigmatization of the mentally ill
the primary cause of the high arrest rate. by the general public is displayed by police
officers and therefore influences how an
Over the past two decades police encounter with a mentally ill person is
encounters with the mentally ill has begun to handled. If police officers stigmatize and
receive more attention in the literature, but perceive mentally ill people as more
this attention often occurs out of controversy dangerous this may increase the likelihood
such as fatal encounters between police and of detaining and arresting those individuals.
the mentally ill (Chappell, 2010). To date, Given the nascent research in this area, it is
the current research examining police and imperative that additional experimental
mentally ill persons focuses on reducing risk studies are conducted examining police
and injury when police and the mentally ill perceptions of mentally ill persons.
interact. Furthermore, traditional police
training on approaching and dealing with The present study was a 2 (Perceived
mentally ill persons is unsystematic Severity: mild v. severe) x 3 (Mental Illness
involving different personnel including: Type: schizophrenia v. antisocial personality
disorder v. everyday troubles) between Islander, and one (1.7%) of the participants
subjects design designed to investigate listed other. Six (10%) participants had
police perceptions and reactions to a served as a police officer for 5-9 years, nine
scenario involving a mentally ill individual. participants (15 %) had served as a police
Perceptions and reactions to the mentally ill officer for 10-14 years, 17 (28.3%)
individual were measured on a 7 point participants served as a police officer for 15-
Likert scale across eight different categories: 19 years, 18 (30%) participants had served
dangerousness, fear of mental illness, as a police officer for 20-24 years, seven
perceived causes, treatment, sympathy, (11.7 %) participants had served as a police
social distance, recidivism, and training. It officer for 25-29 years, and two participants
was predicted that participants who read (3.3 %) listed other and indicated that they
scenarios with severe mental illnesses were had served as a police officer for over 30
more likely to rate the individual as more years. Fifty-four participants (90 %) had
dangerous, be more socially distant, more received specific training on how to handle
fearful and more likely to use force than people with mental illnesses. Participants
participants who read scenarios depicting an were randomly assigned to one of six
individual with a mild mental illness. It was conditions.
also predicted that participants who read
scenarios depicting a person displaying Materials
schizophrenic symptoms would be more
likely to rate that individual higher in Participants were given one of six
dangerousness, higher desire to be socially vignettes depicting a person exhibiting
distant, more fearful, and more likely to use symptoms of one of two mental illnesses or
force compared to participants who read the mental troubles (schizophrenia, antisocial
scenarios with an individual with antisocial personality disorder, and everyday troubles).
personality disorder. It was further predicted The vignettes were approximately 120
that participants would rate the individual words and described a police officer
with antisocial personality disorder as more responding to a call from a concerned
dangerous, more socially distant, and more citizen. See Appendix for experimental
likely to use force than participants who vignettes. Once arriving at the scene, they
read the scenarios depicting a person with observed a person behaving in accordance to
everyday troubles. A significant interaction one of the six conditions: schizophrenia-
was also predicted for perceived severity mild, schizophrenia-severe, antisocial
and mental illness type. personality disorder-mild, antisocial
personality disorder-severe, everyday
Method troubles-mild, and everyday troubles-severe.
The six vignettes varied only on the person’s
Participants exhibited symptoms and perceived severity
of those symptoms. The symptoms exhibited
The study consisted of 60 participants for schizophrenia and antisocial personality
(55 male, 5 female) all of whom voluntarily disorder match DSM-IV-TR diagnostic
agreed to participate. The sample consisted criteria for those illnesses (delusions,
of police officers from a large Northeastern hallucinations, and confusion for
police department. Three (5%) participants schizophrenia and disinhibition,
were between the ages of 25-34, 33 (55 %) manipulativeness, and risk taking for
were between the ages of 35-44, 22 (36.7 %) antisocial personality disorder). For the
were between the ages of 45-55, and two suspect exhibiting behaviors consistent with
(3.3 %) were between the ages of 55-64. everyday troubles the symptoms included
Fifty-eight (96.7) of the participants were distress, emotional reaction, and despair. In
Caucasian/White/European American, one three of the vignettes the person’s symptoms
(1.7%) of the participants was Asian/Pacific and behavior were depicted as mild (e.g.,
schizophrenia: covers his ears with his hands internal consistency. Items in these
and continues to say; antisocial personality constructs were found to be internally
disorder: apologizes for his actions and consistent; negatively keyed items were
claims he would never do anything wrong; recoded and responses to the items within
and everyday troubles: becomes upset) and each construct were averaged and used to
in the other three vignettes they were form six scales. For a list of scales and
depicted as severe (schizophrenia: begins coefficient α values, means, medians, and
making aggressive gestures and continues to ranges, see Table. A higher score indicates
shout; antisocial personality disorder: greater perceived dangerousness, fear,
increasingly enraged and oppositional; and sympathy, etc.
everyday troubles becomes overwrought
with emotions). Dangerousness
The measures consisted of thirty-seven A 2 (perceived severity) X 3 (mental

items, which were grouped across eight illness type) analysis of variance (ANOVA)
categories: dangerousness, fear, perceived was used on the eight-item Dangerousness
causes, sympathy, beliefs about detainment, scale. A main effect for mental illness type
and mental illness training (see Appendix D was produced, F(2, 54) = 6.14, p = .004,
for complete questionnaire). Participants ηp2 = .185. A Least Significant Difference
responded to each item on a scale ranging (LSD) post-hoc test revealed that police
from 1 (not at all: dangerous, fearful, etc.) to officers who read scenarios depicting
7 (extremely dangerous, fearful, etc.). schizophrenia (M = 38.8) and antisocial
Demographic items assessing gender, personality disorder (M = 35.8) rated
ethnicity, years on the force, and training Michael as more dangerous than police
were also developed. officers who read scenarios depicting
everyday troubles (M = 30.5), with the first
Procedure two means not differing significantly from
one another. A main effect for perceived
Participants were given two envelopes; severity was also produced, F(2, 54) = 5.62,
one contained an informed consent and the p = .021, ηp2 = .094. Police officers who
other contained one vignette and one read scenarios with perceived severe mental
questionnaire. Participants were instructed illnesses rated Michael as more dangerous
to first complete the informed consent and (M = 37.3) than police officers that read
placed it back into the envelope. Participants scenarios with perceived mild mental
were then instructed to remove the one illnesses (M = 32.7).
vignette they were randomly assigned to
read. Once participants finished reading the Fear
vignette they responded to the 37-item
questionnaire designed to assess their A 2 (perceived severity) X 3 (mental
perceptions of the mentally ill person illness type) ANOVA was used on the three-
depicted in the vignette. After completing item Fear scale and a main effect for mental
the questionnaire participants placed it in a illness type was produced, F(2, 54) = 6.79,
second envelope, sealed it, and returned it to p = .002, ηp2 = .201. A LSD post-hoc test
a predetermined location. revealed that police officers who read
scenarios depicting schizophrenia
Results (M = 13.3) and antisocial personality
disorder (M = 13.7) were more likely to fear
Items assessing the constructs of approaching Michael than police officers
perceived dangerousness, fear, perceived who read scenarios depicting everyday
causes, sympathy, beliefs about detainment, troubles (M = 10.1), with the first two means
and mental illness training were assessed for not differing significantly from one another.
more likely to believe that Michael needed

Causes to be detained than police officers who read
scenarios depicting everyday troubles
A 2 (perceived severity) X 3 (mental (M = 15.35), with the first two means not
illness type) ANOVA was used on the four- differing significantly from one another. A
item Causes scale and a main effect for main effect for perceived severity was also
mental illness type was produced, F(2, 54) = produced, F(2, 54) = 4.14, p = .047, ηp2 =
9.31, p < .001, ηp2 = .256. A LSD post-hoc .071. Police officers who read scenarios with
test revealed that police officers who read perceived severe mental illnesses were more
scenarios depicting schizophrenia were less likely to believe that Michael needed to be
likely to consider Michael’s behavior to be detained (M = 21.33) than police officers
caused by something within his own control that read scenarios with perceived mild
(M = 11.2) than police officers who read mental illnesses (M = 18.20). A significant
scenarios depicting antisocial personality perceived severity X mental illness type
disorder (M = 16.0) and police officers who interaction was found, F(2, 54) = 5.05, p =
read scenarios depicting everyday troubles .01, ηp2 = .158. See Figure 2 for interaction
(M = 15.8), with the latter two means not and means.
differing significantly from one another.
Training
Sympathy
A 2 (perceived severity) X 3 (mental illness
A 2 (perceived severity) X 3 (mental type) ANOVA was used on the four-item
illness type) ANOVA was used on the four- Training scale and a main effect for mental
item Sympathy scale and a main effect for illness type was produced, F(2, 54) = 6.06, p
mental illness type was produced, F(2, 54) = = .004, ηp2 = .183. A LSD post-hoc test
4.12, p = .022, ηp2 = .132. A LSD post-hoc revealed that police officers who read
test revealed that police officers who read scenarios depicting schizophrenia were
scenarios depicting schizophrenia were more significantly less likely to report having
likely to feel sympathetic towards Michael received significant training in dealing with
(M = 19.9) than police officers who read people like Michael (M = 15.40) than police
scenarios depicting antisocial personality officers who read scenarios depicting
disorder (M = 16.1) and neither means everyday troubles (M = 19.70), with neither
differed significantly from police officers two means differing significantly from
who read scenarios depicting everyday police officers who read scenarios depicting
troubles (M = 18.75). A significant antisocial personality disorder (M = 17.40).
perceived severity X mental illness type
interaction was also found, F(2, 54) = 3.32, Individual Items
p = .044, ηp2 = .110. See Figure 1 for
interaction and means. Six items that did not add internal
consistency to any of the six scales were
Detainment analyzed individually. Six 2 (perceived
severity) X 3 (mental illness type) ANOVAs
A 2 (perceived severity) X 3 (mental were conducted and significant main effects
illness type) ANOVA was used on the eight- were found for four of the six items. A main
item Detainment scale and a main effect for effect for mental illness type was found for
mental illness type was produced, F(2, 54) = the item “To what extent do you believe
9.01, p < .001, ηp2 = .250. A LSD post-hoc other people will avoid Michael?” F(2,54) =
test revealed that police officers who read 4.94, p = .011, ηp2 = .155. A LSD post-hoc
scenarios depicting schizophrenia test revealed that police officers who read
(M = 20.80) and antisocial personality scenarios depicting schizophrenia were
disorder (M = 23.15) were significantly significantly more likely to report believing
other people will avoid Michael (M = 6.20) everyday troubles (M = 3.75), with the latter
than police officers who read scenarios two means not differing significantly from
depicting everyday troubles (M = 5.15), with one another.
neither mean differing significantly from
antisocial personality disorder (M = 5.55). A Discussion
significant perceived severity X mental
illness type interaction was also found, F(2, The presence of either mental illness
54) = 3.36, p = .042, ηp2 = .111. See Figure 3 (schizophrenia or antisocial personality
for interaction and means. disorder) significantly influenced police
officers perceptions of the person in
A main effect for mental illness type question compared to suspect experiencing
was found for the item “To what extent everyday troubles. Overall, police officers
would you want to avoid Michael?” F(2, 54) rated a person exhibiting symptoms of
= 4.20, p = .020, ηp2 = .135. A LSD post-hoc schizophrenia or antisocial personality
test revealed that police officers who read disorder as more dangerous, more feared,
scenarios depicting antisocial personality and more likely to be detained than a person
disorder were significantly more likely to exhibiting everyday troubles. These findings
report wanting to avoid Michael (M = 4.20) are consistent with results of Link et al.
than police officers who reading scenarios (1999) who found that symptoms of mental
depicting schizophrenia (M = 2.85) and illnesses are strongly connected to
everyday troubles (M = 3.05), with the latter perceptions of dangerousness and fears
two means not differing significantly from about potential violence. Similarly, Feldman
one another. and Crandall (2007) found that perceived
dangerousness was directly related to
A main effect for mental illness type stigma. The presence of symptoms
was found for the item “How likely do you consistent with mental illness influenced
think Michael is to commit a crime in the police perceptions of the suspect and how
future?” F(2, 54) = 21.21, p < .001, ηp2 = they reacted to that person.
.440. A LSD post-hoc test revealed that
police officers who read scenarios depicting Feldman and Crandall (2007) found that
antisocial personality disorder were perceived dangerousness caused a greater
significantly more likely to report a high desire for social distance. However, despite
likelihood that Michael would commit a the fact that suspects displaying symptoms
crime in the future (M = 5.65) than police of schizophrenia or antisocial personality
officers who read scenarios depicting disorder were rated as more dangerous the
schizophrenia (M = 3.65) and everyday present study did not yield a main effect for
troubles (M = 3.15), with the latter two mental illness type and desire for social
means not differing significantly from one distance. Alexander and Link (2003) found
another. that if personal contact with a mentally ill
person increases the desire for distance
A main effect for mental illness type decreases. This finding was not replicated
was found for the item “It is likely that in the present study. This inconsistent
Michael has already committed a crime in finding may be due to the frequency of
the past”, F(2, 54) = 4.32, p = .018. A LSD interaction between police officers and
post-hoc test revealed that police officers mentally ill persons (Sellers et al., 2005).
that read scenarios depicting antisocial Thus, although mental illness type affected
personality disorder were significantly more police perceptions on all six scales
likely to believe Michael had already (dangerousness, fear, detained, etc.), police
committed a crime in the past (M = 5.15) did not desire social distance from mentally
than police officers who read scenarios ill people. This is consistent with Sellers et
depicting schizophrenia (M = 3.85) and al. (2005) who stated that police are required
to interact with persons suffering from severity was found for the question. “To
psychological disorders on a daily basis to what extent would you want to avoid
help maintain public safety. Michael?” implying that police officers did
not personally desire social distance from
Contrary to the hypothesis that a person Michael. However, the effect for severity on
depicting symptoms of schizophrenia would detainment could imply that police officers
be rated as the most dangerous, most feared, desire more social distance between Michael
and the most likely to be detained compared and the general population as the severity of
to antisocial personality disorder and the mental illness increases. Wells and
everyday troubles, schizophrenia and Schafer (2006) suggest that police officers
antisocial personality disorder did not differ often have a difficult time achieving an
significantly on those constructs. Police appropriate disposition when a mental
officers who read scenarios depicting illness is perceived as more severe and often
symptoms of schizophrenia or antisocial use arrest to handle the situation.
personality disorder rated Michael as more
dangerousness, were more fearful of A perceived severity and mental illness
approaching, and were more likely to detain type interaction was found for sympathy and
than police officers that read scenarios with detainment, and an individual item, “To
everyday troubles. In contrast, the what extent do you believe other people will
schizophrenia and antisocial personality avoid Michael?” The interaction on the
disorder conditions did not differ implying sympathy items indicated that police officers
that the presence of any mental illness was felt the most sympathy for Michael in the
strong enough to influence police perceived mild-schizophrenia condition and
perceptions. the least in the perceived mild-antisocial
personality disorder condition. These results
The hypothesis that police officers who could suggest that symptoms of perceived
read scenarios with perceived severe mild-antisocial personality disorder do not
symptoms would be more likely to rate appear to be indicative of a mental illness,
Michael as more dangerous, desire social but rather just an intractable person.
distance, and to feel as though they were not Symptoms of perceived mild-schizophrenia
adequately trained to handle the individual might evoke higher levels of sympathy
than police officers who read scenarios because they denote a truly troubled person.
depicting mild symptoms was partially
supported. Police officers who read The second interaction between mental
scenarios with severe symptoms were more illness type and severity was found on the
likely to detain Michael and perceive him as detainment scale. Police officers rated the
dangerousness than police officers that read most likelihood of detaining Michael in the
scenarios with mild symptoms. There was perceived severe-antisocial personality
no effect for severity on social distance or disorder condition and the least in the
training indicating that police officers did perceived severe-everyday troubles
not desire social distance and feel condition. These results can be explained by
adequately trained to handle even severely the aggressive gestures and behaviors (e.g.,
mentally ill suspects. displayed by the suspect in the severe
antisocial personality disorder condition
Severity of mental illness did influence compared to the everyday troubles suspect
perceptions on dangerousness and who appeared harmless and despairing).
detainment. These findings are consistent Perceived dangerousness is often considered
with those of Kasow and Weisskirch (2010) one of the leading causes of stigma
who found that the desire for social distance (Martinez et al., 2011). Therefore, police
tends to rise as the severity of mental illness officers are more likely to detain a person
increases. No main effect for perceived who appears more threatening, such as a
suspect with perceived severe-antisocial mentally ill person. The findings of the
personality disorder. present study also suggests that when police
officers encounter a mentally ill suspect,
The third interaction was found for an particularly one who is severely mentally ill,
individual item, “To what extent do you they resort to detainment rather than other
believe other people will avoid Michael?” options outlined by Teplin (1983) such as
Police officers indicated they believe people settling the issue informally or initiating a
would be most likely to avoid a person with mental health consultation. This decision to
perceived mild-schizophrenia and the least detain is supported by Constantine et al
likely to avoid a person with perceived mild- (2010) who suggested that mentally ill
antisocial personality disorder. These results populations are arrested at higher rates than
support Link and Phelan’s (2007) research the general population, despite the fact that
that suggested people show the highest they are not more violent. Based on these
levels of stigma towards a group that findings, more training is recommended for
appears different from the “in-group”. A police officers to help recognize symptoms
person showing symptoms of schizophrenia of mental illness and make the decisions that
is apparently very different from the benefit law enforcement, the mentally ill
majority of the population while a person person, and the community.
who is displaying mild antisocial personality
disorders symptoms does not necessarily Limitations of the current study include
appear different, but rather disagreeable. using police officers from the same
northeastern police department. Future
Given the findings of the present and studies should vary participants by
previous studies (particularly Link et al., geographic location and departments. The
1999) it is reasonable to question whether present study utilized written vignettes to
police perceptions of dangerousness affect depict mental illnesses, which may not
how they handle situations involving a accurately depict the displayed behaviors.
mentally ill person. Mental illness type was Future research should focus on creating
found to affect police perceptions of the more ecologically valid materials such as
mentally ill on all six scales implying that videotapes showing mentally ill defendants.
police officers react differently to people Future research should also examine
with mental illnesses than they do people whether police officers can distinguish
who are not displaying symptoms of a between various types of mental illness
mental illness (everyday troubles). These (schizophrenia v. antisocial personality
findings have important implications for disorder) and mental illnesses and everyday
police training regarding the mentally ill. troubles and whether that knowledge affects
Borum et al. (1998) discussed the large their reactions. Further research is needed in
variations in police training regarding the this area to better understand how police
mentally ill and Sellers et al. (2005) noted perceptions of the mentally ill affect their
that more specialized intervention strategies reactions and beliefs about a mentally ill
have been developed to stop inappropriate suspect.
arrests or responses to mentally ill people.
However, findings from the current study References
suggest the police officers reacting to
specific mental illnesses (schizophrenia) still Alexander, L. A., & Link, B. G. (2003). The
feel as though they are not adequately impact of contact on stigmatizing
trained to handle the situation. The current attitudes toward people with mental
findings imply that police officers require illness. Journal of Mental Health, 12(3),
more specialized training that allows them to 271-289.
differentiate between specific mental doi:10.1080/0963823031000118267
illnesses and appropriately handle a
Baumann, A. E. (2007). Stigmatization, Feldman, D. B., & Crandall, C. S. (2007).

social distance and exclusion because of Dimensions of mental illness stigma:
mental illness: The individual with What about mental illness causes social
mental illness as a stranger. International rejection? Journal of Social and Clinical
Review of Psychiatry, 19(2), 131-135. Psychology, 26(2), 137-154.
doi:10.1080/09540260701278739 Friedman, R. A. (2006). Violence and
Becker, M., Martin, L., Wajeeh, E., Ward, mental illness--how strong is the
J., & Shern, D. (2002). Students with link? The New England Journal of
mental illnesses in a university setting: Medicine, 355(20), 2064-2066.
Faculty and student attitudes, beliefs, Gaebel, W., Zäske, H., & Baumann, A. E.
knowledge, and experiences. Psychiatric (2006). The relationship between mental
Rehabilitation Journal, 25(4), 359-368. illness severity and stigma. Acta
Borum, R., Deane, M. W., Steadman, H. J., Psychiatrica Scandinavica, 113, 41-45.
& Morrissey, J. (1998). Police doi:10.1111/j.1600-0447.2005.00716.
perspective on responding to mentally ill Hugo, C. J., Boshoff, D. E. L., Traut, A.,
people in crisis: Perceptions of program Zungu-Dirwayi, N., & Stein, D. J.
effectiveness. Behavioral Sciences and (2003). Community attitudes toward and
the Law,16(4), 393-405. knowledge of mental illness in south
Chappell, D. (2010). From sorcery to stun Africa. Social Psychiatry and Psychiatric
guns and suicide: The eclectic and global Epidemiology, 38(12), 715-719.
challenges of policing and the mentally Kasow, Z. M., & Weisskirch, R. S. (2010).
ill. Police Practice & Research: An Differences in attributions of mental
International Journal, 11(4), 289-300. illness and social distance for portrayals
doi:10.1080/15614263.2010.497028 of four mental disorders. Psychological
Church, W. T. II, Baldwin, J., Brannen, D. Reports, 107(2), 547-552.
N., & Clements, C. B. (2009). An Klin, A., & Lemish, D. (2008). Mental
exploratory study of social work students' disorders stigma in the media: Review of
attitudes toward mentally ill studies on production, content, and
offenders. Best Practices in Mental influences. Journal of Health
Health: An International Journal, 5(2), Communication, 13(5), 434-449.
31-39. Kloss, J. D., & Lisman, S. A. (2003).
Constantine, R. J., Petrila, J., Andel, R., Clinician attributions and disease model
Givens, E. M., Becker, M., Robst, J., & perspectives of mentally ill, chemically
Howe, A. (2010). Arrest trajectories of addicted patients: A preliminary
adult offenders with a serious mental investigation. Substance use &
illness. Psychology, Public Policy, and Misuse, 38(14), 2097-2107.
Law,16(4), 319-339. Lamb, H. R., Weinberger, L. E., & Gross, B.
Dietrich, S., Beck, M., Bujantugs, B., H. (2004). Mentally ill persons in the
Kenzine, D., Matschinger, H., & criminal justice system: Some
Angermeyer, M. C. (2004). The perspectives. Psychiatric Quarterly, 75,
relationship between public causal beliefs 107-126.
and social distance toward mentally ill Link, B. G., & Phelan, J. C. (2001).
people. Australian and New Zealand Conceptualizing stigma. Annual Review
Journal of Psychiatry, 38(5), 348-354. of Sociology, 27, 363-385.
doi:10.1111/j.1440-1614.2004.01363. Link, B. G., Phelan, J. C., Bresnahan, M.,
Dubin, W. R., & Fink, P. J. (1992). Effects Stueve, A., & Pescosolido, B. A. (1999).
of stigma on psychiatric treatment. In P. Public conceptions of mental illness:
J. Fink, A. Tasman, P. J. Fink & A. Labels, causes, dangerousness, and social
Tasman (Eds.), Stigma and mental distance. American Journal of Public
illness. (pp. 1-7). Washington, DC US: Health, 89(9), 1328-1333.
American Psychiatric Association.
Martinez, A. G., Piff, P. K., Mendoza- illness: An examination of the stigma

Denton, R., & Hinshaw, S. P. (2011). process. Journal of Applied Social
The power of a label: Mental illness Psychology, 37(12), 2877-2902.
diagnoses, ascribed humanity, and social doi:10.1111/j.1559-1816.2007.00286.
rejection. Journal of Social and Clinical Riordan, S., Wix, S., Kenney-Herbert, J., &
Psychology, 30(1), 1-23. Humphreys, M. (2000). Diversion at the
McBrien, J., & Murphy, G. (2006). Police point of arrest: Mentally disordered
and careers’ views on reporting alleged people and contact with the
offences by people with intellectual police. Journal of Forensic
disabilities. Psychology, Crime & Psychiatry, 11(3), 683-690.
Law, 12(2), 127-144. Sellers, C. L., Sullivan, C. J., Veysey, B. M.,
Norman, R. M. G., Sorrentino, R. M., & Shane, J. M. (2005). Responding to
Windell, D., & Manchanda, R. (2008). persons with mental illnesses: Police
The role of perceived norms in the perspectives on specialized and
stigmatization of mental illness. Social traditional practices. Behavioral Sciences
Psychiatry and Psychiatric & the Law, 23(5), 647-657.
Epidemiology, 43, 851-859. Teplin, L. A. (1983). The criminalization of
Phelan, J. C., & Link, B. G. (1998). The the mentally ill: Speculation in search of
growing belief that people with mental data. Psychological Bulletin, 94(1), 54-
illnesses are violent: The role of the 67. doi:10.1037/0033-2909.94.1.54
dangerousness criterion for civil Wells, W., & Schafer, J. A. (2006). Officer
commitment. Social Psychiatry and perceptions of police responses to
Psychiatric Epidemiology, 33, S7-S12. persons with mental illness. Policing, 29,
doi:10.1007/s00127005020. 578-601.
Phelan, J. E., & Basow, S. A. (2007).
College students' attitudes toward mental
APPENDIX
Experimental Vignettes
Perceived mild schizophrenia and perceived severe schizophrenia vignettes
A concerned local resident has called the police after seeing a man loitering behind a
neighborhood convenience store. The caller reports that he knows this man from the
neighborhood and has seen him acting strange. From a distance it can be seen that Michael is a
white, middle-aged man. Upon arrival, Officer Jones notices that Michael appears confused and
can be seen pacing back and forth, conversing with himself. The conversation Michael is having
with himself is causing him to become frustrated and he begins saying that he is “ready to enter
the next realm”. After a few moments Michael covers his ears with his hands and continues to say
that he has “seen the others and knows they are watching and determined to hurt him”. Michael is
greatly distressed and does not acknowledge anything going on around him.
A concerned local resident has called the police after seeing a man loitering behind a
neighborhood convenience store. The caller reports that he knows this man from the
neighborhood has seen him acting strange. From a distance it can be seen that Michael is a white,
middle-aged man. Upon arrival, Officer Jones notices that Michael appears confused and can be
seen pacing back and forth, conversing with himself. The conversation Michael is having with
himself is causing him to become very angry and he begins yelling that he is “ready to enter the
next realm”. After a few moments Michael begins making aggressive gestures and continues to
shout that he has “seen the others and knows they are watching and determined to hurt him”.
Michael is greatly distressed and does not acknowledge anything going on around him.
Perceived mild antisocial personality disorder and perceived severe antisocial personality
disorder vignettes
A local resident has called the police after seeing a man loitering behind a convenience
store. The caller reports that they know this man from the neighborhood and has seen him
committing petty crimes. From a distance it can be seen that Michael is a white, middle-aged
man. For a few moments Michael disregards the police presence completely, acting unbothered.
However, after a few moments Michael becomes defiant and begins cursing. He takes an
aggressive stance and refuses to speak with police officers. However, after a few moments
Michael realizes his aggression could cause a negative reaction from the police so he apologizes
for his actions and claims he would never do anything wrong.
store. The caller reports that they know this man from the neighborhood and has seen him
committing crimes. From a distance it can be seen that Michael is a white, middle-aged man. For
a few moments Michael disregards the police presence completely, acting unbothered. However,
after a few moments Michael becomes defiant and begins cursing. He takes an aggressive stance,
flails his arms, and refuses to speak with police officers. After a few moments Michael appears
increasingly enraged and oppositional.
Perceived mild everyday troubles and perceived severe everyday troubles vignettes
store. The caller reports that they know this man from the neighborhood and have seen him
before. From a distance it can be seen that Michael is a white, middle-aged man. Michael notices
the police presence and becomes upset. He sits on the ground and puts his heads in his hands. He
begins to tell the police that he has been very stressed out lately and he is having some marital
problems. After a few moments Michael looks up and he appears to be crying. He continues to
tell the police he has not been performing well at work and nothing seems to be going right for
him lately.
store. The caller reports that they know this man from the neighborhood and have seen him
before. From a distance it can be seen that Michael is a white, middle-aged man. Michael notices
the police presence and becomes overwrought with emotion and begins crying. He sits on the
ground and puts his heads in his hands. He begins to tell the police that he has been extremely
upset lately and his wife has recently asked for a divorce. After a few moments Michael looks up
and he appears to be crying. He continues to tell the police that he has lost his job and there is
nothing good left in his life.
Please respond to each item using the scale appearing after the item. Circle your response.
To what extent do you think Michael is likely to harm himself?
1 2 3 4 5 6 7
Not at All Extremely
Likely Likely
To what extent do you think Michael is likely to harm others?
1 2 3 4 5 6 7
Likely Likely
To what extent do you think Michael is likely to harm you?
1 2 3 4 5 6 7
Likely Likely
To what extent do you think Michael is a dangerous person?
1 2 3 4 5 6 7
Dangerous Dangerous
To what extent would you be cautious when approaching Michael?
1 2 3 4 5 6 7
Not at all Very
Cautious Cautious
People like Michael tend to be dangerous.
1 2 3 4 5 6 7
Completely Completely
Disagree Agree
How likely are you to ask for back-up when approaching Michael?
1 2 3 4 5 6 7
Not at All Very
Likely Likely
To what extent do you think Michael is threatening?
1 2 3 4 5 6 7
Threatening Threatening
To what extent would you be fearful of approaching Michael?
1 2 3 4 5 6 7
Fearful Fearful
To what extent does Michael’s behavior make you uneasy?
1 2 3 4 5 6 7
Uneasy Uneasy
To what extent does Michael’s behavior appear unusual?
1 2 3 4 5 6 7
Unusual Unusual
To what extent do you believe that Michael’s behavior is his own fault?
1 2 3 4 5 6 7
Not at All Very much
To what extent do you believe that there are biological causes for Michael’s behavior?
1 2 3 4 5 6 7
There is no way to completely understand Michael’s behavior.
1 2 3 4 5 6 7
Disagree Agree
To what extent do you believe that Michael’s problems are self-inflicted?
1 2 3 4 5 6 7
To what extent do you believe Michael should be arrested?
1 2 3 4 5 6 7
How likely are you to arrest Michael?
1 2 3 4 5 6 7
Not at All Very Likely
Likely
How likely are you to use force when approaching Michael?
1 2 3 4 5 6 7
Not at All Very Likely
Likely
To what extent do you believe Michael should be in prison?
1 2 3 4 5 6 7
Not at All Very Much
To what extent do you believe Michael should be in a treatment facility?
1 2 3 4 5 6 7
People like Michael should be given specialized treatment.
1 2 3 4 5 6 7
Agree Disagree
To what extent do you believe that Michael’s behavior is treatable?
1 2 3 4 5 6 7
To what extent do you feel sympathetic towards Michael?
1 2 3 4 5 6 7
Sympathetic Sympathetic
To what extent do you want to help Michael?
1 2 3 4 5 6 7
People should be sympathetic to the problems of Michael.
1 2 3 4 5 6 7
Disagree Agree
To what extent do you believe that Michael is misunderstood?
1 2 3 4 5 6 7
To what extent do you believe other people will avoid Michael?
1 2 3 4 5 6 7
To what extent would you want to avoid Michael?
1 2 3 4 5 6 7
Likely Likely
People like Michael should not be allowed to interact with the general public.
1 2 3 4 5 6 7
Agree Disagree
People like Michael should go to special detention facilities.
1 2 3 4 5 6 7
Agree Disagree
How likely do you think Michael is to commit a crime in the future?
1 2 3 4 5 6 7
Likely Likely
It is likely that Michael has already committed a crime in the past.
1 2 3 4 5 6 7
Agree Disagree
How comfortable to do you feel approaching Michael?
1 2 3 4 5 6 7
Comfortable Comfortable
You have had experience dealing with people like Michael.
1 2 3 4 5 6 7
Disagree Agree
You have had adequate training in how to approach people like Michael.
1 2 3 4 5 6 7
Disagree Agree
You need more training in how to approach people like Michael.
1 2 3 4 5 6 7
Disagree Agree
You would feel more comfortable if someone more specialized approached Michael.
1 2 3 4 5 6 7
Disagree Agree
Demographics
Please provide us with some information about yourself. This information is completely
confidential and will not be used to identify you in any way. Please write the letter that best
corresponds to your response in the space provided.
1. What is your gender?
a) Male b) Female
2. Into which of these age categories do you fall?
¡ ¡ ¡ ¡ ¡ ¡ ¡
17 or 18-24 25-34 35-44 45-54 55-64 65 & Older
younger
3. What is your race/ethnicity?
a) Caucasian/White/European American
b) African American
c) Hispanic/Latino
d) Asian/Pacific Islander
e) Native American
f) Other (please specify) _______________
4. What is your native language?
a) English
b) Spanish
c) Chinese
d) French
e) Japanese
f) German
g) Other (please specify) _______________
6. How long have you served as a police officer?
a) 0-4 years
b) 5-9 years
c) 10-14 years
d) 15-19 years
e) 20-24 years
d) 25-29 years
e) Other (please specify) ___________
5. What is the highest level of education you have attained?
¡ ¡ ¡ ¡ ¡ ¡
Grade school Some high High school Some college College Post-graduate
school diploma junior college degree college degree
7. Have received specific training on how to handle people with mental illnesses?
a) Yes
b) No
Table
Six Scales of Dependent Measures
Scale Cronbach α Mean Median Range
Dangerousness .88 35.0 36.0 16-51
Fear .72 12.4 13.0 3-18
Causes .73 14.3 14.0 5-27
Sympathy .81 18.3 18.0 4-28
Detainment .72 22.7 19.0 7-35
Training .57 17.5 17.0 11-26
Note. A higher score indicates greater perceived dangerousness, perceived fear, belief in personal
causes, sympathy, desire to detain, and appropriate training.
Figure 1. Perceived severity X mental illness type interaction, F(2, 54) = 3.32, p = .044, ηp2 = .110
Figure 2. Perceived severity X mental illness type interaction, F(2, 54) = 5.05, p = .01, ηp2 = .158.
Figure 3. Perceived severity X mental illness type interaction, F(2, 54) = 3.36, p = .042, ηp2 = .111
An Affect Infusion Path Model:

Jurors’ Use of Processing Strategies in a Capital Trial Paradigm
Emily Jean Pammett
The current study utilized a theoretically relevant path model to examine the type of
processing strategies jurors employed when recommending a sentence. One hundred
thirty eight death-qualified participants read one of eight versions of the sentencing phase
of a capital trial, in which gender of the defendant and expert testimony of the
defendant’s psychopathology were manipulated. In this context we investigated the
mediating effects of jurors’ Need for Cognition, death penalty attitudes, and affect on
sentence determination through two theoretical models, the Affect Infusion Model (AIM)
and the Elaboration Likelihood Model (ELM). Results supported jurors’ use of direct and
heuristic processing of the AIM, and partially supported substantive processing of the
AIM and peripheral route processing of the ELM.
Keywords: affect infusion, mood and cognitive states, decision-making
Affect Infusion Model penalty should not be affected by mood

when determining sentence. Heuristic
The degree of involvement in a processing involves utilizing current
particular task, along with the affective and affective states (i.e., mood) when forming
motivational variables that may accompany decisions. This type of processing may yield
it, can be an important influence on an strong mediating effects of mood on
individual’s motivation to complete or decision-making. Finally, substantive
participate in the task, their subsequent processing refers to generating information
decisions regarding the task, and their by means of open or non-directed extensive
feelings about the usefulness of the task. search strategies. As a result, this type of
These findings support the Affect Infusion processing is most susceptible to affect and
Model (AIM), which is based on the premise may provide an explanation for how affect
that the nature and degree to which mood interacts with attitudes to influence jurors’
influences judgments largely depends on the perceptions of both the defendant and the
type of processing strategy the individual is expert in a capital trial.
engaged in (Forgas, 1995, 1992). According
to this model, there are four levels of Therefore, in the context of the present
information processing: direct, motivated1, study, we expect support for AIM by
heuristic, and substantive. Utilizing a direct observing direct, heuristic, and substantive
access approach to information processing, processing. Specifically, strongly held
strongly held attitudes should not be affected attitudes towards the death penalty should
by either mood or cognition. For example, not be affected by mood when determining
strongly held attitudes towards the death sentence (direct approach); mood should
mediate the relation between death penalty
1
Based on relevance to our hypothesis tests, in attitudes, and perceptions of the expert
the present study we exclude motivated testimony and the defendant, and sentence
processing as part of our path model.
AIM: JURORS’ PROCESSING STRATEGIES 325
determination (heuristic approach). Finally, Cacioppo, 1986).

we anticipate need for cognition and death
penalty attitudes to mediate the relation Need for Cognition
between instruction comprehension and
sentence determination (substantive Similar to the Elaboration Likelihood
approach). Model (Petty & Cacioppo, 1986), in the
Affect Infusion Model, processing choices
Elaboration Likelihood Model are determined by the presence and strength
of specific moderator variables; i.e.,
The Elaboration Likelihood Model familiarity, cognitive capacity, personal
(ELM) was proposed by Petty and Cacioppo relevance, and motivational goals. These
(1986) in order to explain how attitudes are moderators form the basis for the preferred
formed and changed. These attitudes are level of processing. Further affecting the
formed as a result of either peripheral route power of cognitive endeavor, Need for
processes, which essentially rely on Cognition (NFC) has been connected with
instinctual clues, or central route processes, how individuals process information
which illicit attitude change through (Cacioppo & Petty, 1982; Cacioppo, Petty,
intentional cognitive analysis of the relevant & Kao, 1984). The need for cognition is
information (Cook, Moore, & Steel, 2004). commonly understood to denote a person’s
This model assumes that thought processes “tendency to engage in and enjoy thinking”
exist on a continuum, ranging from low (Areni, Ferrell, & Wilcox, 2000, p. 861).
elaboration to high elaboration (Petty & The need for cognition is evident in many
Cacioppo, 1986). The persuasion resulting aspects of a person’s life, particularly in
from each of these processes is different, determining their decision-making
and typically attitudes created as a result of processes. People who have a high need for
central route processing are persistently held cognition tend to be more open minded
and more difficult to change than attitudes about decision-making, though more
resulting from peripheral route processes resistant to persuasion, as they actively seek
(Petty & Cacioppo, 1986). out information and process it thoroughly
before reaching conclusions (Areni, Ferrell,
Theoretically, attitudes are & Wilcox, 2000).
predominately shaped as a result of the
amount of information a person is presented Individuals with a high need for
with, and that person’s capability and cognition have a tendency to process
incentive increase the likelihood of information intensively. In contrast, lower
elaboration, which consequently enhances NFC individuals tend to process less
the persuasiveness of the argument (Cook, intensively, use less case-specific
Moore, & Steel, 2004). In relation to the information, utilizing more peripheral cues
proposed study, this potential for elaboration (e.g., attractiveness of a source). Reinhard
is important to consider. Participant mock- and Dickhauser (2009) provided recent
jurors will be asked to make decisions, and support for the moderating effect of NFC in
if they do not feel they are provided with an the relation between task difficulty and
adequate amount of information, they may performance expectancies. Specifically,
subconsciously elaborate on what they are need for cognition influenced perceptions of
given in order to strengthen the argument for task difficulty associated with pyramid
their preferred sentence. Therefore, it is building. In addition, higher NFC
important to encourage participants to participants reported increased levels of
actively process the information they are expectation regarding task difficulty
presented with. Motivation, ability, and compared to their lower NFC counterparts.
cognition are the most important factors in
determining choice of route (Petty &
In an earlier but similar study, Bruch, as it may seem. For example, four studies
Juster, and Heisler (1982), examined tested and supported the hypothesis that
differences in individuals’ ability to positive affect (as measured by the PANAS,
recognize their faulty thinking to adjust described later) is associated with anger
negative affect and improve appraisals of (Harmon-Jones, Abramson, & Peterson,
future situations. Individuals high in 2009).
cognitive restructuring reported more
internal attributions and showed less Given the potential for emotion to effect
increase in negative mood compared to their peoples’ actions and decisions, a reliable
cognitively able counterparts. As a result, a measure of both positive and negative affect
mediating effect was demonstrated for became necessary to further the research in
individuals' cognitive and emotional this field. Though other measures exist that
responses toward problem situations. Alison attempt to measure more than these two
and Brimacombe’s (2010) alibi examination basic dimensions of emotion, the Positive
found high NFC associated with increased and Negative Affect Schedule (PANAS) is
understanding of judge’s instructions widely used due to the high internal
regarding prior convictions compared to consistency typically found in both Positive
their lower NFC counterpart. Affect (PA) and Negative Affect (NA) as
uncorrelated factors (Leue & Beauducel,
By assessing an individual’s need for 2011). It is important to note, however, that
cognition as well as their trial-related research measuring the reliability and
expectations, we can offer more specific validity of the PANAS found that although
information regarding how jurors make it is both reliable and valid, PA and NA are
processing choices. In other words, we will not completely independent of each other as
be able to evaluate the extent to which the originally hypothesized (Crawford & Henry,
tendency to apply cognitive effort predicts 2004).
sentencing recommendations, responses to
value arguments, and non-statutory trial Negative affect may be a predicting
evidence. In addition, these characteristics factor for the development of pathological
should help in explaining the level of gambling (Matthews, Farnsworth, &
processing jurors’ engage in when forming Griffiths, 2009). A study using the Inventory
reasoned judgments in the context of the of Gambling Situations (IGS) to identify
sentencing phase of a capital trial. exceptionally high-risk gambling situations
revealed four factors which may lead to
Affect episodes, including affect (positive and
negative), gambling cues, and social
Affect is indisputably a fundamental situations (Petry, Rash, & Blanco, 2010). In
aspect of decision-making, however there relation to affect, which in this case refers to
are various theories regarding the degree to the experience of emotions, the study
and the way in which affect has an influence concluded that the onset of psychological
on judgment (Cahir & Thomas, 2008). symptoms predicted gambling behavior in
Mood has been shown both to obstruct and all affect situations, and African-Americans
support logical decision-making processes, were more likely to gamble in negative
depending on the incidental or integral affect situations than Caucasians.
nature of affect in any given situation Furthermore, risk of a pathological gambling
(Blanchette & Richards, 2010). Gender, episode in a person who typically gambles
stress, cognitive ability, and personality are socially may be predicted by negative affect
also related to the effect of affect on after engaging in gambling behaviors online
decision-making (Karlsson & Archer, 2007). (Matthews, Farnsworth, & Griffiths, 2009).
The relationship between affect and action
or decision-making is not as straightforward
Affect may also be a significant factor the Death Penalty Attitudes (DPA), focused
of the motive for pathological gambling, on the role of death qualification, rather than
which has been divided through cluster jurors’ attitudes and beliefs, in capital
analysis into the categories of enhancement sentencing verdicts (O’Neil, Patry, &
gamblers (low negative/high positive affect Penrod, 2004). Death qualification consists
scores), coping gamblers (high of a single question, asking jurors’ whether
negative/high positive affect scores), and their attitudes toward the death penalty,
low emotion regulation gamblers (low either in favor or opposed, would impair
negative/low positive affect scores) using their ability to fairly consider both sides of a
the IGS scales (Stewart, Zack, Collins, & case. O’Neil, Patry, & Penrod (2004)
Klein, 2008). The motivation for gambling examined the existing research into attitudes
also predicts the specific behavior the toward the death penalty in order to
gambler engages in, as coping gamblers are construct and validate the 15 item, 5 factor
more likely to have comorbid substance ATDP scale, as the single question of death
abuse problems and low emotion regulation qualification was not always adequate to
gamblers are the least likely to have severe assess the effect of peoples’ attitudes on
problems associated with their gambling sentencing recommendations.
(Stewart et al., 2008).
In order to completely appreciate the
The Capital Trial impact of peoples’ attitudes toward the death
penalty on sentencing recommendation, it is
A capital trial is a court proceeding imperative to understand the reasoning
intended to identify the person responsible behind those attitudes. Butler (2007)
for a crime worthy of the death penalty and conducted research using the
determine a sentence for the defendant aforementioned ATDP scale and death
(Butler & Moran, 2007). Historically, many qualification question in addition to
crimes have been eligible for the death assessing peoples’ demographic
penalty, though in the United States today characteristics, level of support for the death
virtually all crimes punishable by death penalty, attitudes toward women, level of
involve homicide (Lynch & Haney, 2009). homophobia, and levels of modern racism
The most recent decision to that end was the and sexism in order to determine the impact
case of Kennedy v. Louisiana (2008), where of these items on the person’s attitudes
the Supreme Court determined that under toward the death penalty. The results of this
the 8th and 14th amendments, executing child study “indicated that as death-penalty
rapists who did not kill the child was support increased, participants exhibited
unconstitutional, and though no one had more positive attitudes toward the death
ever been executed under that law, it was the penalty, more negative attitudes toward
last that did not involve the death of the women, and higher levels of homophobia,
victim. modern racism, and modern sexism”
(Butler, 2007, p. 1). Furthermore, the study
Death Penalty Attitudes found that death-qualified participants and
participants with positive attitudes toward
Though people typically have strong the death penalty displayed higher levels of
feelings regarding the government’s use of homophobia and modern sexism and racism
the death penalty as a punishment for (Butler, 2007). Other research suggests that
murder, the rationale for these attitudes is death-qualified jurors exhibit a low need for
difficult to establish despite the vital role it cognition, and are more inclined to accept
plays in capital sentencing trials. The expert testimony without question (Butler &
majority of the literature, prior to the Moran, 2007).
creation of measures such as the Attitudes
toward the Death Penalty (ATDP) scale and
Comorbid Traits (Hucker, 2005; Kerber, Black, &

Buckwalter, 2008). Anxiety attacks may
Pathological Gambling refers to also be a precursor to gambling episodes for
persistent maladaptive gambling behavior people with comorbid anxiety and
that disturbs social, familial, or professional pathological gambling. The emotionally
endeavors, and is a specific type of impulse vulnerable subtype of pathological gamblers
control disorder (Hucker, 2005). It has been often experience anxiety and/or depressive
classified as a psychiatric diagnosis since the episodes before engaging in gambling
third revision of the Diagnostic and behavior, and their predisposition for a
Statistical Manual (DSM-III) in 1980. The negative affect makes them especially prone
situations leading to gambling, and to various anxiety and mood disorders
subsequently pathological gambling (Ledgerwood & Petry, 2010). According to
episodes, are an important consideration of the DSM-IV-TR, mood disorders are
the phenomenon. Though pathological characterized by a significant disturbance in
gambling is considered an Impulse-Control mood or affect, typically referring to
Disorder in the DSM-IV-TR, it is often depression or mania.
discussed in the context of its similarities to
Substance Use Disorders (SUDs) and other For the purposes of the present study,
instances of addiction. the focus will be on Major Depressive
Disorder (MDD), diagnosed by the presence
Substance Use Disorders (SUDs) and of at least two major depressive episodes (at
pathological gambling not only share least two months apart) which are not
clinical, physical, behavioral, and diagnostic accounted for by a separate psychiatric or
characteristics, but also have high rates of medical diagnosis in a person who has never
comorbidity (Wareham & Potenza, 2010). experienced a manic episode of any kind
Given the compulsion to conceal symptoms (American Psychiatric Association, 2000).
of both gambling and substance abuse, an Similar to pathological gambling and GAD,
exact percentage is difficult to determine, changes to the diagnostic criteria for mood
however it is estimated that approximately disorders have been suggested for the DSM-
50% of pathological gamblers have V. Between 75% and 83% of pathological
substance abuse problems (Hucker, 2005). gamblers also meet the criteria for a mood
Pathological gamblers with SUD are disorder, the majority of who experience
statistically more likely to abuse alcohol major depression (Hucker, 2005; Kerber,
than other substances (Maccallum & Black, & Buckwalter, 2008). Mood
Blaszczynski, 2002). In a study of almost disorders are as much as 71% more likely to
37,000 pathological gamblers, prevalence emerge first in the event that a mood
rates of all types of pathological gambling disorder and pathological gambling behavior
increased with SUD severity (Rush, Bassani, occur simultaneously (Kennedy et al., 2010).
Urbanoski, & Castel, 2008). Similarly, the Furthermore, people who have a mood
prevalence rate for SUD in pathological disorder and comorbid condition are
gamblers is significantly higher than the significantly more likely to develop
general population (Kerber, Black, & gambling problems.
Buckwalter, 2008; Maccallum &
Blaszczynski, 2002). Though less research exists on the
subject, a mood disorder in females is not a
Like pathological gambling, statistically significant predictor of
Generalized Anxiety Disorder (GAD) was pathological gambling behavior
first included in the DSM-III in 1980. (Cunningham-Williams, Abdallah, Callahan,
Though not limited to GAD, approximately & Cottler, 2007). Regardless, the presence
40-47% of pathological gamblers currently of a mood disorder is especially significant
suffer from some type of an anxiety disorder in predicting pathological gambling
behavior in people who have a low level of Research indicates defendant gender is
education, lesser quality of life, an important consideration for the jury. A
agreeableness, and a history of alcohol study by Freiburger (2010) study found that
abuse (Kennedy et al., 2010). Conversely, males, regardless of race, who are described
pathological gamblers who are predisposed as the caretaker in a family are more likely
to have a negative affect are particularly than females in the same role to receive a
prone to developing or exacerbating mood lesser sentence for non-violent crimes as a
disorders (Ledgerwood & Petry, 2010). result of their familial role. In general,
pathological gambling is a non-violent
Gender and Pathological Gambling crime. Moreover, Butler (2007) found a
correlation between positive attitudes toward
Though the majority of pathological the death penalty and negative attitudes
gamblers are male, there are a significant toward women. Given the differences in
number of women who also engage in pathological gambling between genders, it is
pathological gambling behaviors. These reasonable to assume that a jury would take
women typically develop pathological the gender of the defendant in a case
gambling behaviors later in life than males, regarding pathological gambling into
following a particularly stressful life event account when recommending a sentence.
(Hucker, 2005). The type of gambling
behaviors also different for males and Other Factors
females, such that males were more likely to
gamble in situations which require Research also reveals various
interaction, whereas females were more demographic factors as predictive of
likely to gamble using non-strategic, problematic gambling behavior. Race,
individual methods such as slot machines education level, and severe
(Potenza, Steinberg, McLaughlin, Wu, psychological/substance problems are
Rounsaville, & O’Malley, 2001). Despite potential predictive factors of certain
the male to female ratio of approximately gambling behaviors and motivations, such
3:1 in the United States, females apparently that education and gambling cues are
seek treatment more frequently for their lack inversely related, and substance problems
of impulse control, so there is a significant were associated with gambling behavior in
amount of research on both male and female social situations (Petry, Rash, & Blanco,
gamblers (Hucker, 2005). 2010). Furthermore, geographic location and
socioeconomic status are significant, as
Congruent with the previous statistics Canadian studies indicate that pathological
regarding comorbidity, both male and gamblers are typically uneducated males
female gamblers have high rates of who have a low socioeconomic status,
substance abuse problems, anxiety, and whereas the average pathological gambler in
depression (Potenza et al., 2001). While a the United States is a white, middle-aged
mood disorder in females is not a male in the middle to upper class (Hucker,
statistically significant predictor of 2005).
pathological gambling behavior, research
indicates that a history of substance abuse Expert Testimony/Pathological Gambling
and violence makes women about three
times more likely to have gambling Though the standards for the
problems (Cunningham-Williams et al., admissibility of expert witness testimony in
2007). Furthermore, male pathological court have changed significantly throughout
gamblers are more likely to report a history the past century, experts are still significant
of drug abuse and arrests than female factors in the eventual verdict or sentence
gamblers (Potenza et al., 2001). recommendation. Despite individuals’
predetermined ideas of the role of an expert
in the court, the expert has an unmistakable jurors and jurors who were not death-
impact on the verdict. Though experts’ qualified in their perception of whether or
influence may be tremendous, they provide not the expert adhered to the ascribed
and explain information to the jury procedures (Butler & Moran, 2007).
imperative to their understanding of the case
and ability to return a fair verdict, so it is not Since the inclusion of pathological
necessarily excessive. As such, identifying gambling as an impulse control disorder in
the factors that influence how jurors the DSM-III in 1980, there have been
perceive experts is a necessary step in arguments for and against the admissibility
ensuring that the impact of the expert of psychological expert testimony regarding
testimony is maximized. compulsive gambling (Rychlak & Jarrell,
2000). Consequently, the responsibilities of
Research into the effectiveness of expert an expert testifying on behalf of a person
testimony has shown that expert confidence who suffers from a gambling addiction must
is directly proportional to expert credibility, meet and even exceed legal standards of
and expert credibility has a substantial ethical standards and be fully versed in the
bearing on jury decisions (Cramer, Decoster, most recent literature regarding and
Harris, Fletcher, & Brodsky, 2011, p. 132). surrounding compulsive gambling and
Therefore, it stands to reason that credibility addictive behavior (Lorenz, 1989). People
may mediate the relationship between who work in the judicial system are not
confidence and jury sentencing, as it may always trained to understand the mental
encourage them to agree with the expert disorders, particularly in relation to
(Cramer et al., 2011). Though there are addiction, and experts must not only convey
many ways for an expert to appear the diagnosis but also explain the
confident, there is a lack of a clear implications (Lorenz, 1988). The law has
consensus among the literature as to how an traditionally seen gambling as a vice, or a
expert should deliver the testimony in order personal weakness, so the role of the expert
to appear the most credible. One study has is to convey the psychological addiction
proposed, and empirically validated, a pathological gamblers experience so that the
confidence-credibility mediation model of jurors may determine if it is a disorder that
expert testimony in order to train experts to warrants leniency (Rose, 1988).
testify in such a way that they appear
credible to jurors (Cramer et al., 2011). Hypotheses
Moreover, the apparent credibility of an The current study is the first to apply a
expert to individual jurors may be at least theoretical model in understanding the role
partially beyond their control, as the of affective states on juror judgments in the
characteristics of that juror my influence context of the sentencing phase of a capital
how they perceive the expert. One example trial. As a result, the research will offer a
is the previously stated tendency for death- clearer insight into how jurors consider
qualified jurors, who frequently exhibit a expert testimony of gambling behavior,
low need for cognition, to interpret vague based on the potential inclusion of
testimony as accurate and impartial fact pathological gambling as its own disorder in
simply because it was given by an expert the upcoming DSM-V. Moreover, the
(Butler & Moran, 2007). However, jurors’ current study aims to understand the
understanding of court proceedings may be a information processing strategies of
more important factor in their perception of individual jurors in the sentencing phase of a
the expert than their individual capital trial paradigm, beyond the influence
characteristics. In relation to the previous of their current affective state.
example, the same study found that there
was no difference between death-qualified
The mediating effects of affect and Method

cognition on sentencing remain relatively
unstudied. Toward this end, we expect Participants
perceptions of both the defendant and expert
will be mediated by affective responses of Data were collected from 189 jury-
participant-jurors measured as follows: need eligible community members recruited and
for cognition as measured by the revised screened through StudyResponse project.
Need For Cognition Scale (NFC), and mood The StudyResponse project is hosted by the
as measured by the Positive Affect Negative School of Information Studies at Syracuse
Affect Scale (PANAS). The NFC measures University, and exists as a resource for
“the tendency for an individual to engage in student and faculty researchers in the social
and enjoy thinking” (Cacioppo & Petty, sciences. StudyResponse has received
1982, p. 116). The PANAS measures an Institutional Review Board approval
individual’s disposition to experience the (#07199; Stanton, 2007). Participants who
environment positively as well as the did not fully complete the study, or indicated
tendency to experience distress and/or the incorrect gender or psychopathology
negative emotion (Watson, Clark, & condition in the manipulation check, were
Tellegren, (1988). eliminated. For the purposes of analysis,
participants were 138 jury-eligible
H1. Attitudes towards the death penalty, community members, 81 of who were male
as measured by ATDP, will lead directly to with the remaining 57 female, 92% between
sentence determination (linear measure of the ages of 25 and 64.
confidence computed with dichotomous
verdict). This hypothesis tests the direct Materials and Procedure
access information processing approach of
the AIM. The participants were administered
materials through the web-based provider of
H2. Affect, as measured by the PANAS, surveys known as Survey Monkey. After
will mediate the relation between linking to the study, participants read a
perceptions of the defendant and expert and Statement of Consent that indicates their
sentence determinations. This hypothesis satisfaction and understanding of the
tests the heuristic information processing expectations as a participant in this
approach of the AIM. study. The statement addressed the
anonymity with respect to identity and the
H3. ATDP and NFC will act as instruction not to include any self-
moderated-mediators in the relation between identifying information (such as my full
instruction comprehension and sentence name or mailing address) in their answers to
determination. This hypothesis tests the open-ended questions. After agreeing to
substantive information processing approach participate, they were directed to the survey
of the AIM. instrument. In each of the eight experimental
conditions, participants first read a gender-
H4. The gender of the defendant will neutral 150-word fact pattern summary of
mediate the relationship between the gender the guilt phase.
of the participant and sentencing confidence
and determination. This hypothesis tests the The Prosecution and the Defense have
peripheral route process of the ELM. agreed on the following facts in this case:
The defendant borrowed money from a
friend Delbert L. Haas in order to gamble.
The defendant then visited a Nevada casino
and gambled away the money lent by Haas.
Unable to pay the money back, the
defendant panicked and purchased a firearm w/generalized anxiety disorder v. gambling

from a local store. The defendant picked up w/major depression. Closing arguments and
Haas, forced him into the car by gunpoint, sentencing instructions completed the trial
and drove him into the middle of the woods. materials reviewed by participants.
The defendant proceeded to extract the
firearm and shoot Delbert Haas. Haas died Participant-jurors then completed a post-
as a result of his injuries. The defendant trial questionnaire assessing individually
then robbed Haas’ body, taking his wallet, rendered sentences, verdict confidence,
credit cards, and keys. Using his keys, the perceptions of witness credibility and a brief
defendant burglarized Haas’ home, and measure of instruction comprehension
proceeded to another casino with the stolen (Haney & Lynch, 2009; Lynch & Haney,
money. A few days later, the defendant was 1997). See the appendix for all stimulus
arrested after using Haas’ credit card at a materials and dependent measures presented
local casino while gambling. in order of distribution and completion by
the research participant.
After reading the summary participants
rendered a dichotomous verdict. Participants Results
rendering a not guilty verdict were thanked
for their participation and awarded the In order to assess confidence in
research incentive. They then read a pre- sentencing recommendation, a linear
sentencing instruction by the judge and were measure for confidence and sentencing was
administered the death qualification item created, incorporating sentencing
taken from Wainwright v. Witt (1985). recommendation and the participant’s level
Individuals indicating difficulty with of confidence with their sentence. The new
imposing the death penalty were thanked for index ranged from -4 (high confidence in an
their participation and awarded the research life sentence) to +4 (high confidence in a
incentive. Participants were disqualified if death sentence). For all analyses considering
they did not vote guilty in the first phase and sentencing recommendations, this linear
indicate no difficulty imposing the death measure was used. Moreover, for all
penalty. If not, they proceeded to complete analyses, a series of linear regressions were
the remaining aspects of the study. conducted to determine if path model
analyses would yield any significant results.
The pre-trial questionnaire included 13 As path models attempt to establish or
demographic items and attitudinal scales, suggest causation, the statistical relationship
including the 15-item Attitudes Toward the between each of at least three different
Death Penalty scale (ATDP: O’Neil, Patry, variables are examined and reported to
& Penrod, 2004), the 18-item abbreviated describe directed dependencies. If these
Need for Cognition scale (NFC: Cacioppo, linear regressions are statistically
Petty, & Kao, 1984), and the 20-item significant, full mediation is present and a
Positive and Negative Affect Schedule path model analysis is conducted to find the
(abbreviated) in order to measure individual Sobel test statistic. However, partial
differences. Participants then read one of mediation can also be observed if several of
two versions of the fact pattern in the case, the steps of the path are significant,
where gender of the defendant was according to the linear regressions.
manipulated through the use of the name
Mary v. George. Opening statements and H1. A linear regression found no
expert testimony of pathological gambling statistically significant mediation of affect
followed a pre-sentencing phase instruction. on the relationship between participants’
Expert testimony was manipulated either as attitudes toward the death penalty, as
testimony of gambling v. gambling measured by the ATDP scale, and
w/substance abuse v. gambling confidence in sentencing. However,
participants’ attitudes toward the death instruction regarding “proof beyond a

penalty predicted confidence in sentencing reasonable doubt for at least one aggravating
(β = 0.37, p < 0.001), which supports direct circumstance” predicted need for cognition
processing (See Figure 1). (β = -0.16, p = .06), which predicted
confidence in sentencing (β = -0.15, p =
H2. Analyses revealed no significant .079), however comprehension of the
predictive effect of positive or negative judge’s instruction did not predict
affect, as measured by the PANAS, on confidence and sentencing (See Figure 4).
confidence and sentencing determinations. This finding is also interesting due to
In order to further test the heuristic approach negative beta values, which in this case
to information processing, participants’ suggest that individuals with higher need for
scores on the ATDP scale were used in place cognition were more likely to misinterpret
of the PANAS, as attitudes theoretically the judge’s instruction, which is contrary to
have an affective component. A theoretically what one might expect.
relevant path model was then conducted to
examine this new take on heuristic H4. The gender of the defendant
information processing (See Figure 2). Full mediated the relation between the gender of
mediation was observed from participants’ the participant and confidence and
perceptions of the defendant to confidence sentencing (See Figure 5). This supports the
in sentencing through attitudes toward the peripheral route process theory of the
death penalty (Sobel Test Statistic: -9.34, p Elaboration Likelihood Model. This may
value: 0). also support the aspect of self-validation in a
situation that promotes high elaboration, as
H3. Linear regressions were conducted previous literature suggests an effect of
to examine substantive processing. The gender on sentencing recommendation in
extent to which participants considered the capital trials, where women are the least
idea that the defendant was significantly likely to both give and receive a sentence of
impaired as a result of pathological death.
gambling behaviors partially mediated the
relationship between jurors’ comprehension Conclusions and Discussion
of the false judges instruction regarding
pathological gambling as an aggravating This study yielded very interesting
circumstance and their confidence and results, and future research may benefit from
sentencing (See Figure 3). This finding was the limitations we experienced. Attempts to
particularly interesting given that jurors’ had facilitate juror comprehension of trial
a tendency to indicate that the judge materials may enhance the impact of
instructed them to consider significant subsequent research regarding expert
impairment as an aggravating circumstance, testimony. We were inclined to combine two
despite the fact that the instructions listed it of our original eight conditions due to
as a mitigating circumstance. The negative participants’ inability to distinguish GAD
beta values observed in relation to the extent from MDD, evidenced by our manipulation
to which jurors considered significant checks. Moreover, two of the four judge’s
impairment when recommending a sentence instructions were consistently misinterpreted
imply that they were more likely to consider by at least half of participants, most
significant impairment due to gambling if importantly including the instruction to
they believed they were instructed to view it consider pathological gambling as a
as an aggravator. mitigating circumstance. Participants who
weighted significant impairment as a result
Moreover, partial mediation of pathological gambling heavily had a
approaching significance was found, such tendency to recommend a sentence of death,
that jurors’ comprehension of the judge’s especially in the absence of a comorbid
psychiatric disorder, indicating minimal References

sympathy for compulsive gamblers.
American Psychiatric Association
Future research may also benefit from (2000). Diagnostic and statistical
attempting to equate the comorbid disorders manual of mental disorders (4th ed.,
in the eyes of an average community Text Revision). Washington, DC.
member. One potential explanation for the Allison, M., & Brimacombe, C. A. (2010).
consistent failure of the manipulation check Alibi believability: The effect of prior
regarding the psychopathology of the convictions and judicial instructions.
defendant is the tendency people may have Journal of Applied Social Psychology,
to view Major Depressive Disorder as more 40, 1054-1084.
significant than Generalized Anxiety Areni, C. S., Ferrell, M., & Wilcox, J. B.
Disorder. More statistically significant (2000). The persuasive impact of
differences between the two may have been reported group opinions on individuals
observed if the expert testified to Panic low vs. high in need for cognition:
Disorder and MDD or Depression and GAD. Rationalization vs. biased elaboration?.
However, the analyses done for the purposes Psychology & Marketing, 17, 855-875.
of this study were not subjected to this doi:10.1002/1520-
particular limitation, as the condition 6793(200010)17:10<855::AID-
assigned to each participant was of little MAR2>3.0.CO;2-V
importance to the results. Blanchette, I., & Richards, A. (2010). The
influence of affect on higher-level
In summary, we investigated juror cognition: A review of research on
decision-making in the context of the interpretation, judgment, decision-
sentencing phase of a capital trial, given making and reasoning. Cognition And
expert testimony regarding the defendant’s Emotion, 24, 561-595.
pathological gambling behavior. Expert doi:10.1080/02699930903132496
testimony varied in terms of the gender of Bruch, M. A.M., Juster, H. R., & Heisler, B.
the defendant and psychological disorders A. (1982). Conceptual complexity as a
comorbid with pathological gambling. mediator of thought content and
Participants' affect, cognition, perceptions of negative affect: Implications for
the expert and defendant, comprehension of cognitive restructuring interventions.
instructions, and attitudes toward the death Journal of Counseling Psychology, 29,
penalty were measured and analyzed. 343-353.
Butler, B. (2007). Death qualification and
Despite the conclusions reached from an prejudice: The effect of implicit racism,
analysis of the previous literature on the sexism, and homophobia on capital
topic, juror decision-making in this study defendants' right to due process.
was not heavily reliant on their current Behavioral Sciences and the Law, 25,
affective states. Overall, results indicated 857-867. doi:10.1002/bsl.791
that jurors utilize various information Butler, B., & Moran, G. (2007). The role of
processing strategies during the sentencing death qualification and need for
phase of a capital trial. What techniques cognition in venirepersons' evaluations
each individual juror engaged in was of expert scientific testimony in capital
contingent on his or her gender, trials. Behavioral Sciences and the Law,
understanding of the facts of the case, need 25, 561-571. doi:10.1002/bsl.758
for cognition, and pre-existing attitudes Cacioppo, J. T., & Petty, R. E. (1982). The
toward the death penalty. need for cognition. Journal of
Personality and Social Psychology, 42,
116-131.
Cacioppo, J. T., Petty, R. E., & Kao, C. F. Forgas, J. P. (1992). Mood and the
(1984). The efficient assessment of need perception of unusual people: Affective
for cognition. Journal of Personality asymmetry in memory and social
Assessment, 48, 306–307. judgments. European Journal of Social
Cahir, C., & Thomas, K. (2010). Psychology, 62, 863-875.
Asymmetric effects of positive and Freiburger, T. L. (2010). The effects of
negative affect on decision-making. gender, family status, and race on
Psychological Reports, 106, 193-204. sentencing decisions. Behavioral
doi:10.2466/PR0.106.1.193-204 Sciences and the Law, 28, 378-395.
Cook, A. J., Moore, K., & Steel, G. D. Haney, C., & Lynch, M. (1997). Debating
(2004). The Taking of a Position: A life and death: An analysis of
Reinterpretation of the Elaboration instructional comprehension and penalty
Likelihood Model. Journal For The phase arguments. Law and Human
Theory Of Social Behaviour, 34, 315- Behavior, 20, 575–595.
331. doi:10.1111/j.1468- Harmon-Jones, E., Harmon-Jones, C.,
5914.2004.00252.x Abramson, L., & Peterson, C. K. (2009).
Cramer, R. J., DeCoster, J., Harris, P. B., PANAS positive activation is associated
Fletcher, L. M., & Brodsky, S. L. with anger. Emotion, 9, 183-196.
(2011). A confidence-credibility model doi:10.1037/a0014959
of expert witness persuasion: Mediating Hucker, S. J. (2005). Pathological gambling.
effects and implications for trial Forensic Psychiatry. ca. Retrieved from
consultation. Consulting Psychology http://www.forensicpsychiatry.ca/impuls
Journal: Practice And Research, 63, e/gambling.htm
129-137. doi:10.1037/a0024591 Karlsson, E., & Archer, T. (2007).
Crawford, J. R., & Henry, J. D. (2004). The Relationship between personality
Positive and Negative Affect Schedule characteristics and affect: Gender and
(PANAS): Construct validity, affective personality. Individual
measurement properties and normative Differences Research, 5, 44-58.
data in a large non-clinical sample. Kerber, C., Black, D. W., & Buckwalter, K.
British Journal Of Clinical Psychology, (2008). Comorbid psychiatric disorders
43, 245-265. among older adult recovering
doi:10.1348/0144665031752934 pathological gamblers. Issues in Mental
Cunningham-Williams, R. M., Abdallah, A., Health Nursing, 29, 1018-1028.
Callahan, C., & Cottler, L. (2007). doi:10.1080/01612840802274933
Problem gambling and violence among Kennedy, S. H., Welsh, B. R., Fulton, K.,
community-recruited female substance Soczynska, J. K., McIntyre, R. S.,
abusers. Psychology Of Addictive O’Donovan, C., … Martin, N. (2010).
Behaviors, 21, 239-243. Frequency and correlates of gambling
doi:10.1037/0893-164X.21.2.239 problems in outpatients with major
Cunningham-Williams, R. M., Gattis, M. N., depressive disorder and bipolar disorder.
Dore, P. M., Shi, P., & Spitznagel, E. r. The Canadian Journal of Psychiatry /
(2009). Towards DSM-V: Considering La Revue Canadienne De Psychiatrie,
other withdrawal-like symptoms of 55, 568-576.
pathological gambling disorder. Kennedy v. Louisiana, 554 U.S. 407 (2008).
International Journal Of Methods In Ledgerwood, D. M., & Petry, N. M. (2010).
Psychiatric Research, 18, 13-22. Subtyping pathological gamblers based
doi:10.1002/mpr.273 on impulsivity, depression, and anxiety.
Forgas, J. P. (1995). Mood and judgment: Psychology Of Addictive Behaviors,
The affect infusion model (AIM). doi:10.1037/a0019906
Psychological Bulletin, 117, 39-66. Leue, A., & Beauducel, A. (2011). The
PANAS structure revisited: On the
validity of a bifactor model in related differences in the characteristics

community and forensic samples. of problem gamblers using a gambling
Psychological Assessment, helpline. The American Journal of
doi:10.1037/a0021400 Psychiatry, 158, 1500-1505.
Lorenz, V. C. (1989). Compulsive gambling doi:10.1176/appi.ajp.158.9.1500
and the expert witness. Journal of Reinhard, M-A., & Dickhauser, O. (2009)
Forensic Sciences, 34, 423-432. Need for cognition, task difficulty, and
Lorenz, V. C. (1988). On being the expert the formation of performance
witness for a compulsive gambler facing expectancies. Journal of Personality and
legal charges. The Journal of Gambling Social Psychology, 96, 1062-1076.
Studies, 4, 320-328. doi: Roets, A., & Van Hiel, A. (2011). An
10.1007/BF01018439 integrative process approach on
Lynch, M., & Haney, C. (2009). Capital jury judgment and decision-making: The
deliberation: Effects on death impact of arousal, affect, motivation,
sentencing, comprehension, and and cognitive ability. The Psychological
discrimination. Law and Human Record, 61, 497-520.
Behavior, online version: DOI Rose, N. (1988) Compulsive gambling and
10.1007/s10979-008-9168-2 the law: From sin to vice to disease. The
Maccallum, F., & Blaszczynski, A. (2002). Journal of Gambling Studies, 4, 240-
Pathological gambling and comorbid 260. doi: 10.1007/BF01018430
substance use. Australian And New Rush, B. R., Bassani, D. G., Urbanoski, K.
Zealand Journal Of Psychiatry, 36, 411- A., & Castel, S. (2008). Influence of co-
415. doi:10.1046/j.1440- occurring mental and substance use
1614.2001.01005.x disorders on the prevalence of problem
Matthews, Farnsworth, & Griffiths, (2009). gambling in Canada. Addiction, 103,
A pilot study of problem gambling 1847-1856. doi:10.1111/j.1360-
among student online gamblers: Mood 0443.2008.02338.x
states as predictors of problematic Rychlak, R. J., & Jarrell, J. M. (2000).
behavior. Cyberpsychology & Behavior, Compulsive gambling as a criminal
12, 741-745. doi: defense. Gaming Law Review, 4, 333-
10.1089/cpb.2009.0050 338. doi:10.1089/glr.2000.4.333.
O'Neil, K. M., Patry, M. W., & Penrod, S. Stewart, S. H., Zack, M., Collins, P., &
D. (2004). Exploring the effects of Klein, R. M. (2008). Subtyping
attitudes toward the death penalty on pathological gamblers on the basis of
capital sentencing verdicts. Psychology, affective motivations for gambling:
Public Policy, And Law, 10, 443-470. Relations to gambling problems,
doi:10.1037/1076-8971.10.4.443 drinking problems, and affective
Patry, N. M., Rash, C. J., & Blanco, C. motivations for drinking. Psychology of
(2010). The Inventory of Gambling Addictive Behaviors, 22, 257-268.
Situations in problem and pathological doi:10.1037/0893-164X.22.2.257
gamblers seeking alcohol and drug Watson, D., Clark, L. A., & Tellegen, A.
abuse treatment. Experimental and (1988). Development and validation of
Clinical Psychopharmacology, 18, 530- brief measures of positive and negative
538. doi:10.1037/a0021718 affect: The PANAS Scales. Journal of
Petty, R. E., & Cacioppo, J. T. (1986). The Personality and Social Psychology, 47,
elaboration likelihood model of 1063–1070.
persuasion. Advances in Experimental Wareham, J. D., & Potenza, M. N. (2010).
Social Psychology, 19, 123–193. Pathological gambling and substance
Potenza, M. N., Steinberg, M. A., use disorders. The American Journal of
McLaughlin, S. D., Wu, R., Rounsaville, Drug and Alcohol Abuse, 36, 242-247.
B. J., & O'Malley, S. S. (2001). Gender- doi:10.3109/00952991003721118
APPENDIX
SUMMARY OF GUILT PHASE IN THE CASE OF:
State v. Kayer, 194 Ariz. 423, 984 P. 2d 31 (1999

The defendant borrowed money from a friend Delbert L. Haas in order to gamble. The defendant
then visited a Nevada casino and gambled away the money lent by Haas. Unable to pay the
money back, the defendant panicked and purchased a firearm from a local store. The defendant
picked up Haas, forced him into the car by gunpoint, and drove him into the middle of the woods.
The defendant proceeded to extract the firearm and shoot Delbert Haas. Haas died as a result of
his injuries. The defendant then robbed Haas’ body, taking his wallet, credit cards, and keys.
Using his keys, the defendant burglarized Haas’ home, and proceeded to another casino with the
stolen money. A few days later, the defendant was arrested after using Haas’ credit card at a local
casino while gambling.
As a result of reading the facts of the case, do you find the

defendant guilty or not guilty of the murder of Delbert L. Haas ?
£ Not Guilty [1]

£ Guilty [2]
IF RESPONDENT INDICATES NOT GUILTY, HE/SHE WILL BE THANKED FOR THEIR PARTICIPATION.
NO INCENTIVE WILL BE AWARDED.
PRE-SENTENCING PHASE JUDGE’S INSTRUCTION
Ladies and Gentlemen/Members of the Jury: As a juror in the sentencing phase of the capital trial
you will hear evidence from both the Prosecution and the Defense. After you have heard evidence
from each side, you will be asked to recommend a sentence of either life in prison without parole,
or death by lethal injection. “Murder” is the killing of any person with malice aforethought, either
express or implied. When the State seeks the death penalty, upon conviction or adjudication of
guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. A
separate sentencing proceeding is conducted to determine whether sentence should be death or
life imprisonment. The Prosecution and the defense are permitted to present arguments for or
against the sentence to be imposed. At the close of this proceeding, I will instruct you on the law
in this case.
Before you proceed to the sentencing phase, do you feel that your views on the death penalty,
either in favor or opposed, would prevent or substantially impair you from considering both
penalties in this case? (Life in prison vs. death penalty)
£ No [1]
£ Yes [2]
PRE-TRIAL JUROR QUESTIONNAIRE
Thank you for agreeing to participate in our study. Your responses are important to our
research. Please answer every question on this form by placing a check in the box that
corresponds to the appropriate response.
Your gender:
£ Male [1]
£ Female [2]
Into which of the following age categories do you fall:
£ 18-24 [1]
£ 25-34 [2]
£ 35-44 [3]
£ 45-54 [4]
£ 55-64 [5]
£ 65 or older [6]
Which of the following characterizes your background?
£ Caucasian [1]
£ Hispanic [2]
£ African-American [3]
£ Other [4]
What is your religious affiliation?
£ Catholic [1]
£ Protestant [2]
£ Jewish [3]
£ Muslim [4]
£ Other [5]
Your marital status:
£ Single [1]
£ Married [2]
£ Separated [3]
£ Divorced [4]
£ Widowed [5]
Are you a United States citizen:
£ No [1]
£ Yes [2]
How would you evaluate your political views?
£ Liberal [1]
£ Slightly Liberal [2]
£ Slightly Conservative [3]
£ Conservative [4]
Do you have a valid driver’s license?
£ No [1]
£ Yes [2]
Are you a registered voter?
£ No [1]
£ Yes [2]
Have you ever served on a jury?
£ No [1]
£ Yes [2]
What is your employment status? (Only check one)
£ Not working now/unemployed [1]

£ Retired [2]
£ Student [3]
£ Homemaker [4]
£ Employed full-time [5]
£ Employed part-time [6]
Are you, a close friend of, or related to, anyone employed in the justice system? (police officer,
judge, attorney, etc.)
£ No [1]
£ Yes [2]
What is the highest year of education you have attained?
£ Less than high school [1]

£ Attended some high school [2]
£ High school diploma [3]
£ Partial college or junior college [4]
£ College degree [5]
£ Post-graduate college degree [6]
Which of the following best describes your view regarding the death penalty:
£ Appropriate in all cases where someone has been murdered. [1]

£ Generally appropriate with very few exceptions. [2]
£ Generally opposed with very few exceptions. [3]
£ Opposed in every possible case where someone has been murdered. [4]
Please use the following scale to answer these questions.
Completely false Completely true

1 2 3 4 5
_________ I prefer complex problems to simple problems.
_________ I like to have the responsibility of handling a situation that requires a lot of thinking.
_________ Thinking is not my idea of fun.
_________ I would rather do something that requires little thought than something that is sure to
challenge my thinking abilities.
__________I try to anticipate and avoid situations where there is likely a chance I will have to
think in depth about something
_________ I find satisfaction in deliberating hard and for long hours.
_________ I only think as hard as I have to.
_________ I prefer to think about small, daily projects to long-term ones.
_________ I like tasks that require little thought once I've learned them.
_________ The idea of relying on thought to make my way to the top appeals to me
_________ I really enjoy a task that involves coming up with new solutions to problems.
_________ Learning new ways to think doesn't excite me very much.
_________ I prefer my life to be filled with puzzles that I must solve.
_________ The notion of thinking abstractly is appealing to me..
_________ I would prefer a task that is intellectual, difficult, and important to one that is
somewhat important but does not require much thought.
_________ I feel relief rather than satisfaction after completing a task that required a lot of
mental effort
_________ It's enough for me that something gets the job done; I don't care how or why it works.
__________ I usually end up deliberating about issues even when they do not affect me
personally.
Please circle the number that corresponds most closely to how you feel.
It is immoral for society to take a life regardless of the crime the individual has committed.
1 2 3 4 5 6 7 8 9
Strongly disagree Strongly agree
Executing a person for premeditated murder discourages others from committing that crime in the
future.
1 2 3 4 5 6 7 8 9
The death penalty is the just way to compensate the victim’s family for some murders.
1 2 3 4 5 6 7 8 9
It is more cost efficient to sentence a murderer to death rather than to life imprisonment.
1 2 3 4 5 6 7 8 9
The death penalty should be used more often than it is.
1 2 3 4 5 6 7 8 9
There are some murderers whose death would give me a sense of personal satisfaction.
1 2 3 4 5 6 7 8 9
There is no such thing as a sentence that truly means "life without parole."
1 2 3 4 5 6 7 8 9
The desire for revenge is a legitimate reason for favoring the death penalty.
1 2 3 4 5 6 7 8 9
Executing a murderer is less expensive than keeping him in jail for the rest of his life.
1 2 3 4 5 6 7 8 9
The death penalty does not deter other murderers.

1 2 3 4 5 6 7 8 9
No matter what crime a person has committed executing them is a cruel punishment.
1 2 3 4 5 6 7 8 9
Even when a murderer gets a sentence of life without parole, he usually gets out on parole.
1 2 3 4 5 6 7 8 9
I think the death penalty is necessary.
1 2 3 4 5 6 7 8 9
The death penalty makes criminals think twice before committing murder.
1 2 3 4 5 6 7 8 9
Society has a right to get revenge when murder has been committed.
1 2 3 4 5 6 7 8 9
This scale consists of a number of words and phrases that describe different feelings and emotions.
Read each item and mark the appropriate answer in the space next to that word. Indicate to what
extent you feel this way right now. Use the following scale to record your answers:
1 2 3 4 5
very slightly or not at all a little moderately quite a bit extremely
______attentive ______ strong
______ irritable ______ inspired
______ afraid ______ alert
______ upset ______ active
______ guilty ______ nervous
______ excited ______ hostile
______ proud ______ jittery
______ ashamed ______ scared
______ enthusiastic ______ distressed
______ determined ______ interested

REVIEW OF FACT PATTERN
(George or Mary) Russell Kayer borrowed money from his/her friend Delbert L. Haas in order to
gamble. The defendant visited a Nevada casino and gambled away the money lent to him/her by the
victim. Knowing (s)he was unable to pay the money back, Kayer panicked and purchased a firearm
from a local store. Kayer then picked up Haas, forced him into a car by gunpoint, and drove him
into the middle of the woods. Kayer proceeded to extract the firearm from his/her belt and during a
struggle, the gun discharged, and Haas died as a result of his injuries. Kayer then robbed Haas’
body, taking his wallet, credit cards, and keys. Using his keys, Kayer burglarized Haas’ home, and
proceeded to another casino with the stolen money. A few days later, Kayer was arrested after using
Haas’ flagged credit card at a local casino while gambling.
PRE-SENTENCING PHASE JUDGE’S INSTRUCTION
Ladies and Gentlemen/Members of the Jury: As a juror in the sentencing phase of the capital trial of
(George or Mary) Kayer, you will hear evidence from both the Prosecution and the Defense. After
you have heard evidence from each side, you will be asked to recommend a sentence of either life
in prison without parole, or death by lethal injection. “Murder” is the killing of any person with
malice aforethought, either express or implied. When the State seeks the death penalty, upon
conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate
sentencing proceeding. A separate sentencing proceeding is conducted to determine whether
sentence should be death or life imprisonment. The Prosecution and the defense are permitted to
present arguments for or against the sentence to be imposed. At the close of this proceeding, I will
instruct you on the law in this case.
OPENING STATEMENTS
PROSECUTION
Ladies and Gentlemen of the jury, as you have already found, Delbert Haas’ life was cut short by
the defendant, George/Mary Kayer. The defense has presented a case claiming that Kayer is sick
and that the death of Mr. Haas was an accident. The law in the state of Arizona dictates that first-
degree murder occurs when someone takes the life of another human being through a premeditated
and intentional act, and the punishment for first-degree murder is death by lethal injection. Despite
Mr./Ms. Kayer’s alleged illness(es), s/he killed a man in a premeditated fashion and still had the
capacity to distinguish right from wrong, and thus should be punished for his actions. Ladies and
Gentlemen of the jury, I implore you to make the right decision and use our justice system to its
fullest extent. Punish Mr./Ms. Kayer for his/her actions, and give him/her the death penalty.
DEFENSE
Ladies and Gentlemen of the jury, George/Mary Kayer has a severe addiction that classifies as
pathological gambling.. The driving need to feed this addiction has hurt the defendant’s family,
friends, and destroyed his/her life. Due to mental illness, my client cannot be sentenced to death for
these actions. (S)he could not control the addiction, and Delbert Haas was an unfortunate victim of
Mr. Kayer’s impaired cognitive capacity. Delbert Haas’ death was unintentional on the part of
George/Mary Kayer, as it resulted from a struggle in the middle of the woods which ended with the
discharge of Kayer’s gun and consequently Mr. Haas’ death.* The prosecution has persuaded you
that my client intentionally and with malice, killed Delbert Haas. However, due to his/her
condition, my client cannot be held responsible for these actions, and does not deserve the death
penalty. Life imprisonment would suffice as punishment to my client’s alleged actions.
EXPERT TESTIMONY OF DR. BROWN

GAMBLING ONLY CONDITION
Defense: Dr. Brown, please state your name and credentials for the record.
Dr. Brown: My name is Dr. Emmitt Brown. I received my undergraduate degree in Psychology
from Yale University and my doctoral degree in forensic psychology from the University of
Michigan. I have testified in over two hundred cases involving mental disorders and capital
sentencing.
Defense: Dr. Brown, please inform the court of your work with the Defendant, George/Mary
Kayer.
Dr. Brown: I was hired by the court to examine Mr. /Ms. Kayer over the past several weeks. In a
series of clinical interviews, I have determined Mr. /Ms. Kayer’s current mental state.
Defense: Dr. Brown, during your interviews, did Mr. /Ms. Kayer exhibits any signs of mental
disease or defect?
Dr. Brown: Through my contact with Mr. /Ms. Kayer, I have found that the defendant shows
signs of what is classified in the Diagnostic and Statistical Manual of Mental Disorders, also
known as the DSM-IV, as Impulse-Control Disorders Not Elsewhere Classified: Pathological
Gambling.
Defense: And Dr. Brown, how is one classified to have an Impulse Control Disorder?
Dr. Brown: This particular mental disorder, Impulse Control Disorder Not Elsewhere Classified:
Pathological Gambling is classified in the DSM-IV as “a persistent and recurrent maladaptive
gambling behavior that disrupts personal, family, or vocational pursuits”.
Defense: How does Mr. /Ms. Kayer qualify for having this mental disorder?
Dr. Brown: Mr. /Ms. Kayer exhibits more than five of the diagnostic criteria listed in the DSM-
IV.
Defense: What is this criterion that is met?
Dr. Brown: Mr. /Ms. Kayer exhibit the following behaviors:

1. He/she is preoccupied with gambling
2. Needs to gamble with increasing amounts of money in order to achieve the desired
effect
3. Has repeated unsuccessful effort to control, cut back or stop gambling
4. After losing money gambling, often returns another day to get even, which is
considered chasing one’s losses
5. Has committed illegal acts such as forgery, fraud, theft, or embezzlement to finance
gambling
6. Has jeopardized or lost a significant relationship because of gambling
Defense: Dr. Brown, how did Mr. /Ms. Kayer show these symptoms?
Dr. Brown: Well, Mr. /Ms. Kayer exhibited all of these symptoms during the crime he
committed against Mr. Haas. He/she has become so preoccupied with gambling, that even after
murdering a good friend, Mr. /Ms. Kayer returned to the casino to gamble. The defendant has
gambled with extensive amounts of money, which can also been seen from the money borrowed
from the victim. Mr. /Ms. Kayer has had extensive losses, yet he/she continues to return to the
casino. Mr. /Ms. Kayer has committed multiple illegal acts during this episode of Impulse Control
Disorder Not Elsewhere Classified: Pathological Gambling. Not only did he murder Mr. Haas, he
also committed felonies of robbery and burglary. The murder of Mr. Haas also signifies a loss of
a significant relationship due to gambling.
Defense: Dr. Brown, in your professional opinion, can Mr. /Ms. Kayer be held responsible for his
actions?
Dr. Brown: Mr. /Ms. Kayer suffers from a mental disease, which impaired his judgment and
caused the death of Delbert Haas.
Defense: Thank you for your testimony Dr. Brown.
CROSS-EXAMINATION BY THE PROSECUTION

Prosecution: Dr. Brown, even with this so-called mental disease, can Mr. /Ms. Kayer distinguish
between right and wrong?
Dr. Brown: Yes he can.
Prosecution: Thank you Dr. Brown. That is all.
DEFENSE CLOSING ARGUMENT
Ladies and Gentlemen, while the death of Delbert Haas was an unfortunate accident, it should not
also cost the life of my client, George/Mary Kayer. My client has made mistakes, but s/he does
not deserve the death penalty. Instead s/he should be granted life imprisonment. Your verdict
should be based on serious consideration of the mitigating circumstances presented in this case:
significant impairment and no prior criminal record. Ladies and Gentlemen of the jury, giving my
client the death penalty is just taking another life. Don’t make the decision that will murder my
client as well, give him/her life imprisonment. Thank you.
PROSECUTION CLOSING ARGUMENT
Ladies and Gentlemen, George/Mary Kayer took the life of Delbert Haas. Our justice system has
put in place the death penalty to rid society of people who murder and deter others from
committing the same heinous crime. George/Mary Kayer’s attorney has tried to convince you that
his/her life should be spared. George/Mary Kayer killed Delbert Haas and s/he needs to be
punished for his actions. Ladies and gentlemen your verdict should be based on serious
consideration of the aggravating circumstances presented in this case: the especially heinous
nature of the offense and the commission of robbery by the defendant. By giving George/Mary
Kayer the death penalty, s/he will never hurt or kill anyone again. Thank you.
JUDGE’S INSTRUCTIONS
Members of the jury, at this phase of the sentencing hearing, you will determine whether the
Defendant will be sentenced to life imprisonment or death. It is your duty to follow the
instructions whether you agree with them or not. You are the sole judges of credibility of the
witness and what weight is to be given the testimony of the witness. In considering the witness
testimony you may take into account the opportunity and ability of the witness to observe the
defendant and any interest, bias or prejudice the witness may have in light of all the evidence, and
any other factors that bear on credibility.
Mitigating circumstances are not an excuse or justification for the offense, but are factors that in
fairness or mercy may reduce the Defendant’s moral capability. The evidence you shall consider
in determining mitigation includes any aspect of the defendant’s character, or record and any of
the circumstances of the offense that might justify a penalty less severe than death. Mitigating
circumstances may include but are not limited to the following:
1. Significant impairment
2. Unusual and substantial duress
3. Death not reasonably foreseeable
“Significantly impaired” means that the defendant suffered from mental illness (behavioral
addiction to gambling) or alcohol abuse at or near the time of the offense, that prevented the
defendant from appreciating the wrongfulness of the conduct or conforming his conduct to the
requirements of the law. If you find by a preponderance of the evidence that the defendant was
significantly impaired, then you shall consider this impairment as a mitigating circumstance when
determining whether to sentence the defendant to life imprisonment or death.
When considering “substantial duress” duress means any illegal or legal imprisonment, or threats
of bodily harm, or other means tending to coerce the will of another, and actually inducing the
defendant to do an act contrary to his or her free will. If you find, by a preponderance of the
evidence that the defendant was under unusual and substantial duress, then you shall consider such
duress as a mitigating circumstance when determining whether to sentence the defendant to life
imprisonment or death. It is a mitigating circumstance that the defendant could not have
reasonably foreseen that his conduct during the commission of the offense would either:
1. Cause the death of the victim or

2. Create a grave risk of causing the death of the victim.
“Could not have reasonably foreseen” means that a person in the defendant’s position at the time
of the offense could not have intended or known that his conduct would result in the death of
victim. If you find by a preponderance of the evidence that the defendant could not have
reasonably foreseen the victim’s death, then you shall consider such foreseeability as a mitigation
circumstance when determining whether to sentence the defendant to life imprisonment or death.
Each death sentence must rest on two findings: proof beyond a reasonable doubt of at least one
aggravating circumstance and a finding that there are no mitigating circumstances sufficiently
substantial to call for leniency. Aggravating circumstances you are allowed to consider include: 1.
The defendant committed the offense in an especially heinous, cruel or depraved manner, 2. The
offense was committed in a cold, calculated manner without pretense of moral or legal
justification, 3. The defendant committed burglary in the second degree.
POST-TRIAL JUROR QUESTIONNAIRE
Please place a check in the box that corresponds with your response.
Please recommend a sentence for the defendant in this case.
£ Life in prison [1]

£ Death by lethal injection [2]
Please circle the number that corresponds most closely to how you feel.
How confident are you of your sentencing recommendation?
1 2 3 4 5 6 7 8
Not at all confident Completely confident
Using the following scale, please circle the number that reflects your opinion of the credibility of
Dr. Brown, the expert witness
1 2 3 4 5 6 7 8
Not at all credible Completely credible
Based on the testimony, how troubled was the defendant’s life?
1 2 3 4 5 6 7 8
Not at all troubled Completely troubled
Please indicate on a scale of 0% to 100%, the extent to which each of the following factors
influenced your sentencing decision.
The defendant was significantly impaired at the time of the crime, due to his addiction to
gambling.
_______%
The defendant committed the offense in an especially heinous, cruel, or depraved manner.
_______%
The offense was committed in a cold, calculated manner without pretense of moral or legal
justification.
_______%
The defendant has no prior criminal history.
_______%
The defendant committed robbery.
_______%
Please indicate your perception of the defendant based on the testimony by selecting the
number that corresponds most closely to how you fee.
The defendant suffered from a mental disease or defect.

1 2 3 4 5 6 7
The circumstances of the defendant’s life lessen his responsibility for the crime.
1 2 3 4 5 6 7
The details of the crime negate the circumstances of the defendant’s life.
1 2 3 4 5 6 7
The defendant is a danger to society.

1 2 3 4 5 6 7
The defendant is not ill, only trying to avoid punishment.

1 2 3 4 5 6 7
Please indicate whether or not the judge made the following statements in his instructions to
the jury:
Proof beyond a reasonable doubt of at least one aggravating circumstance.
£ The judge made this statement in his instructions to the jury [1]
£ The judge did not make this statement in his instructions to the jury [2]
Mitigating circumstances may support a decision not to support the death penalty.
You are allowed to consider the number of years of experience of the expert providing testimony
in this case.
Significant impairment is meant to be considered as an aggravating circumstance in this case.
How seriously did you take your role as a juror in this case?
1 2 3 4 5 6 7 8
Not at all serious Completely serious
What was the gender of the defendant?
£ Male [1]
£ Female [2]
Which of the following did the expert discuss in relation to the defendant's mental capacity?
(Check all that apply)
£ Impulse-Control Disorders Not Elsewhere Classified: Pathological Gambling

£ Generalized Anxiety Disorder
£ Major Depressive Disorder
£ Substance Abuse Disorder
DEBRIEFING
We appreciate your participation in our study on juror perceptions. The responses you provided
will be used to examine effects of testimony regarding evidence of gambling and other addictions
on sentencing verdicts. For addition information about this topic, the following is an excellent
resource:
Hucker, S. J. (2005). Pathological gambling. Forensic Psychiatry. Retrieved from
http://www.forensicpsychiatry.ca/impulse/gambling.htm
If you have any concerns regarding this study, please feel free to contact Dr. Judith Platania in the
Feinstein College of Arts and Sciences Building Office 104, via e-mail at jplatania@rwu.edu or at
401-254-5738. Thank you for your participation. *If you are experiencing stress and need
assistance, please contact the Roger Williams University Counseling Center at (401) 254-3124.
We would like to thank you for your time, please follow the instructions to collect $10.
Figures
Positive and
Negative Affect
Attitudes β = .37, Con2idence and

Toward The p < .001 Sentencing
Death Penalty
Figure 1. Direct information processing approach of the Affect Infusion Model. This figure
illustrates direct processing, utilized by jurors in terms of the relation between their Attitudes
Toward the Death Penalty and confidence and sentencing.
Attitudes
Toward the
Death Penalty
Perceptions of β = -‐.44 Con2idence and

the Defendant p < 001 Sentencing
Figure 2. Heuristic information processing approach of the Affect Infusion Model. This figure
illustrates heuristic information processing, where participants’ Attitudes Toward the Death
Penalty acted as a moderated mediator on the relationship between their perceptions of the
defendant and confidence in sentencing.
The defendant was

signi2icantly impaired at
the time of the crime, due
to gambling (SF1)
Signi2icant impairment is

meant to be considered as
an aggravating Con2idence and Sentencing
circumstance (JI4)
Figure 3. Substantive information processing approach of the Affect Infusion Model (Data-
Driven). This model illustrates the partial mediation effect of the extent to which participants
considered the idea that the defendant was significantly impaired as a result of pathological
gambling behavior on the relationship between jurors’ comprehension of the false fourth judges
instruction and their confidence and sentencing.
Need For Cognition
"Proof beyond a
reasonable doubt of at Con2idence and
least one aggravating Sentencing
circumstance" [JI1]
Figure 4. Substantive information processing approach of the Affect Infusion Model

(Hypothesis). This figure illustrates the partial mediation effect of Need for Cognition on the
relationship between the first judge’s instruction and confidence and sentencing.
Defendant
Gender
Participant Con2idence and

Gender Sentencing
Figure 5. Peripheral route processing of the Elaboration Likelihood Model. This figure illustrates
the perceived tendency of defendant gender to partially mediate the relationship between
participant gender and confidence and sentencing.
The Impact of Priming, Legal Attitudes, and Media Exposure

On Perceptions of Defendants
Elizabeth Magner
The current study examined the effects of priming on perceptions of a defendant in a

robbery case. In a 3 x 3 factorial design, we tested media exposure (articles favoring
prosecution v. defense v. neutral) and priming certain words (favoring prosecution v.
defense v. neutral words) on perceptions. The data indicated when participants were
primed with words that favored the prosecution, they were significantly more likely to
agree with the statement “Jack Smith robbed the bank to feed his gambling problem”.
Type of article did not matter when words were neutral or pro-defense but did matter
when participants read a pro-prosecution article. Results also indicated that participants
were more likely to remember statements/words that were pro-prosecution rather than
pro-defense.
Keywords: media exposure, priming, legal attitudes
Cognitive psychologists have conducted crime. It will present a situation in which the
extensive research exemplifying the idea participant will be presented with separate
that the human mind is both fragile and criteria that could potentially prime them
suggestible. Every day, humans are into thinking or feeling a certain way about a
presented with scenarios that shape their criminal’s situation. By using news articles,
opinions, views and judgments about along with target priming words/questions,
various stimuli. While this may be beneficial we will examine the differential impact of
because it offers humans a sense of media influence, priming and legal attitudes
preparedness in their judgments, it is on the perceptions of a defendant in criminal
dangerous to think of the constant influence cases.
that the susceptible human mind is exposed
to on a regular basis. Applying these ideas to As said before, one of the disadvantages
a legal setting creates the possibility of an of criminal trials is the possibility of juror
even greater threat. While a jury is bias. Juror bias has always been a crucial
beneficial in both offering the defendant a issue in the criminal justice systems.
fair and unbiased trial, there are numerous Although there are safeguards that attempt
factors, both implicit and explicit, that can to keep outside bias from reaching the
influence a jury into thinking or feeling a deliberation room, there are plenty of other
certain way that may potentially create a inside influences that jurors have to deal
bias in jury decision, thus resulting in an with while being in the courtroom setting
undeserved sentence. (Studebaker & Penrod, 1997). For instance,
the judge, who is the authority of the
The current research will take into courtroom, is a much-respected individual.
account the previously mentioned problems When the judge instructs the jury there is a
by addressing numerous influences that the potential for bias. For example, when
jury faces when making judgments about a inadmissible evidence is given in the
PRIMING, LEGAL ATTITUDES, AND MEDIA EXPOSURE 357
courtroom, the judge will instruct the jury to events happening around the world. Their
disregard the evidence, thus inhibiting the influence in court situations can create a bias
backfire effect (Hope, Memon & that could potentially make the trail
McGeourge, 2004) Also, when presented unconstitutional. Fortunately, the criminal
with scientific evidence, the information justice system has established safeguards as
may be too difficult to understand. This an attempt to prevent outside influences
could also account for juror bias in terms of from creating bias within the court system.
simply trusting a more educated individual However, recent research has shown that
with information they may or may not sometimes these safeguards are not efficient.
understand (Daftary-Kapur, Dumas, & One study concluded that the effects of
Penrod, 2010). This presents an issue pretrial publicity can make it its way into the
because it can potentially create a bias courtroom without much trouble. Research
causing both an unfair trial and also a breach has shown that media influenced opinions,
to the 6th Amendment. are difficult to detect in jury selection and
can also be unaffected by the presentation of
Apart from courtroom influences, there evidence that could counter the
have been ample amounts of research that predetermined beliefs. The opinions that are
have examined the several different factors gained from the media can sometimes be so
that can influence the human mind into strong that they can bypass judicial authority
holding specific opinions about certain and even intensify through jury deliberations
situations. One of the most extensive (Studebaker & Penrod, 1997).
researched portions, and probably the most
common in everyday life, is the influence With the strictness of the justice system,
that the media has on society’s attitudes and it is puzzling to understand the
perceptions. Everyday, individuals around ineffectiveness of theses safeguards. One
the world are faced with media influences specific study suggests that these safeguards
through newspapers, magazines, fail due to multiple cognitive reasoning. For
advertisements, radio programs and news instance, during the encoding process of
shows. Whether it is intentional or not, each PTP, people have no reason to question the
form of media creates a certain bias that data they are putting into their memory.
influences its audience in either positive or Without this questioning, the information is
negative ways. encoded into memory, making it very
difficult to consciously suppress (Studebaker
Pretrial Publicity Effects in the Literature & Penrod, 1997). Problems arise due to the
fact that most of those involved in the
Pretrial publicity (PTP) is a section of criminal justice system, see these safeguards
media influences that is highly researched as being sufficient. With the problem not
due to the nature and severity of the recognized by the justice system, the idea
concerns that it entails. The issues span not that media influences can present a real
only from individual trial cases but also to a problem in the legal system is clearly
broader constitutional problem. According visible.
to the 6th Amendment, Americans have the
right to a fair trial; including an impartial With the research that supports the
jury (Ruva, McEvoy & Bryant, 2006). failing of the safeguard, participants in court
Advancements in technology have tested the are put in a seriously bad situation.
limits of this amendment by making the Depending on whether or not the media sees
accessibility of local, national, and world their case as positive or negative, the
news more readily available. Televisions, outcomes of the trial can be in serious
computers, smart phone, newspapers and jeopardy. Rather than having the case be
radios have all contributed to the judged but an unbiased jury, the influence of
accessibility as they relay information about PTP creates a situation susceptible to
outsider. There are extreme effects that can (Greene & Wade, 1998). Although the pre
be attributed to these outsider opinions, thus trial information was not related to the trial,
causing the defendant to receive a sentence it still had an effect on the outcome. This
that is undeserving. shows that even outside of PTP for the
specific case, material that is read about any
Research has shown that there are aspect of a trial or court situation can have
several specific factors that are directly an effect on the jurors. With more guilty
affected by the media influences of pretrial verdicts, more people’s lives will be unfairly
publicity. One of these factors is pre- affected by bias within the court systems.
decisional distortion. This process occurs
when a juror is given information that is in Along with guilty verdicts, research has
favor of one side and therefore views any also shown that the amount of sentence
new evidence with a bias of the previously length suggested by the juror for the
learned information. Research has shown possible defendant also was affected by
that pretrial publicity has a significant effect pretrial publicity. One study concluded that
on whether or not participants had pre- once a juror found a defendant guilty, the
decisional distortion. Exposure to media amount of time determined as an appropriate
influences causes potential jurors to create a sentence increased significantly when they
certain belief about an individual based on were exposed to news articles negatively
previous knowledge of the PTP, rather than speaking about the defendant (Ruva et al.,
through their own untainted opinions. One 2006). The research shows that even though
article shows that pre-decisional distortion is the PTP did not affect the guilt rating, it did
directly related to any PTP, which favors affect the extent to which the participants
either the prosecution or defense. The author thought that the defendant should be
provides support of pre-decisional distortion punished.
by explaining previous research stating how
people commonly demonstrate a social Another factor influenced by the media
psychological theory called the confirmation is how credible the jury views the defendant
bias. The confirmation bias describes a (Ruva & McEvoy, 2008; Ruva et al., 2006).
focus on ideas or characteristics that support In the studies mentioned previously, when
their own opinions about a certain person or the participants where exposed to news
situation (Hope et al., 2004). Combining the articles that negatively spoke about the
confirmation bias with PTP creates a defendant, the jury was significantly more
blindness in jury members that likely to view the defendant as not credible.
subconsciously breaches the criminal The authors also mention that the influence
justices safeguards and finds its way into of other jurors during the deliberation
deliberation. process causes a more extensive punishment
length over those who did not deliberate
Another factor that is affected by media (Ruva et al., 2006). This finding
influences is the amount of guilty verdicts demonstrates that even when PTP does not
that are given to the defendant. Numerous affect everyone individually, it can still find
studies have shown that exposure to PTP it way into creating juror bias through
increases the likelihood of a guilty verdict deliberation.
(Greene & Wade, 1998; Hope et al., 2004;
Ruva et al., 2006; Ruva & McEvoy, 2008;). PTP also has an effect on the memory of
Specifically, one article demonstrated that a juror. Pretrial publicity has the potential to
participants were more likely to render a prepare the juror for source memory errors,
guilty verdict after reading about a series of which could influence juror bias. This
heinous crimes compared to those who were means that jurors who are exposed to PTP
not exposed to pretrial publicity. This was are more likely to confuse the information
the most prevalent in robbery-murder cases they obtained from the PTP to information
they received in court (Ruva & McEvoy, highly influential in the decision making
2008). When exposed to information, it is process of individuals.
difficult for a juror to distinguish from two
separate sources. Also, another study Priming has been a prominent matter in
showed that specifically in the deliberation society because its means are both
phase, jurors were more confident that their widespread and effective over a range of
memory errors were correct when they were issues. Throughout everyday life, people
exposed to PTP compared to? (Ruva et al., are persuaded by influences from previous
2006). This demonstrates that PTP has a experience as well as communication with
serious effect on memory of the juror and other individuals. Priming can go both
therefore creates an ideal environment for ways, by making something seem more
juror bias and unfair trials. positive or more negative depending on the
content of the primed situation. Although
The current research has taken into some people are aware of the means of
account the factors that the media influences priming, most of the time priming is
as well as the problems that arise due to its something that happens implicitly. This is
interference in the criminal justice system. dangerous because if people are not aware
By seeing that media can indeed have an of the priming that occurs, they have no way
effect on the outcome of a trial, the current to control or suppress it. The types of
study will address this issue by giving priming that can occur to people are
participants news articles to read that countless. However, cognitive psychologists
generally favor the defense or the have done extensive research to address
prosecution. Keeping this in mind, we specific issues of priming and to understand
anticipate seeing a change in opinions as the the extent to which priming can influence
news articles influence the participant’s the attitudes and opinions of others.
views on the defendant during a robbery
case. One of the most famous studies
examining priming was Roediger and
The Role of Priming McDermott’s experiment on false
recognition and false recall. Known now as
The reason why media influence can the DRM Paradigm, the study utilized the
have such an extensive effect on jurors is use of priming words to create false
that the information given is cognitively memories. When participants were
imbedded into their memories. This presented with a list of words that all had
psychological phenomenon is called similar associations (ex: rest, awake, bed,),
priming. Priming can have a significant they were more likely to produce false
effect on the outlooks of people and also can memories for a specific target word that had
strongly influence in the personal decisions. the same association (ex: sleep). Overall,
For instance, research has shown that these false target words were recalled 40%
priming is one of the most significant of the time and were recognized 55% of the
influences on the outcome of political time (Roedigger & McDermott, 1995). This
elections. For example, in a recent study study demonstrated that with the use of
when participants were exposed to various correct words, the human brain was
aspects of a politicians campaign, they often susceptible to thinking in alternative ways.
adapted the politician’s views as their own.
The influence that the campaign had not Priming is a cognitive issue and
only swayed the participant’s opinions but therefore affects certain processes of the
also interfered with their cognitive brain. Similar to the DRM Paradigm other
processing (Lenz, 2009). With studies such research has done to support that idea that
as this, it can be seen that priming can be priming can influence people through the
alteration of memory. One of the most
common themes researched in priming is its that most of the time it attacks an
ability to create and support false individual’s implicit memory. This means
recognition. For example, one study that that priming is usually done to the
used repetition priming and recognition to subconscious and therefore the individual
try and isolate implicit memory found that being primed may not be aware of what
when priming was absent, as too was exactly is happening. People as a whole all
recognition (Abraham & Appiah, 2003). have certain attitudes for stimulus in society.
Similar to this, researchers found that when Unfortunately sometimes priming can play
women were exposed to negative off of already established implicit attitudes.
stereotypes, they did significantly worse on For instance, when specific women who
a memory test than those who were exposed were highly skilled at math were exposed to
to no priming stimuli (Stein, Blanchard- stimuli that suggested that math was a skill
Fields & Hertzog, 2002). In addition, when that is naturally learned, they felt more
researchers were presented with a DRM anxiety when doing math problems over
style word list, they were very likely to those participants who were exposed to
falsely recall a color on this list associated stimuli that suggested that math was a skill
with word presented (Dewhurts, Knott, & that could be improved with hard work. In
Howe, 2011). Along with this, another the second part of this experiment, certain
study that focused on Test Induced Priming “moderately” skilled women who were
(TIP) concluded that TIP increases exposed to the naturally learned stimulus did
participant’s false recognition by disturbing not attempt to do as many math problems as
the source monitoring process and therefore those exposed to the workable skill
inhibiting the cognition of the brain from condition (Burns & Isbell, 2007). This
being able to distinguish between where the shows that priming can influence attitudes to
given information was coming from (Burns a great extent and can even account for
& Isbell, 2007). This shows that priming better performance criteria during testing
does have a direct influence on the memory situations.
of individuals.
Another study that demonstrated how
On the other hand, research has also priming can affect implicit memory is
shown that under some circumstances through the examination of the contrast
priming can significantly increase the effect. The contrast effect emphasizes the
effectiveness of memory. For example, one importance of context when establishing an
study employed repetition priming and test attitude about something. One particular
recognition to try and isolate implicit study focuses on how the contrast effect and
memory. The results showed that when priming can go hand in hand. When
priming was present, recognition was also participants were asked to separate pictures
present (Abraham & Appiah, 2003). into either a positive or negative category,
Another study showed that when females those who were primed with positive words
were primed with gender stereotypical were more like to put neutral pictures into a
information, they were more likely to recall the positive category and those who were
feelings of intense emotion after being primed with negative words were more
exposed to stimuli that was negative in likely to put neutral pictures into the
nature (Van Boven & Robinson, 2011). negative category. This shows that a simple
These studies support the idea that priming word list that was read before a task
can have an impaired effect on a whether or influenced them into changing their attitudes
not a person can accurately remember a and contrasting the picture to the previously
situation. primes they were exposed to (Scherer &
Lambert, 2009).
One of the main reasons why priming
can be an extensively effective process is
Stereotypes the news articles, and the priming that

occurs through the target words given in the
Extensive research has been conducted scenario, we can anticipate seeing an
investigating how stereotypes affect influence in the perception of the defendant
individuals’ views on others. One stereotype in the case given.
that is commonly used is racial stereotypes.
For instance, one study concluded that Along with media influences and
participants, who were exposed to prime priming, legal attitudes are another factor
conditions that stereotyped immigrants, that can have an effect on the outcome of a
were more likely to falsely recognize trial. It is mentioned previously that both
attributes that were commonly associated media influence and priming can greatly
with the specific stereotype (Araya, manipulate people views and opinions. Mix
Ekehammer & Akrami, 2003). Similar to these influences with a legal settings and it
this, another studied showed that when creates a problem that is too serious to
participants were exposed to implicit racial ignore. Attitudes towards legal situations
images of African Americans, it lead to a can vary amongst members of society.
stronger association of African Americans Based on a person’s particular views or
with social problems that were presented in values, people can be readily influenced by
a story (Abraham, & Appiah, 2003). Along those around them. Both cognitive and
with race, research has also been done on social theories can influence and affect a
stereotypes of gender. One specific study person’s attitudes towards the justice
concluded that when participants were system. Combine this with the stereotypical
exposed to various pronouns regarding respect that is often associated with
gender, they were faster in responding to authority figures such as judges and lawyers,
gender consistent material over gender bias may be created within the system. With
irregular material. For example, when this bias, there can be unfair ruling, which
participants were presented with a prime that could cause a breach in an individual’s
was commonly associated with one specific constitutional rights. There are several
gender (e.g., nurse), they were quicker in different factors that can affect legal
their response when the pronoun presented attitudes, thus affecting a person’s opinion
was consistent with the stereotype (e.g., about a certain legal situations.
she), rather than inconsistent (e.g., he)
(Banaji & Hardin, 1996). This shows how Legal Attitudes
priming, combined with stereotypes can
produce implicit judgments that can have a Research has been conducted to support
significant effect on the attitudes that people the idea that individuals’ attitudes towards
feel towards certain stimuli. the legal system can be affected by
numerous stimuli. One particular study
As it can be seen from the previously analyzed multiple factor that can have
mentioned literature, priming can have a serious influence on individual’s personality
serious effect on the attitudes and opinions traits also proved to be influential factors
that people have. For the current research, that can affect outlooks on the legal system.
we will include a scenario with priming For example, those who’s outlook on life
words in order to address the issues that follow “belief in a just world”, meaning that
have been previously researched. The people get what they deserve, proved to be a
priming words will either favor the defense significant aspect of participant’s personality
or the prosecution and will play off of that influenced their attitudes about the legal
implicit categorization that people often system (Martin & Cohn, 2004). This shows
associates with crimes and a criminal that although there are often times tangible
setting. Combined with the priming that can influences that effect criminal trials,
potentially take place with the exposure to sometimes a person’s internal characteristic
can be extremely influential to their trial verdict. The study concluded that there is a
input. significant effect between those who scored
high on the authoritarianism scale and the
Authoritarianism is another personality likelihood of conviction. This means that
trait that can be a very influential outlook in those who are influenced authoritarianisms
the lives of those who follow it. Society has are more likely to convict someone in a legal
set up standards for people to look to setting (Narby et al., 1993). Similar to this,
authority when they need guidance or help. another study showed that legal
These types of situations can be beneficial authoritarians are more likely to be
because it creates order and respect amongst associated with death qualified jurors and
communities and social settings. However, are more likely to sentence a defendant to
authoritarianism can be dangerous because it death over those who are libertarians (Butler
creates an environment susceptible to & Moran, 2007). This shows that even when
conformity and forced behavior (Narby, the cases are as extreme as the death
Cutler & Moran, 1993). penalty, those who are more likely to turn to
the authority for help and guidance are more
One common type of authoritarianism is likely to come down hard on a defendant.
legal authoritarianism, in which people of Considering that legal authoritarianism is
authority in court situations can have a closely linked with death qualified jurors, it
strong influence in the outcome of trials. For can be concluded that potential jurors in a
instance, one study showed that participants, capital case could be so much alike in the
who tested high in legal authoritarianism, authoritarian outlook that there may be an
were significantly more likely to support extensive amount of homogeneity, thus
aggravating circumstances over mitigating giving the defendant an improper trial
circumstances in death penalty cases (Narby (Narby, et al., 1993).
et al., 1993). Another studied addressed the
controversial issues of police interrogations Although for the most part,
and the factors that influence individual’s authoritarians often times heed the advice of
views on the subject. Police interrogation authority figures, sometimes the effects of
sometimes can be questionable because instructions by the authority can negatively
police are allowed to use deception in order effect the outcome of a trial. The judge, the
to create a confession. For some people, this highest authority in a courtroom setting,
can potentially create an environment for gives instructions to the jury throughout
false confessions. The results of the study trial. The jury is supposed to listen to these
showed that authoritarianism was a predictor instructions and heed to whatever the judge
for approval of confessions when police is telling them to do. Unfortunately,
used deception during interrogation sometimes instructions don’t always do
(Wasieleski, Whatley & Murphy, 2009). As what they are intended to do. For instance,
said before, although authoritarianism can as said before, often times in a legal setting
be beneficial in some aspects, it has the the jury is often instructed to disregard any
potential to create a blind bias that could prior stereotypes they have had about a
inhibit an individual from keeping an open certain group of people or situations.
mind about certain topics. However, studies show that when instructed
to suppress certain information, the data
Legal authoritarianism is a prominent becomes hyper-accessible and therefore
feature in individual’s personality and creates a backfire effect. One study showed
therefore has the potential to make its way that when participants were presented with a
into serious aspects of the legal system. For negative stereotypical prime involving
instance, one article conducted a Meta foreigners and were then instructed to
analysis on twenty studies that examined the suppress the stereotypes, they made more
overall effects on authoritarianism and stereotype-consistent errors on a recognition
test then those participants who received no about one of the opposing sides. The
negative primes (Peters, Jelicic & participants will then be exposed to a
Merkelbach, 2006). robbery scenario, where target words will be
Extensive research has also been done to changed in order to favor the prosecution,
address the backfire effect when it involves the defense or neither. These target words
judicial instruction to disregard inadmissible are put into place again, to potentially prime
evidence. Throughout trial, lawyers battle the participants into feeling a certain bias
back and fourth and sometimes evidence towards the defendant within the scenario.
comes up that not considered to be By creating the scenario we can mimic the
acceptable for the court situation. When this potential remarks of the judge, giving us the
occurs, the judge will instruct the jury to ability to examine if the exact wording can
disregard the information. As mentioned have any influence in the views of the jury.
before, this could create cognitive hyper- We will also determine if there are any
accessibility thus creating the backfire effect correlations between the legal attitudes of
(Lieberman & Arndt, 2000). One study the jury and their perception of the
concluded that when participants were defendant in the scenario. We hypothesize
exposed to weak evidence that was deemed that the type of article read and the priming
inadmissible, the likelihood of conviction words presented will have a significant
was increased over participants who were effect on the participants’ views of the
exposed to same evidence deemed defendant, particularly when both the article
admissible (Gerbasi, Zuckerman & Reis, and the priming words both favored either
1977). This is a solid indication to support the defense or the prosecution. With the
the idea that the backfire effect creates results, we can add on to the extensive
hyper-accessible material when it occurs in research done that supports the idea that
the cognition of individuals. jurors are susceptible to outside influences
that can create a bias resulting in an unfair
As seen from the literature, legal trial. Americans have the constitutional right
attitudes can be extremely influential in the to an impartial jury and the current research
trial process. This poses a problem because will expose the extent that media influence,
it has the potential to create juror bias priming and legal attitudes can have on the
through authoritarianism and phenomena makings of a fair and successful trial.
such as the backfire effect. The legal H1: We predicted a significant
attitudes that people take into a trial can interaction between the type or article read
have a significant and sometimes and the type of priming presented in
problematic effect on both the verdict and scenario.
the constitutional right of an impartial jury. H2: We predicted that there would be a
Extensive research has exposed these issues main effect between the type of article, the
yet there has been no solution to the type of priming and recognition of words.
problems that it entails. H3: We predicted a main effect for legal
attitudes and views of defendant.
The Current Study
Method
Based on the literature mentioned we
can conclude that media influence, priming Participants
and legal attitudes, has the potential to
unleash a juror bias within a legal setting. Participants were obtained through the
By giving participants news articles that use of Roger Williams University SONA
generally favor either the defense lawyers or systems. All will receive one credit towards
prosecution lawyers, we can establish a their research requirements need for the
media influence that could potentially prime completion of 100 and 200 level psychology
the individual into holding a specific opinion
courses at Roger Williams University. They participants were between the ages of 17 and
will all be 18 years of age and older. 20 and also listed themselves as Caucasian.
The frequency distribution also

Materials and Procedure indicated the participants who believed that
certain presented statements were mentioned
Data were collected in a classroom after in the scenarios. 8.7% of participants
students sign up through SONA systems to believed that the scenario mentioned that
participate in this study. Participants were Jack Smith was an excessive gambler;
informed that the study examines juror’s 71.5% of participants believed that the
views of a defendant in a robbery case. The scenario mentioned that Jack Smith was
participants were administered an inform fired from his job; 7.6% of participants
consent sheet. If they still wished to believed that the scenario mentioned that
participate, they were given a packet Jack Smith cannot afford therapy; 41.9% of
beginning with questions that inquiry about participants believed that the scenario
their demographics. Participants then read mentioned that Jack Smith has missed
one of three articles that generally support multiple child support payments; 31.4% of
either the prosecution, neutral ort he defense participants believed that the scenario
side of the legal system. They were then mentioned that Jack Smith had previously
given 1 or 3 scenarios regarding a brief been to jail; 25% of participants believed
description of a robbery case. There was that the scenario mentioned that Jack Smith
several target words in the scenarios that did not use physical violence against the
were manipulated as to favor the defendant, bank teller; 0% of participants believed that
favor the prosecution or to favor neither side the scenario did not mentioned that the gun
(neutral). After the scenarios were read, obtained by the police was not loaded, and
participants were then be asked to do 20 22.1% of participants believed that the
multiplication questions, (irrelevant to the scenario mentioned the Jack Smith was
study) in order to insure the information intoxicated at a local casino and attacked a
learned is out of short term memory. man.
Participants were then given a series of
questions that address their recognition of To further analyze the data, a
the target words in the scenario as well as MANOVA was done to evaluate the six
their opinions on the defendant in the case. items regarding participants’ opinions on
Once completed, participants were then Jack Smith after reading the scenario. These
given a debriefing sheet, which will provide statements were answered with a Likert-type
more information about the study they scale, with 1 being strongly disagree to 7
participated in. See Appendix for all being strongly agree. The results indicated
stimulus materials and dependent measures. that there was a significant interaction
between the type of article and the type of
Results priming when participants were presented
with the statement “Jack Smith robbed the
A crosstabulation analysis was first bank to feed his gambling problem” (Roy’s
conducted to evaluate the distributions of Largest Root = 0.059, F(4,163)= 2.41,
participants within each cell. The results p=0.05, η2= 0.056). The data showed that
indicated that there was a relatively even when participants were primed with words
distribution, with 17 to 20 participants in that favored the prosecution, they were
each cell (see Figure 1). The frequency significantly more likely to agree with the
distributions indicated that participants were statement “Jack Smith robbed the bank to
made up of 47 males (27%) and 125 female feed his gambling problem”. The type of
(78%). An overwhelming majority of article did not matter when the words were
neutral or pro defense but did matter when
participants read a pro prosecution article

(see Figure 2). Analyzing more into the cross
tabulations, when presented with pro
When analyzing the statements where prosecution priming words regarding how
the participants were required to state Jack Smith left the scene, 61.4% of
whether or not they were mentioned in the participants were correct when indicating
scenario, 12.6% of participants were correct that Jack Smith “started speeding away”
when stating that none of the statement were from the scene. Similarly, when participants
mentioned in the scenario. Participants had were presented with neutral priming words,
an average of 26% chance per any of the 78.9% of participants were correct when
eight statements that they were going to say indicating that Jack Smith “drove away”
that it was mentioned when it was not. Of from the scene. Also, when participants
that 26% chance, there was an average of were presented with pro defense priming
33.4% that the falsely mentioned statement words, 12.1% of participants were correct
was pro- prosecution vs. an average of when indicating that Jack Smith “left” the
18.6% that the falsely mentioned statement scene (see Figure 5).
was pro-defense.
Concluding the analysis of the cross
Lastly, a cross tabulation was run to tabulations, when presented with pro
analyze the four multiple-choice questions prosecution priming words regarding what
regarding the target priming words within kind of information the bank teller told the
the scenario. When presented with pro police, 86.0% of participants were correct
prosecution priming words regarding what when indicating that the bank teller called
Jack Smith was wearing, 93% of the the police with “the license plate number”.
participants were correct in indicating that Similarly, when participants were presented
Jack Smith was wearing “a dark hooded with neutral priming words, 64.9% of
sweatshirt and black sunglasses”. Similarly, participants were correct when indicating
when participants were presented with that the bank teller called the police with
neutral priming words, 77.2% were correct “tips”. Lastly, when participants were
when indicating that Jack Smith was presented with pro defense priming words,
wearing a “sweatshirt and sunglasses”. Also, 82.4% of participants were correct when
when participants were presented with pro indicating that the bank teller called the
defense priming words, 82.8% were correct police with “limited information” (see
in indicating that Jack Smith was wearing Figure 6).
“normal clothing” (see Figure 3).
Of the four multiple choice recognition
Further analyzing the cross tabulation, questions, the correct choice was the most
when presented with pro prosecution popular choice in all four questions within
priming words regarding what Jack Smith the neutral and pro-prosecution scenarios. In
said to the banker, 52.6% of participants regards to the pro-defense scenario, the
were correct when indicating that Jack correct choice was the most popular choice
Smith “demanded” the teller to open the in only two of the four questions. When
safe. Similarly, when participants were calculating the average percent difference
presented with neutral priming words, between each of the scenarios correct
59.6% were correct when indicating that answers and the most popular wrong
Jack Smith “ told” the teller to open the safe. answer, pro-prosecution priming had the
Also, when participants were presented with largest percent (57.47%) in comparison to
pro defense priming words, 15.5% were neutral priming (43.08%) and pro-
correct when indicating that Jack Smith prosecution priming (4.50%) (see Figure 7).
“asked” the teller to open the safe (see
Figure 4).
Discussion recognition of unmentioned statements.

Based on the DRM Paradigm, we predicted
The intent of this study was to evaluate that we could create false memories within
whether or not the participants could be our participants by exposing them to media
manipulated into having certain opinions articles and priming words that would
about a defendant based on the priming that persuade them into thinking that statements
can occur with media exposure, word choice were mentioned in the scenario when they
and legal attitudes. As stated before, we were not (Roedigger & McDermott, 1995).
predicted that the articles, word choice in the Although there were no main effects
scenarios, and the person’s legal attitudes presented in our analysis, the results
would all have an effect on the participant’s displayed strong support towards the
opinions regarding the defendant. Although susceptibility of potential jurors. For
we did not have many outstandingly instance, less than 13% of our participants
significant results, our conclusions indicate were correct when indicating that all of the
findings that bring up interesting challenges eight statements presented to them were not
that can be applied to the criminal justice mentioned in the scenario. This gave each
system. individual statement a 26% average chance
that a participant believed it was mentioned
Aforementioned, although we did not when it was not. Of the four individual
find many main effects, we did find a statements that presented images of Jack
significant interaction between the type of Smith that could favor the prosecution, there
article read and the type of priming, when was a 33.4% average chance that any given
participants were asked to what extent they participant would believe that it was
believed that Jack Smith robbed the bank to mentioned when it was not. Comparing this
feed his gambling problem. Regardless of to the 18.6% average chance that any given
what type of article was read, when pro defense statement had of being falsely
participants were primed with pro- recognized, it is clear that pro-prosecution
prosecution words within the scenario, they wording could possibly have more of a
were significantly more likely to believe that potential to induce beneficial false memories
Jack Smith robbed the bank to feed his in comparison to pro-defense wording.
gambling problem. Considering the scenario
never directly mentioned that Jack Smith One of these particular statements that
had any sort of problems with gambling, we should be mentioned, regardless of the
can infer from these results that the priming surprising 26% average chance that any
words negatively impacted participants given statement had of being mentioned
views on the defendant. This can be when wasn’t, was that 100% of participants
supported by the previously mentioned were correct in concluding that the statement
study that concluded that its participants “The gun obtained by the police was not
were more likely to put neutral pictures into loaded”, was not mentioned in the scenarios.
negative categories when primed with This statement, if falsely remembered,
negative priming words (and vice versa) would have been beneficial to the defense
(Scherer & Lambert, 2009). We can because it mitigates the crime that Jack
therefore potentially conclude from our Smith committed. Although the scenario did
findings that words that favor the not mention whether or not the gun was
prosecution are more likely to make a loaded, participants showed that this was of
positive impact on people’s opinions of significant importance when creating their
defendants. own opinions about the defendant. We can
potentially conclude that in regards to the
Along with this, we also predicted that weapon, people’s opinions of the defendant
there would be a main effect between the are directly affected.
type of article/priming and the false
Keeping our second hypothesis in mind, who were legal authoritarians were more
we also predicted that participants would be likely to convict criminals, we predicted that
more likely to correctly answer multiple participants who had more positive views of
choice questions regarding priming words in the criminal justice system were more likely
the scenario when they were primed with an to have more negative views of Jack Smith
article that matched the priming words (Narby et al., 1993). However, we found no
presented. However, we found no main main effects for any of these conditions. We
effects for any relationship between priming can potentially conclude from the lack of
words, articles or multiple-choice answers. results, that legal attitudes had no effect on
We did however find interesting results the views of the defendant and therefore did
when looking at the participant’s answers to not have any significant impact on our
the questions. In all four pro-prosecution- previous conclusions.
priming scenarios, and all four neutral
priming scenarios, the most popular answers Although our conclusions exhibit
to each of the four multiple-choice questions interesting results there are various
was always the correct answer. However, shortcomings that could effect the analysis
when analyzing the pro-defense scenario, in of our findings. One of these problems is
only two of the four multiple-choice that we had an overwhelming majority of
questions, was the most popular answer the participants who were white, female, and
correct answer (see Figures 11-14). between the ages of 17 and 20. This could
Looking more closely into the individual potentially create a bias in our results
multiple choice questions, when finding the because we did not have a wide range of
average percent difference between the people who could be potential jurors.
correct answer and the most popular wrong Another problem that our study could
answer, we found that within each of the present is that we could have found more
three priming scenarios, pro-prosecution had results that favored the prosecution because
the largest difference (57.47%) in Jack Smith too definitely committed a crime
comparison to neural (43.08%) and pro- within the scenario. This could have caused
defense (4.5%) (see Figure 15). The large more participants to be sympathetic to the
difference between the average percent of prosecution and therefore our results could
pro-prosecution (57.4%) and pro-defense be bias. Another issue could be that our
(4.5%), potentially shows that participants priming word could have been more
were not only more likely to answer the pro- generally memorable words in regards to the
prosecution questions correctly, but they Prosecution. Similarly, our article choice
were also more likely to be sure that their may not have been evenly supportive of
answers were indeed correct. If the both sides.
participants were more unsure of their
answers, the average percent difference Although our study did have
between the correct answer and the most shortcomings, there are some practical
popular wrong answer would be a lot implications that could be applied to the real
smaller. We can therefore possibly conclude world. Based on our results, we can
that pro prosecution words make a better potentially conclude: Pro prosecution words
impact on a person memory and therefore influenced participant in believing that Jack
can be utilized more frequently when Smith robbed the bank to feed his gambling
evaluating opinions about defendants. problems and that gambling problems were
not a mitigating circumstance in Jack
Our last hypothesis indicated that there Smith’s evaluations. Pro-prosecution
would be a significant interaction between wording induced false memories by
legal attitudes and participant’s perceptions fostering potential stereotypes of criminals.
of the defendant. Based on previous research Participants were more likely to remember
such as the study that concluded that those
pro-prosecution words over pro- defense “pure” implicit memory be isolated? A

words. test of a single system model of
recognition and repetition priming.
Applying these three conclusions to the Canadian Journal of Experimental
real world does present potential danger. In Psychology, 64(4), 241-255.
a court situation if the judge uses words that Burns, K. C. & Isbell, L. M. (2007)
favor the prosecution, it could potentially Promoting malleability is not one size
induce false memories, easier memorization fits all: Priming implicit theories of
and desensitization of mitigating intelligence as a function of self-
circumstances. This could result in an theories. Self and Identity, 6, 51-63.
harsher punishments, juror bias and overall, Butler, B. & Moran, G. (2007) The impact
an unfair trial. of death qualification, belief in a just
world, legal authoritarianism, and locus
Our findings have the potential to inhibit of control on venirepersons’ evaluations
future research based on our surprising of aggravating and mitigating
results. Overall, our study showed that the circumstances in capital trials. Behavior
articles had no real influence on the opinions Sciences and the Law, 25, 57-68.
of the defendant. This could open up more Daftary-Kapur, T., Dumas, R. & Penrod, S.
extensive research in regards to the judge’s D. (2010) Jury decision-making biases
choice of words and how it can effect the and methods to counter them. Legal and
outcome of the trial. If more research was Criminological Psychology, 15, 133-
done in relation to our study, it may be 154.
beneficial to focus more on priming words Dewhurts, S. A., Knott, L.M., & Howe,
and how they can effect the interpretation of M.L. (2011) Test induced priming
the scenario. It may also be interesting to impairs source monitoring accuracy in
focus more specifically on the loaded the DRM procedure. Journal of
weapon statement that produced the 100% Experimental Psychology: Learning,
outcome that was mentioned before. This Memory and Cognition, 37(4) 1001-
future research could look more closely in 1007.
our findings to see if and how these priming Eslick, A. N., Kostic, B., & Cleary, A. M.
words could effect the outcome of trials. (2009) True and false memory for
colour names versus actual colours:
References Support for visual distinctiveness
Abraham, L. & Appiah, O. (2006) Framing heuristic in memory for colour
news stories: The role of visual imagery information. The Quarterly Journal of
in priming racial stereotypes. The Experimental Psychology, 63(6), 1104-
Howard Journal of Communications, 17, 1126.
183-203. Gerbasi, K. C., Zuckerman, M., & Reis, H.
About the Innocence Project. (2012). The T. (1977) Justice needs a new blindfold:
Innocence Project. Retrieved from A review of mock jury research.
http://www.innocenceproject.org/about/ Psychological Bulletin, 84(2), 323-345.
Araya, T., Ekehammar, B., & Akrami, N. Greene, E. & Wade, R. (1988) Of private
(2003) Remembering things that never talk and public print: General pretrial
occurred: The effects of to-be-forgotten publicity and juror decision-making.
stereotypical information. Experimental Applied Cognitive Psychology, 2, 123-
Psychology, 50(1), 27-32. 135.
Banaji, M.R. & Hardin, C. D. (1996) Hope, L., Memon, A., & McGeorge, P.
Automatic stereotyping. Psychological (2004) Understanding pretrial publicity:
science, 3, 136-141. Predecisional distortion of evidence by
Berry, C. J., Shanks, D. R., Li, S., Rains, L. mock jurors. Journal of Experimental
S., & Henson, R. N. A. (2010) Can Psychology: Applied, 10(2) 111-119.
Lieberman, J. D. & Arndt, J. (2000) juror memory and decision-making.

Understanding the limits of limiting Journal of Experimental Psychology:
instructions: Social psychological Applied, 14(3), 226-235.
explanations for the failures of Ruva, C. L., McEvoy, C. & Bryant, J.B.
instructions to disregard pretrial (2006) Effects of pre-trial publicity and
publicity and other inadmissible jury deliberation on juror bias and
evidence. Psychology, Public Policy and source memory errors. Applied
Law, 6(3), 677-711. Cognitive Psychology, 21, 45-61.
Lenz, G. S. (2009) Learning and opinion Scherer, L. D. & Lambert, A.J. (2009)
change, not priming: Reconsidering the Contrast effects in priming paradigms:
priming hypothesis. American Journal Implications for theory and research on
of Political Science, 53(4), 821-837. implicit attitudes. Journal of Personality
Martin, T. & Cohen, E.S. (2004) Attitudes and Social Psychology, 97(3), 383-403.
toward the criminal legal system: Scale Stein, R., Blanchard-Fields, F., & Hertzog,
development and predictors. C. (2002) The effects of age- stereotype
Psychology, Crime and Law, 10(4), priming on the memory performance of
367-391. older adults. Experimental Aging
Mock trial closing argument for Research, 28, 169-181.
prosecutions. (2011). Mock Trial Blog. Studebaker, C.A. & Penrod, S.D. (1997)
Retrieved from Pretrial publicity: the media, the law and
http://mocktrialblog.com/2011/09/14/mo common sense. Psychology, Public
ck-trial-closing-arguments-for- Policy, and Law, 3(2/3), 428-460.
prosecution/ Toppo, G. (2010). High school drug testing
Narby, D. J., Cutler, B. L., & Moran, G. shows no long-term effects. USA Today.
(1993) A meta-analysis of the Retrieved from
association between authoritarianism http://www.usatoday.com/news/educatio
and juror’s perceptions of defendant n/2010-07-15-drugtesting14_st_N.htm
culpability. Journal of Applied Van Boven, L. & Robinson, M. D. (2011)
Psychology, 78(1), 34-42. Boys don’t cry: Cognitive load and
Peters, M. J. V., Jelicic, M., & Merckelbach, priming increase stereotypical sex
H. (2006) When stereotypes backfire: differences in emotion memory. Journal
Trying to suppress stereotypes produces of Experimental Social Psychology, (in
false recollection of a crime. Legal and press).
Criminal Psychology, 11, 327-336. Wasieleski, D. T., Whatley, M. A., &
Roediger, H.L. & McDermott, K.B. (1995) Murphy, S. (2009) The hindsight bias
Creating false memories: Remembering and attitudes toward police deception
words not presented in lists. Journal of and eliciting confessions. North
Experimental Psychology: Learning, American Journal of Psychology, 11(2),
Memory and Cognition, 4, 803-814. 285-296.
Ruva, C. L. & McEvoy, C. (2008) Negative
and positive pretrial publicity affect
APPENDIX
Informed Consent Form
Principal Investigators: Elizabeth Magner and Judith Platania, Ph.D.
1. Purpose of the Study: The purpose of this study is to address the issues that occur during
criminal trials. Several factors will be examined to see what variables have an effect on the
perception of defendants when participants are given scenarios involving several different word
manipulations.
2. Procedures Experienced by Participants: Participants will be given an article to read, and will
then be given a specific scenario. The participants will then be asked to answer particular
question regarding the scenarios and their perceptions of the defendant.
3. Confidentiality and Anonymity: Only the investigators listed above will have access to your
responses, which will ensure your confidentiality. Additionally, your name will only be written
on your consent form, which will be collected and maintained separately from your
questionnaire. Thus, your responses will remain anonymous.
4. Your Rights: You have the right to decline participation without any penalties or prejudice
because participation is strictly voluntary. Additionally, at any point in the study if you do not
feel comfortable or no longer want to participate, you have the right to withdraw from the study
without prejudice or penalty. You may also ask questions at any time during the course of the
study and you may contact the primary investigator (whose name, email address and telephone
number appear at the bottom of this form) at any time after you have participated in the study.
5. Compensation for Participation: Participants will be given credit towards a their SONA systems
research participation requirements. Experiment should expect to take no longer than one half –
hour.
6. Risks and Benefits of being a Participant: No physical, psychological, or emotional risks are
associated with this study. At any time during your participation, you are allowed to withdraw
from this study without facing any penalties. A potential benefit is that you might have a better
understanding of how psychological research is conducted, as well as the capital trial system.
More Information: After participation, please feel free to contact Dr. Judith Platania in FCAS 104, by
email at jplatania@rwu.edu, or telephone 254-5738 should you have any additional questions.
This certifies that I ___________________________________ have given my full consent to

participate
Print your name
in this study. I am at least 18 years of age or older. I have read this form and fully understand the
content.
_______________________________ _____________________
Participant’s Signature Date
This certifies that I have defined and informed the participant named above of all elements pertaining to
this research study.
_______________________________ _____________________
Principal Investigator Date
Demographics
Thank you for agreeing to participate in our study. Your responses are important to our research. Please
answer every question on this form by placing a check in the box that corresponds to the appropriate
response.
Your gender: £ Male [1] £ Female [2]
Into which of the following age categories do you fall:
£ 18-24 [1]
£ 25-34 [2]
£ 35-44 [3]
£ 45-54 [4]
£ 55-64 [5]
£ 65 or older [6]
Which of the following characterizes your background?
£ Caucasian [1]
£ Hispanic [2]
£ African-American [3]
£ Other [4]
What is your religious affiliation?
£ Catholic [1]
£ Protestant [2]
£ Jewish [3]
£ Muslim [4]
£ Other [5]
Are you a close friend of, or related to, anyone employed in the justice system? (police officer, judge,
attorney, etc.)
£ No [1]
£ Yes [2]
How would you evaluate your political views?
£ Liberal [1]
£ Slightly Liberal [2]
£ Slightly Conservative [3]
£ Conservative [4]
Do you have a valid driver’s license?
£ No [1]
£ Yes [2]
Are you a registered voter?
£ No [1]
£ Yes [2]
Have you ever served on a jury in a civil case?
£ No [1]
£ Yes [2]
Have you ever served on a jury in a criminal case?
£ No [1]
£ Yes [2]
PRO-PROSECUTION MEDIA EXPOSURE
Mock Trial Closing Arguments for Prosecution
September 14, 2011 by mocktrialblahblahblah
So you are nearing the end of your mock trial, and now it is time for you to do your closing
argument. Hopefully you have given this a little thought before it is your turn to get up and
speak. Unlike an opening statement, which can be written entirely in advance, the closing argument has
to be written as the trial goes along. It has to be adjusted depending on what evidence is admitted by the
trial court. The mock trial closing argument will depend a lot on the particular facts of your case, but I
will try to make a few suggestions on how you can sketch out an outline. Remember that your closing
argument is just that, an argument. You need to convince the jury of the merits of your arguments – not
to consider the facts from a neutral point of view. No matter what sort of case the prosecutor is
handling, the prosecutor’s position is always the same: there is no reasonable doubt. Here is how to do
a closing argument. Much like an opening statement, you begin by thanking the jurors for their
time. You want to remind the jury of what you said in your opening. For example: “Good afternoon
ladies and and gentlemen – thank you for your time and attention to this very important matter here
today. As I [or my colleague] stated this morning, the evidence against so-and-so is really
overwhelming, and we would ask you to return a verdict of guilty.” Look at the mock trial materials
your teacher or coach gave you and consider what the elements of the crime are. In other words, what
does a prosecutor have to prove beyond a reasonable doubt? For example, in one mock trial fact pattern
that has been used, the defendant was charged with aggravated assault. The jury was instructed as
follows:
In order for you to convict the defendant of aggravated assault, the State must prove the following
two elements beyond a reasonable doubt:
1. That the defendant did cause bodily injury to the victim; and
2. That the defendant acted purposely, knowingly or recklessly in causing bodily
injury to the victim.
Bodily injury is defined as pain, illness or impairment of the physical condition. The second element
that the State must prove is that the defendant acted purposely or knowingly or acted recklessly under
circumstances manifesting extreme indifference to human life. A person acts purposely if he acts with a
specific intent. In other words if he means to do what he does. A person acts knowingly if he is aware
that it is practically certain that his behavior will cause a result.
So no matter what your case is, you will need to think about your closing from the point of view of
what elements you need to prove. Then argue how each point is proven in your mock trial case. The
you have to tie it all together in a cohesive way, and present the argument with emotion. If the jury
does not see that you believe in your case, then they themselves will not believe in your case.
NEUTRAL MEDIA EXPOSURE
High school drug testing shows no long-term effect on use
U.S. Department of Education study, out today, surveyed students at 36 high schools that got federal
grants to do drug testing. Half of the schools had already begun testing for marijuana, amphetamines
and other drugs; the other half had not.
The results are mildly encouraging for drug-test proponents: They show that fewer kids in
extracurricular activities reported using drugs when testing took place, compared with peers in schools
where drug testing hadn't been implemented
In schools with testing, 16.5% of students reported using tested-for drugs within the previous 30 days,
vs. 21.9% in other schools.
And testing didn't seem to discourage students from going out for activities.
But that's basically where the good news ends. Testing didn't seem to have a "spillover effect" on kids
who weren't trying out for extracurriculars — in both sets of schools, 36% of these students said they
had used drugs in the previous 30 days. And testing had no effect on the number of drug-related
"disciplinary incidents." in schools.
What's perhaps most troubling: Testing had no effect on kids' plans to use drugs in the future. In both
sets of schools, about one in three students said they "probably" or "definitely" will use drugs in the
next year.
Recent court decisions allow schools to be on the lookout for drugs — they can even limit students'
ability to promote drug use, as in the 2002 case of an Alaska student suspended after he unfurled a
banner reading "Bong Hits 4 Jesus" across the street from school during an Olympic torch relay event.
The U.S. Supreme Court in 2007 upheld the suspension.
"The courts have understood, and schools understand, that schools are a special setting," says Francisco
Negron, general counsel for the National School Boards Association. "We are dealing with minors, we
are dealing with students who are in the care of schools, and so schools have a special obligation to
ensure that students remain safe."
But Daniel Domenech, executive director of the American Association of School Administrators, says
he's disappointed that testing had no effect on kids' intention to use drugs. "The question is, was
anything learned other than the avoidance issue?" he wonders.
He doesn't think drug testing is making the problem worse, "but at the same time, that finding suggests
that it's not necessarily addressing the real issue, which is that we have to change behaviors. ... The
behavior here should be, 'Whether I'm playing football or not, I shouldn't be using drugs.' "
PRO-DEFENSE MEDIA EXPOSURE
About the Innocence Project
The Innocence Project is a non-profit legal clinic affiliated with the Benjamin N. Cardozo School of
Law at Yeshiva University and created by Barry C. Scheck and Peter J. Neufeld in 1992. The project is
a national litigation and public policy organization dedicated to exonerating wrongfully convicted
people through DNA testing and reforming the criminal justice system to prevent future injustice. As a
clinic, law students handle case work while supervised by a team of attorneys and clinic staff.
Most of our clients are poor, forgotten, and have used up all legal avenues for relief. The hope they all
have is that biological evidence from their cases still exists and can be subjected to DNA testing. All
Innocence Project clients go through an extensive screening process to determine whether or not DNA
testing of evidence could prove their claims of innocence. Thousands currently await our evaluation of
their cases.
DNA testing has been a major factor in changing the criminal justice system. It has provided scientific
proof that our system convicts and sentences innocent people — and that wrongful convictions are not
isolated or rare events. Most importantly, DNA testing has opened a window into wrongful convictions
so that we may study the causes and propose remedies that may minimize the chances that more
innocent people are convicted.
As forerunners in the field of wrongful convictions, the Innocence Project has grown to become much
more than the “court of last resort” for inmates who have exhausted their appeals and their means. We
are a founding member of The Innocence Network, a group of law schools, journalism schools and
public defender offices across the country that assists inmates trying to prove their innocence whether
or not the cases involve biological evidence which can be subjected to DNA testing. We consult with
legislators and law enforcement officials on the state, local, and federal level, conduct research and
training, produce scholarship and propose a wide range of remedies to prevent wrongful convictions
while continuing our work to free innocent inmates through the use of post-conviction DNA testing.
We hope that this site will raise awareness and concern about the failings of our criminal justice system.
It is a facet of our society that eventually touches all of its citizens. The prospect of innocents
languishing in prison or, worse, being put to death for crimes that they did not commit, should be
intolerable to every American, regardless of race, politics, sex, origin, or creed.
Innocence Project
40 Worth St., Suite 701
New York, NY 10013
info@innocenceproject.org
212.364.5340
© Innocence Project, All rights reserved.

Affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University
Facebook / Twitter / info@innocenceproject.org
Scenario 1 (Prosecution)
Jack Smith walked into a bank on the morning of September 26, 2011. He was wearing a black hooded
sweatshirt and dark sunglasses. He walked up to one of the bank tellers and holding a gun to her head,
demanded that she open the safe and give him the contents. The bank teller, followed his directions,
opened the safe, emptied the contents and gave approximately $20,000 to Jack Smith. Smith then ran
out of the bank, got into his car and started speeding away from the scene. The bank teller got a quick
glance at the car, and called the police with the license plate number. Approximately 5 miles away from
the bank, a police officer pulled over Jack Smith and arrested him with the charges of armed robbery.
The police retained the weapon in question, along with the contents of the safe.
The Defense will tell you that Jack Smith has recently lost his job, has high child support payments and
a history of money problems. He is merely a victim of circumstance.
The Prosecution will tell you that Jack Smith has been previously arrested for assault of a man in the
parking lot of a local casino and has no history of therapy.
Scenario 2 (Neutral)
Jack Smith walked into a bank on the morning of September 26, 2011. He was wearing a sweatshirt
and sunglasses. He walked up to one of the bank tellers and holding a gun to her head, told her to open
the safe and give him the contents. The bank teller, followed his directions, opened the safe, emptied
the contents and gave approximately $20,000 to Jack Smith. Smith then ran out of the bank, got into his
car and drove away from the scene. The bank teller got a quick glance at the car, and called the police
with tips. Approximately 5 miles away from the bank, a police officer pulled over Jack Smith and
arrested him with the charges of armed robbery. The police retained the weapon in question, along with
the contents of the safe.
Scenario 3 (Defense)
Jack Smith walked into a bank on the morning of September 26, 2011. He was wearing normal
clothing. He walked up to one of the bank tellers and holding a gun to her head, asked that she open the
safe and give him the contents. The bank teller, followed his directions, opened the safe, emptied the
contents and gave approximately $20,000 to Jack Smith. Smith then ran out of the bank, got into his car
and left the scene. The bank teller got a quick glance at the car, and called the police with limited
information. Approximately 5 miles away from the bank, a police officer pulled over Jack Smith and
arrested him with the charges of armed robbery. The police retained the weapon in question, along with
the contents of the safe.
DISTRACTION TASK
1. 12 x 12 = ____________
2. 14 x 13 = ____________
3. 33 x 3 = ____________
4. 5 x 4 = ____________
5. 4 x 80 = ____________
6. 6 x 55 = ____________
7. 3 x 8 = ____________
8. 18 x 17 = ____________
9. 20 x 40 = ____________
10. 3 x 94 = ____________
11. 7 x 34 = ____________
12. 6 x 5 = ____________
13. 15 x 3 = ____________
14. 16 x 8 = ____________
15. 35 x 9 = ____________
16. 0 x 0 = ____________
17. 13 x 77 = ____________
18. 22 x 2 = ____________
19. 6 x 8 = ____________
20. 14 x 7 = ____________
Questionnaire
Questions Involving Recognition from the Scenario
Jack Smith was wearing:
A. Sweatshirt and Sunglasses
B. Black hooded Sweatshirt and Dark Sunglasses
C. Normal Clothing
D. None of the Above
Jack Smith _________ the bank teller to open the safe
A. Asked
B. Told
C. Demanded
After Jack Smith robbed the bank, he ____________from the scene
A. Drove Away
B. Started Speeding Away
C. Left
The bank teller called the police with:
A. The License Plate Number
B. Tips
C. Limited Information
Questions Involving Perceptions of the Defendant
o Jack Smith was an excessive gambler.
o Jack Smith was fired from his job.
o Jack Smith cannot afford therapy.

o Jack Smith has missed multiple child support payments.
o Jack Smith has previously been to jail.
o Jack Smith did not use physical violence against the bank teller.
o The gun obtained by the police was not loaded.
o Jack Smith was intoxicated at a local casino and attacked a man.
Jack Smith robbed the bank because of financial struggles from his recent job loss.
1 2 3 4 5 6 7
Jack Smith robbed the bank because of his high child support payments and his history of money
problems.
1 2 3 4 5 6 7
Jack Smith is a victim of circumstance.
1 2 3 4 5 6 7
Jack Smith robbed the bank to feed his gambling problem.
1 2 3 4 5 6 7
Jack Smith robbed the bank because based on his previous arrest, he is an aggressive individual.
1 2 3 4 5 6 7
Jack Smith has never attempted to better himself through help such as therapy.
1 2 3 4 5 6 7

Questions Involving Legal Attitudes
Prosecuting attorneys care more about justice than getting a conviction.
1 2 3 4 5 6 7
Defense attorneys are dishonest if it means they can win a case.
1 2 3 4 5 6 7
Juries often lack the intelligence to make reasonable decisions.
1 2 3 4 5 6 7
Trial by jury is one thing that keeps the legal system from being corrupted.
1 2 3 4 5 6 7
In general, prosecuting attorneys do a good job of getting guilty people convicted.
1 2 3 4 5 6 7
Prosecuting attorneys are out to get the defendant.
1 2 3 4 5 6 7
Defense attorneys care more about their clients than about making money.
1 2 3 4 5 6 7
In general, defense attorneys represent their clients very well.
1 2 3 4 5 6 7

Debriefing Sheet
There are numerous factors that can affect the outcome of a criminal trial. In this study we will be
examining the ways in which media influence, priming and legal attitudes can have on the perception of
a defendant in a robbery trial. We appreciate your participation in our study. The responses you
provided will be used to examine potential juror’s susceptibility to influences that can occur within the
court procedures.
If you are interested in reading about our study please feel free to visit the following site:
http://www.experiment-resources.com/priming.html
If you are feeling uncomfortable or stressed regarding participation in our study, please contact the
Counseling Center at 401 254-3124 (http://rwu.edu/campus-life/health-counseling/counseling-center) or
Dr. Judith Platania at jplatania@rwu.edu or 401 254-5738.
Type of article read * Priming words presented in scenario Crosstabulation

Count
Priming words presented in scenario
Pro-Prosecution Neutral Pro-Defense Total
Type of article read Pro-Defense 19 20 19 58
Pro-Prosecution 19 20 20 59
Neutral 19 17 19 55
Total 57 57 58 172
Figure 1: Distribution of participants within each of the 9 experimental conditions.

Figure 2: Priming x Media Exposure Interaction on the item, “Jack Smith robbed the bank to feed his
gambling problem.” Responses scaled from 1 = Strongly disagree to 7 = Strongly agree.
100 **93 100

90 90 **82.8
80 80
70 70
60 60
50 50
40 40
30 30
20 20
6.9 5.2 5.2
10 3.5 0 3.5 10
0 0
1 2 3 4 1 2 3 4
Pro-‐Prosecution Pro-‐Defense
100 Key
90
**77.2
80 1. None of the above
70
2. Pro- Defense – Normal Clothing
60
50 3. Neutral – Sweatshirt and Sunglasses
40 4. Pro-Prosecution – Black Hooded
30
20 14 Sweatshirt and Dark Sunglasses
3.5 5.3
10 (**) Represents % correct answer
0
1 2 3 4
Neutral
Figure 3: Media Exposure with respect to item, “Jack Smith was wearing ____”
100 **93 100

90 90 **82.8
80 80
70 70
60 60
50 50
40 40
30 30
20 20
6.9 5.2 5.2
10 3.5 0 3.5 10
0 0
1 2 3 4 1 2 3 4
100 Key
90
**77.2
70
2. Pro- Defense - Asked
60
50 3. Neutral - Told
40 4. Pro-Prosecution – Demanded
30
20 14 (**) Represents % correct answer
3.5 5.3
10
0
1 2 3 4
Neutral
Figure 4: Media Exposure with respect to the item, “Jack Smith ____the bank teller to open the safe.”
100 100
90 90 81
80 80
70 **61.4 70
60 60
50 50
40 40
26.3
30 30
20 20 **12.1
7 5.3 5.2
10 10 1.7
0 0
1 2 3 4 1 2 3 4
100
Key
90 **78.9
80
1. None of the above
70
60 2. Pro- Defense - Left
50 3. Neutral – Drove Away
40
30 4. Pro-Prosecution – Started Speeding
20 10.5 Away
3.5 7
10
(**) Represents % correct answer
0
1 2 3 4
Neutral
Figure 5: Media exposure with respect to the item, “After Jack Smith robbed the bank, he ____from the
scene.”
100 100
**86
90 90
80 80
70 70
60 60
50 50
40 40 **29.7
30 30 23.3
20 20 13.8
7 7 9.9
10 0 10
0 0
1 2 3 4 1 2 3 4
100
Key
90
70 **64.9
2. Pro- Defense – Limited Information
60
3. Neutral - Tips
50
40 4. Pro-Prosecution – License Plate
30 Number
20 14 12.3
8.8 (**) Represents % correct answer
10
0
1 2 3 4
Neutral
Figure 5: Media exposure with respect to the item, “The bank teller called the police with _____.”
70
60
50
57.47% Pro Prosecution
40
Neutral
30 43.08%
Pro Defense
20
10 4.50%
0
Priming Words
Figure 7: Mean percentage difference between correct answers and most popular often selected
incorrect answer for each priming category.
The Differential Influence of Pathological Gambling

and Defendant Gender on Capital Sentencing Decisions
Amber Monck
Pathological gambling is classified in the Diagnostic Statistical Manual as an Impulse Disorder

Not Elsewhere Classified. It is a disorder that has a high comorbidity with disorders that include
substance abuse, generalized anxiety disorder, mood disorder, and major depressive disorder.
Little research has been conducted on this mental defect in the United States. In the current
study we examined the role of pathological gambling and defendant gender in the context of a
capital murder trial. Results revealed significant effects of the co-morbid features of
pathological gambling. Specifically, defendants suffering from anxiety disorder and major
depression were significantly less likely to be sentenced to death compared to expert testimony
of pathological gambling alone.
Keywords: pathological gambling, capital trial, comorbidity
Overview capital sentence cases. One such measure is the

Attitudes Towards the Death Penalty Scale,
Pathological gambling as a mental disorder also known as ATDP, developed by O’Neil,
has yet to be examined in relation to the Patry and Penrod. This scale has been found to
criminal justice system, particularly with be useful in assessing the predictive ability of
respect to expert testimony about this particular death penalty attitudes on jury decision-making
mental disorder. While pathological gambling in capital trials (O’Neil, Patry, & Penrod,
is not yet classified in the Diagnostic Statistical 2004).Pathological gambling is not yet
Manual, (DSM), there are indications that it classified in the DSM, yet there are many
will be included in the newest version, the studies that are starting to qualify it as a mental
DSM-V(4th ed., text rev.; DSM-IV-TR; disorder. This qualification has begun to
American Psychiatric Association, 2000) . A infiltrate our criminal justice system. The
study conducted by Cunningham-Williams, consequence is the fact that jurors are unclear
Gattis, Dore, Shi & Spitznagel (2009) found on how to handle pathological gambling in a
that due to the addiction component of courtroom setting. The ultimate test of
pathological gambling, it needs to be looked at determination is whether or not to treat it as a
more broadly as its own disorder in the mental illness. Pathological gambling has a
upcoming DSM. Pathological gambling is a high rate of comorbidity, which also makes it
mental disorder with a high comorbidity, difficult in determining how to treat this
including substance abuse, generalized anxiety legally, specifically in the context of a capital
disorder, mood disorder and major depressive offense.
disorder. These other known mental disorders
can play a significant role as a juror determines In the current study, we assessed the role of
whether or not to acknowledge if the defendant defendant gender and expert testimony. We
has the mental disorder of pathological expected to find a main effect of defendant
gambling. In addition, there are other factors gender, expert testimony and an interaction
that can predict whether and to what extent a between defendant gender and expert testimony
juror is able to impose the death penalty in a on sentence confidence. We expect to find a
GAMBLING, GENDER, AND SENTENCING 390
main effect of gender due to the literature Comorbid Factors Associated w/ Gambling
stating that there is currently a paternal familial
structure in our society, which causes jurors to Substance Abuse
feel less remorse handing out a harsher
sentence to males than females. Research also One comorbid disorder, substance abuse,
states that jurors expect expert testimony in has been highly correlated with pathological
courtrooms, which is the basis for the gambling. A study conducted by Stewart, Zack,
expectation of an effect of expert testimony. Collins, Klien, and Fragopoulous (2008)
This research is important because pathological concluded that there are many reasons why
gambling is currently being considered to be there is a high comorbidity between
added as its own disorder in the upcoming pathological gambling and substance abuse.
DSM-V. There needs to be a basis for adding One such reason is that many models argue that
this disorder so this research is very fitting for the desire to alter mood is the underlying cause
the time being. for different addictive behaviors, which include
gambling. (Stewart et al., 2008). This study
Pathological Gambling As a Disorder also indicated that there are three types of
pathological gamblers with substance abuse
Pathological gambling is classified as, an addictions: impulsive escape seekers,
Impulse Control Disorder Not Elsewhere moderately impulsive action seekers, and
Classified in the Diagnostic and Statistical normal problem gamblers. The researchers
Manual of Mental Disorders, Fourth Edition, found that gamblers who were emotionally
Text Revision (DSM-IV-TR).Impulse Control vulnerable felt the need to gamble as a way to
Disorders: “are characterized by repeated stabilize their emotional states or meet certain
engagement in impulsive behaviors and a psychological needs; these individuals typically
diminished ability to inhibit participation in suffer from anxiety and/or depression, negative
these behaviors despite adverse consequences. family backgrounds and poor coping skills.
Pathological gambling is described as a Pathological gamblers who were antisocial and
maladaptive pattern of gambling behavior that impulsive were found to have both biological
may be associated with serious psychosocial and psychosocial vulnerabilities, which
and financial problems” (Wareham & Potenza, manifested themselves in multiple forms of
2010, 243). Currently pathological gambling is psychopathy, including impulsivity, antisocial
classified in the DSM-IV with kleptomania, personality disorder and comorbid substance
pyromania, intermittent explosive disorder, and abuse. Finally, the research indicated that
trichotillomia (Grant & Kim, 2003). Due to the gamblers who were behaviorally conditioned,
fact that the criterion for pathological gambling as a result of distorted cognitions, and poor
was taken from the criteria for substance- decision making, were thought to display low
dependent disorders, unlike many other impulse levels of psychopathy. They also found that
control disorders, many consider it an gamblers who, as a collective, often drink while
addiction. Pathological gambling has a high gambling and that gambling disorders are often
rate of comorbidity due to its perception as an correlated with alcohol use disorders. This
addiction. Multiple studies have reported that research supports the drug abuse literature
persons suffering from pathological gambling regarding the subgroups of substance abuse.
have high rates of comorbid disorders including
lifetime mood (60-70%), anxiety (16-40%), and Impulse Control Disorder
substance abuse (33-63%). The most common
disorders associated with pathological Another comorbid disorder associated with
gambling include, substance abuse, impulse pathological gambling is impulse control
control disorder, major depressive disorder, disorder. A study conducted by Grant and Kim
generalized anxiety disorder, and mood (2003) found that individuals that suffer from
disorder. pathological gambling suffer from high rates of
comorbid impulse control disorders, including
but not limited to, elevated lifetime and current virtually anything. The most popular gambling
prevalence rates of both compulsive buying and activities, currently, include poker, casino
compulsive sexual behavior compared to the games including slots, blackjack, craps, and
general population (1.1 and 5% respectively). video poker, sports betting, lotteries, wagering
This study also concluded that addictions, such on races, bingo, and day trading stocks on the
as gambling, may be indicative of a way to self- Internet. These activities vary between
medicate depressive symptoms through the requiring skill, such as poker, while others are
endogenous opioid system. Impulse Control completely based on luck, for example the
Disorder seems to be very fitting with lottery. Gambling also ranges between being a
pathological gambling due to the fact that if a solitary to a social event (Holtgraves, 2009). A
person does not have control over their study conducted by Moore and Ohtsuka (1999)
impulses, they would not be able to control found that 90% of their sample had experienced
certain impulsive tendencies, such as gambling. gambling at least once, and that 10% of those
people were concerned about controlling their
Major Depressive Disorder gambling. This study indicated that a
significant number of individuals believed that
Pathological gambling can include a pattern they could control the outcome of their
of repeated gambling behaviors that include gambling, for example, willing the winning
family life, occupational functioning, personal combination or concentrating positively so that
finances and well-being. (Kennedy et al., they may increase their chance of winning.
2010). The study conducted by Kennedy et al.
(2010), showed that there was a high Gambling has both positive and negative
correlation between pathological gambling and effects. It has been shown to increase state
mood disorders. The study also indicated that revenue, which could potentially fund entities,
about 12.5% of pathological gamblers also had such as education, and subsidize state taxes.
major depressive disorder, and that in the Major There is also research to suggest that bingo
Depressive Disorder population men and could possibly help maintain cognitive abilities
women did not differ significantly in their rates in the elderly. The more negative aspects of
of gambling. gambling include the fact that it can turn into
an addictive behavior, such as pathological
Generalized Anxiety Disorder gambling. Another negative effect is that if
gambling becomes more and more widely
Research also indicates that pathological available it also increases the opportunity for
gamblers who also suffered from Major pathological gamblers to develop (Kassinove,
Depressive Disorder self-reported higher levels 1998). If there are more outlets available for
of anxiety, including behavioral, cognitive, and individuals inflicted with a gambling problem
somatic, than individuals who did not suffer there is a higher likelihood that they will
from pathological gambling. (Kennedy et al., develop either a gambling addiction or, more
2010). The study conducted by Kennedy et al. severely, pathological gambling.
(2010), concluded that while both generalized
anxiety disorder and Major Depressive Expert Testimony
Disorder are both comorbid of pathological
gambling, they are also linked together. This Many criminal as well as civil cases
research concluded that anxiety is often a involve the use of expert testimony. The
prominent component of pathological gambling purpose of expert testimony is to educate the
behavior. (Kennedy et al., 2010). jurors with respect to factors that may attenuate
or enhance liability and/or guilt. A study
Research Addressing Gambling conducted by McAuliff and Kovera (2008)
revealed 65% of state court judges indicated
Gambling can take many different forms, that they had experienced DNA evidence in
and individuals can and will gamble on their courtrooms. In general, the common man
has difficulty reasoning about scientific and in the literature on gambling, but also have
methodological issues. Jurors can miss small current knowledge on the fields of addiction
things, such as, small sample sizes, bias when and mental illness. Experts should also be
generalizing results, and the atypical nature of knowledgeable of any changes in the law and
the sample. Even if the expert witness will only all court cases involving gambling. They will
have a marginal effect on the outcome of a trial, need to analyze the patterns and trends of the
defendants and attorneys will seek out an legalization of gambling, as well as the creation
expert to testify (Woody & Forrest, 2009). of new gambling devices. Experts also need to
follow an ethical code, like all professionals, by
Juror’s Perceptions of Expert Testimony preserving personal integrity, and having an
unbiased testimony (Lorenz, 1989).
Previous research indicates that individuals
on a jury, when presented with expert Groscup (2003) found that the expert
testimony, will have a difficult time testimony elicited for gambling are held to the
understanding the technical jargon presented by same Daubert standard as in other trials. The
the expert. Since jurors have a difficult time Daubert standard states that expert testimony
comprehending the information presented to has to be tested to determine if it is falsified,
them, they base their opinions of credibility been subjected to peer review and publication,
more on the credentials, pay rate, and and whether or not the theory has been
frequency at which the expert testifies. This generally accepted by the scientific community
research resulted in the conclusion that when (Kulich, et al., 2003). Generally, the court
jurors were presented with an expert witness system is allowing expert testimony into court
who had impressive credentials and was highly that may or may not necessarily had the
paid, jurors did not like, believe, and were not Daubert standard applied to them. This holds
affected by this witness. When presented with true as well. By presenting this evidence, we
an expert witness that received the same pay can persuade the jury and elicit the decision
but had more modest credentials, the jury found that we are looking for (Groscup, 2003).
the witness more effective. This witness was
found more credible because jurors believed Juror Perceptions of Gender
that they had something important to contribute
to the trial. If the jury perceives that the expert Research indicates that male defendants
is a “hired gun” such that they have the highest receive harsher sentences than female
credentials and are highly paid, this expert is defendants. An explanation for this
not successful at persuading the audience. This phenomenon is that because females have more
research also indicated that if an expert witness familial duties, they are sentenced less harshly.
testifies frequently and is paid highly that jurors Historically, our society has been in a paternal
will perceive the expert more as a “hired gun” familial state, which gives off the perception
and his credibility will be weakened (Cooper & that females care for the children and the
Neuhaus, 2000). household while males go to work and provide
for the family. Research conducted by
Expert Testimony and Gambling Freiburger (2010) shows that jurors are more
lenient on female defendants because they have
There has been relatively little research people, usually children, who are dependent on
conducted on pathological gambling and the them. This paternal familial structure is deeply
effect expert testimony has on jurors’ engrained in our society. Jurors do not want to
perceptions. A study conducted by Lorenz take females away from their families, since
(1989), found that if an expert is planning on they are the emotional backbone. This is not
testifying in cases that involve either true for male defendants. Males tend to be the
pathological or compulsive gamblers that there economic support for families and jurors do not
are certain aspects that the expert should be seem to feel the same remorse for giving males
attuned to. An expert should not only be current harsher sentences. This research also indicates
that if a male defendant was a primary (2006) found that men were overall more
caregiver and had children that were dependent competitive than women and this
on him; the male defendant would also receive competitiveness attributed individuals towards
a less harsh punishment. a higher proclivity of pathological gambling.
This study also concluded that men and women
A study conducted by Higgins & Jordan enjoy different types of gambling. Men are
(2007) found that males and females differ in more inclined to place wagers on games of
their perception of the court. Their research skill, for example sports betting or horse racing,
indicated males and females differed in how while women were more likely to engage in
they perceived the fairness of the courts. There passive gambling such as bingo or lottery
is also a significant difference in decision tickets. Over all, men seemed to be more
making due to juror gender. Female jurors tend predisposed to pathological gambling than
to hand out harsher penalties because they are women.
more empathetic and emotionally sensitive, so
they are more likely to sympathize with the The Sentencing Phase of a Capital Trial
victim. Male jurors, on the other hand, tend to
be more evidence driven, and identify more A capital trial is a trial in the court system
with the defendant so they render more lenient that is only for certain types of cases, called
sentences (ForsterLee, ForsterLee, Horowitz, & capital offenses. These offenses include first
King, 2006). This study also indicated that degree murder, murder with special
female jurors were more likely to recall circumstances, rape with additional harm, and
information than male jurors. While female treason. Capital offenses vary from state to
jurors tend to elicit harsher sentences, it seems state and there are federal capital crimes. In
that they have more of a basis for these capital trials, jurors have the unique
sentences than their male counterparts. responsibility of determining both the guilt and
sentencing of a defendant. In most criminal
Gender Perceptions and Gambling trials the judge determines the sentence while
the jury only determines guilt. If a conviction is
There are very clear gender perceptions determined in a capital case, the jury is then
associated with gambling. Since pathological responsible for determining the penalty by
gambling is consider an impulse control weighing both the aggravating circumstances
disorder there are parallels that can be drawn as and the mitigating circumstance. If the
to which gender is more afflicted with mitigators outweigh the aggravators then the
pathological gambling. Research conducted by juror should recommend a life sentence,
Beaver et. al (2010) found that males are twice however, if the aggravators outweigh the
as likely to be diagnosed with an impulse mitigators then the jury should recommend a
control disorder. This study found that there are death sentence (Butler & Moran, 2007a).
differences in male and female brain structure, Another unique aspect of the capital trial is that
which can lead to the susceptibility of having all jurors are required to be death qualified.
one of these disorders. Another study Death qualification means that jurors hold
conducted by Desai & Potenza (2007) found attitudes towards the death penalty that would
that even though women gamble less frequently not hinder their ability to make a fair and
and less heavily than do men, gambling is also impartial decision for the fate of the defendant.
associated with some mental health problems, The current standard for death qualification is
which tend to occur more in women than men. the Witt Standard, which states that if a
Women who are afflicted with pathological potential jurors feels so strongly one way or
gambling tend to be older, have lower another about the death penalty that their
household incomes, more likely to have some beliefs would impair their performance as a
college education but not a college degree, and juror they must be dismissed from the case
are not likely to be currently working. A study (Butler & Moran, 2007b).
conducted by Burger, Dahlgren & MacDonald
During the sentencing phase, jurors must H4: We expect to find a significant main
consider both aggravating and mitigating effect of gender on two non-statutory
circumstances. Aggravating circumstances are mitigating factors in their sentence
factors that are defined in the statutes, which recommendation. The circumstances included
make the defendant worthy of the death the defendant was significantly impaired at the
penalty. Mitigating factors are any attribute of time of the crime, and the defendant has no
the defendant or any circumstance of the case prior criminal history. We were interested in
that may make the defendant more deserving of whether and to what extend our trial factors
a life sentence (Jones & Wiener, 2011). influenced consideration of these
Mitigating factors can include the absence of circumstances.
significant criminal history, minor participation
in the crime, intoxication, and character and Method
background, just to name a few (Barnett,
Brodsky & Price, 2008). A study conducted by Participants
Barnett, Brodsky, & Price (2008) found that
jurors used factors such as head injuries and Participants consisted of 189 jury-eligible
mental illnesses as mitigating factors but used community members recruited and screened
alcohol and drug addiction as an aggravating through StudyResponse project. The
factor. So the research suggests that jurors are StudyResponse project is hosted by the School
not necessarily using the mitigating and of Information Studies at Syracuse University,
aggravating circumstances correctly, but and exists as a resource for student and faculty
instead deciding which factors belong in which researchers in the social sciences.
category. StudyResponse has received Institutional
Review Board approval (#07199; Stanton,
The Current Study 2007). Using StudyResponse we were able to
elicit a large sample of individuals who
Based on research addressing expert contributed to a variety of different responses.
testimony and perceptions of compulsive
gambling, we proposed the following Materials and Procedure
hypotheses:
Participation in the study took place
H1: We expect a main effect of testimony electronically. All participants were linked to
of pathological gambling on evaluations of the experiment through Survey Monkey. After
sentence2. Specifically, expert testimony of the linking to the study, all participants completed
comorbidity of pathological gambling will an electronic consent form. Their agreement
elicit significantly more confidence in death was indicated via initials. They then were
penalty recommendations compared to directed to the experimental materials,
testimony without the comorbid effects. experimental manipulation and pre- and post-
H2: We predict a main effect of defendant trial questionnaires. Participants were also pre-
gender. Specifically, male defendants will be screened for jury eligibility service as death-
significantly more likely to be sentenced to qualified, in order to participate in the study.3
death compared to females.
H3: We predict a moderating effect of All participants first read a brief fact
gender on confidence in sentencing. Namely, pattern summarizing the guilt phase of the trial
participant-jurors will report higher confidence and after reading this they decided on a verdict
in a death sentence for males with pathological of guilty or not guilty. Considering we were
gambling compared to females. interested in assessing only those individuals
2 3
This dependent variable will be computed by Participant pool were those individuals who
combining dichotomous sentence with linear participated in Pammett (2012) study, therefore the
determinations of confidence in sentence. stimulus materials were identical.
who would qualify for jury service in a capital Results

trial, if participants indicated a not guilty
verdict, their participation in the exercise To test the hypothesis that defendant
ceased. They were thanked and debriefed. gender and expert testimony would influence
Participants who found the defendant guilty juror’s confidence in sentencing, a 2 x 3
were then death-qualified through the Witt between-subjects ANOVA was conducted on
standard (Wainwright v. Witt, 1985). Any confidence in sentencing, with higher scores
participants who reported an issue with indicating greater confidence in a death
imposing the death penalty were not allowed to sentence. See Table 1 for configuration of
continue with the study. This group as well was design paradigm after combining GAD and
thanked and debrief and their participation was MDD. A main effect of expert testimony was
terminated. found, F(2, 132) = 3.34, p = .039. Post hoc
comparisons with the Least Significant
Remaining participants then completed 13 Difference test revealed that the Pathological
demographic items and attitudinal scales, Gambling (PG) condition differed significantly
including the 15-item Attitudes Toward the from the condition including both Generalized
Death Penalty scale (ATDP: O’Neil, Patry, & Anxiety Disorder (GAD) and Major Depressive
Penrod, 2004), the 18-item abbreviated Need Disorder (MDD) (M = 3.19 SD = 6.38 v. M =
for Cognition scale (NFC: Cacioppo, Petty, & .088 SD = 6.16, respectively). The effect of the
Kao, 1984), and the 20-item Positive and expert testimony regarding comorbid PG and
Negative Affect Schedule (abbreviated) in Substance Abuse (SA) did not differ
order to measure individual differences. significantly from either PG alone or with GAD
and MDD. There was no significant interaction
They then read one of two versions of the between defendant gender and expert testimony
fact pattern in the case. Gender of the defendant on confidence and sentencing, though a main
was manipulated as Mary v. George. Opening effect for the defendant gender approached
statements and expert testimony of pathological significance F(1, 132) = 3.17, p = .077. See
gambling followed a pre-sentencing phase Table 2 for distribution of participants into
instruction. Expert testimony was manipulated experimental condition after combining GAD
either as testimony of gambling v. gambling with MDD.
w/substance abuse v. gambling w/generalized
anxiety disorder v. gambling w/major To test the hypothesis that jurors
depression. Closing arguments and sentencing considered various, predefined sentencing
instructions followed. factors in relation to gender differences, an
ANOVA was conducted, revealing a main
After reading the trial transcripts, all effect of gender of the defendant on the fact
participants rendered a dichotomous verdict, that the defendant had no prior criminal history
and completed a number of items assessing F(1, 132) = 5.14, p = .025. Jurors based their
verdict confidence, perceptions of various decisions more heavily on the fact that the
aspects of the trials and measures designed to defendant had no prior criminal history if the
assess instruction comprehension.4 After defendant was male (65%) compared to female
completing all materials, participants were (50%). A t-test was conducted and found that
thanked, debriefed and provided the incentive jurors used this factor when recommending a
by the research team at StudyResponse. life sentence more when the defendant was
male (84%) compared to female (57%) with p <
.001.
Discussion
4
All stimulus materials appear in the Appendix of
Pammett paper appearing in this issue of the Overall this study yielded some very
Journal. interesting results. Results indicated that
prospective jurors have very little sympathy for data across these two conditions and our
individuals who are afflicted with pathological subsequent design resulted in a 2x3
gambling. Throughout all of the research that configuration.
was looked at, there was more death sentences
for the conditions containing pathological Changing these conditions paves the way
gambling alone compared to all other for future research. Since the manipulation
conditions. Once different, currently diagnosed, check revealed that participant-jurors did not
mental disorders were factored in, participant- distinguish between Generalized Anxiety
jurors seemed to be more sympathetic and Disorder and Major Depressive Disorder one
render a life sentence. The most significant could argue that the wording could have
differences were between the pathological possibly influenced their decision. Future
gambling condition and the condition that researchers should change the wording to put
included pathological gambling, Generalized the disorders on a more even keel. The term
Anxiety Disorder and Major Depressive Generalized Anxiety Disorder could be
Disorder. We also found that prospective jurors replaced with Panic Disorder coupled with
looked at some of the sentencing decisions and Major Depressive Disorder so that jurors
used them correctly in aiding their decisions. perceive them as comparable disorders. If
The sentencing factor that this research looked future researchers did not want to change the
at was a non-statutory mitigating factor, which term Generalized Anxiety Disorder then the
should be used to help elicit a life sentence. The term Major Depressive Disorder should be
jurors in this research used the factor as the changed to Depression. It would seem that the
judge intended it to be used and more life terminology greatly affects how the participant-
sentences were rendered due to this factor. jurors consider the disorders.
What is even more interesting is that
participant-jurors used this factor more for Future research should also look at the
males than females, which completely goes different factors surrounding both the elements
against the literature. of the crime and the circumstance surrounding
the defendant’s life. It would be interesting to
After a review of the manipulation check, it see if the elements of the crime or the
was determined that jurors did not distinguish circumstances around the defendant’s life
between the Generalized Anxiety Disorder and influenced decisions at all. This research started
the Major Depressive Disorder conditions. to look at the elements of the crime but future
Current research conducted by Lawrence, research should vary the different elements,
Liverant, Rosellini, and Brown (2009) found such as the commission of a robbery and the
that there is a high comorbidity between heinous nature of the crime to see if those have
Generalized Anxiety Disorder and Major any effect. The circumstances of the
Depressive Disorder. Currently, the DSM-IV- defendant’s life should also be varied and
TR specifies that if Generalized Anxiety looked at. Jurors may use different
Disorder exists during an episode of Major circumstances for different things, such as
Depressive Disorder, or any other mood sparing the defendant if he had a troubled life
disorder, it should not be diagnosed. This or sentencing him to death if he is a hardened
research found that, if the specifications in the criminal. Different factors can cause different
DSM-IV-TR were ignored, Generalized reactions in potential jurors and it would be
Anxiety Disorder existed in 67% of Major interesting to see if their sentence
Depressive Disorder cases. Since there is a new recommendations change.
version of the DSM being complied at this
time, clinicians are looking at combining Currently, Pathological Gambling is being
Generalized Anxiety Disorder and Major looked at to be defined as its own disorder in
Depressive Disorder. They would be placed on the DSM-V. The research collected in this
a continuum with the end result being both study found that participant-jurors do not
conditions combined. As a result, we collapsed sympathize with Pathological Gambling as its
own disorder so it will be very interesting to Desai, R. A., & Potenza, M. N. (2008). Gender
see what comes of it in the DSM-V. differences in the associations between
past-year gambling problems and
References psychiatric disorders. Social Psychiatry
And Psychiatric Epidemiology, 43, 173-
Barnett, M. E., Brodsky, S. L., & Price, J. 183. doi:10.1007/s00127-007-0283-z
(2007). Differential impact of mitigating ForsterLee, R., ForsterLee, L., Horowitz, I. A.,
evidence in capital case sentencing. & King, E. (2006). The Effects of
Journal Of Forensic Psychology Practice, Defendant Race, Victim Race, and Juror
7, 39-45. doi:10.1300/J158v07n01_04 Gender on Evidence Processing in a
Beaver, K. M., Hoffman, T., Shields, R. T., Murder Trial. Behavioral Sciences & The
Vaughn, M. G., DeLisi, M., & Wright, J. Law, 24, 179-198. doi:10.1002/bsl.675
(2010). Gender differences in genetic and Freiburger, T. L. (2010). The effects of gender,
environmental influences on gambling: family status, and race on sentencing
Results from a sample of twins from the decisions. Behavioral Sciences & The
National Longitudinal Study of Adolescent Law, 28, 378-395.
Health. Addiction, 105, 536-542. Grant, J. E., & Kim, S. W. (2003). Comorbidity
doi:10.1111/j.1360-0442.2009.02803.x of impulse control disorders in pathological
Burger, T. D., Dahlgren, D., & MacDonald, C. gamblers. Acta Psychiatrica Scandinavica,
D. (2006). College students and gambling: 108, 203-207. doi:10.1034/j.1600-
An examination of gender differences in 0447.2003.00162.x
motivation for participation. College Groscup, J. (2003, January). Legalized
Student Journal, 40, 704-714. gambling, beekeeping, or science? Judicial
Butler, B., & Moran, G. (2007a). The role of decision making about expert testimony in
death qualification and need for cognition the aftermath of Daubert and Kumho.
in venire persons’ evaluations of expert Dissertation Abstracts International, 63,
scientific testimony in capital trials. Higgins, G. E., & Jordan, K. L. (2005). Race
Behavioral Sciences & The Law, 25, 561- and gender: An examination of the models
571. doi:10.1002/bsl.758 that explain evaluations of the court system
Butler, B., & Moran, G. (2007b). The impact of for differences. Criminal Justice Studies: A
death qualification, belief in a just world, Critical Journal of Crime, Law & Society,
legal authoritarianism, and locus of control 18, 81-97.
on venire persons’ evaluations of doi:10.10801/14786010500071188
aggravating and mitigating circumstances Holtgraves, T. (2009). Gambling, gambling
in capital trials. Behavioral Sciences & The activities, and problem gambling.
Law, 25, 57-68. doi:10.1002/bsl734 Psychology Of Addictive Behaviors, 23,
Cooper, J., & Neuhaus, I. M. (2000). The 295-302. Doi:10.1037/a00014181
‘Hired Gun effect: Assessing the effect of Jones, M., & Wiener, R. L. (2011). Effects of
pay, frequency of testifying, and credentials mortality salience on capital punishment
on the perception of expert testimony. Law sentencing decisions. Basic and Applied
And Human Behavior, 24, 149-171. Social Psychology, 33, 167- 181.
doi:10.1023/A:1005476618435 doi:10.1080/01973533.2011.568852
Cunningham-Williams, R. M., Gattis, M. N., Kassinove, J.I. (1998). Development of the
Dore, P. M., Shi, P., & Spitznagel, E. r. Gambling Attitude Scales: Preliminary
(2009). Towards DSM-V : Considering findings. Journal of Clinical Psychology,
other withdrawal-like symptoms of 54, 764-771.doi:10.1002/ (SICI)1097
pathological gambling disorder. 4679(199810)54:6<763::AIDJCLP2>3.0.C
International Journal Of Methods In O;2-
Psychiatric Research, 18, 13-22. Kennedy, S. H., Welsh, B. R., Fulton, K.,
doi:10.1002/mpr.273 Soczynska, J. K., McIntyre, R. S.,
O’Donovan, C., & ... Martin, N. (2010).
Frequency and correlates of gambling Behaviors, 13, 339-347. doi:10.1037/0893-

problems in outpatients with major 164X.13.4.339
depressive disorder and bipolar disorder. O'Neil, K. M., Patry, M. W., & Penrod, S. D.
The Canadian Journal Of Psychiatry / La (2004). Exploring the Effects of Attitudes
Revue Canadienne De Psychiatrie, 55, 568- Toward the Death Penalty on Capital
576. Sentencing Verdicts. Psychology, Public
Kulich, R. J., Driscoll, J., Prescott, J. r., Policy, And Law, 10, 443-470.
Pelletier, N. J., Driscoll, S., Cooke, W doi:10.1037/1076-8971.10.4.443
&…Mehta, N. R. (2003). The Daubert Plato. Education Quotes. World of
Standard, A primer for pain specialists. Quotes.www.worldofquotes.com
Pain Medicine, 4, 75-80. Stewart, S. H., Zack, M., Collins, P., & Klein,
doi:10.1046/j.1526-4637.2003.03007.x R. M. (2008). Subtyping pathological
Lawrence, A. E., Liverant, G. I., Rosellini, A. gamblers on the basis of affective
J., & Brown, T.A. (2009). Generalized motivations for gambling: Relations to
anxiety disorder within the course of major gambling problems, drinking problems, and
depressive disorder: Examining the utility affective motivations for drinking.
of the DSM- IV hierarchy rule. Depression Psychology Of Addictive Behaviors, 22(2),
And Anxiety, 26, 909-916. 257-268. doi:10.1037/0893-164X.22.2.257
doi:10.1002/da.20607 Wainwright v. Witt, 469 U.S., 412 (1985).
Lorenz, V.C. (1989). Compulsive gambling and Wareham, J. D., & Potenza, M. N. (2010).
the expert witness. Journal of Forensic Pathological gambling and substance use
Sciences, 34(2), 423-432. disorders. The American Journal Of Drug
McAuliff, B. D., & Kovera, M. (2008). Juror And Alcohol Abuse, 36, 242-247.
need for cognition and sensitivity to doi:10.3109/00952991003721118
methodological flaws in expert evidence. Woody, W., & Forrest, K. D. (2009). Effects of
Journal Of Applied Social Psychology, 38, false-evidence ploys and expert testimony
385-408. on jurors’ verdicts, recommended
Moore, S. M., & Ohtsuka, K. (1999). Beliefs sentences, and perceptions of confession
about control over gambling among young evidence. Behavioral Sciences & The Law,
people, and their relation to problem 27, 333-360. doi:10.1002/bsl.865
gambling. Psychology Of Addictive
Table 1.
3 x 2 Between Subjects Design (Configured after combining GAD & MDD).
COMORBID DISORDERS MALE DEFENDANT FEMALE DEFENDANT
Pathological Gambling Male/PG Female/PG

(PG)
Substance Abuse Male/PG and SA Female/PG and SA

(SA)
Generalized Anxiety
Disorder and Major Male/PG and Female/PG and
Depressive Disorder GAD/MDD GAD/MDD
(GAD/MDD)
Table 2.
Distribution of participants in experimental conditions after combining GAD / MDD
DISTRIBUTION OF PARTICIPANTS AFTER COMBINING GAD / MDD

Count
Defendant Gender Total
Male Female
Expert testimony Pathological Gambling 22 20 42
Substance Abuse 17 13 30
Generalized Anxiety 34 31 65
Disorder
Total 73 64 137

Jorp Vol 3 No 2 2 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Jorp Vol 3 No 2 2 PDF

Uploaded by

Copyright:

Available Formats

RWU

Dangerous Criminals or Misunderstood? Assessing Police Perceptions of the Mentally Ill

Amy Roach ..................................................................................................................................... 300-323

Emily Jean Pammett ...................................................................................................................... 324-355

The Impact of Priming, Legal Attitudes, and Media Exposure on Perceptions of

Elizabeth Magner ........................................................................................................................... 356-388

The Differential Influence of Pathological Gambling and Defendant Gender on

Amber Monck ................................................................................................................................ 389-400

Dr. Judith Platania

INSTRUCTIONS FOR CONTRIBUTORS

Dangerous Criminals or Misunderstood?

Keywords: mental illness, perceptions, dangerousness

The number of people diagnosed with impact on everyday behaviors including

Symptoms of mental illness are strongly increased perceptions of dangerousness

The measures consisted of thirty-seven A 2 (perceived severity) X 3 (mental

more likely to believe that Michael needed

Baumann, A. E. (2007). Stigmatization, Feldman, D. B., & Crandall, C. S. (2007).

Martinez, A. G., Piff, P. K., Mendoza- illness: An examination of the stigma

To what extent do you think Michael is likely to harm himself?

To what extent do you think Michael is likely to harm others?

To what extent do you think Michael is likely to harm you?

To what extent do you think Michael is a dangerous person?

To what extent would you be cautious when approaching Michael?

People like Michael tend to be dangerous.

To what extent do you think Michael is threatening?

To what extent would you be fearful of approaching Michael?

To what extent does Michael’s behavior make you uneasy?

To what extent does Michael’s behavior appear unusual?

There is no way to completely understand Michael’s behavior.

To what extent do you believe that Michael’s problems are self-inflicted?

To what extent do you believe Michael should be arrested?

How likely are you to arrest Michael?

How likely are you to use force when approaching Michael?

To what extent do you believe Michael should be in prison?

To what extent do you believe Michael should be in a treatment facility?

People like Michael should be given specialized treatment.

To what extent do you believe that Michael’s behavior is treatable?

To what extent do you feel sympathetic towards Michael?

To what extent do you want to help Michael?

People should be sympathetic to the problems of Michael.

To what extent do you believe that Michael is misunderstood?

To what extent do you believe other people will avoid Michael?

To what extent would you want to avoid Michael?

People like Michael should go to special detention facilities.

How likely do you think Michael is to commit a crime in the future?

It is likely that Michael has already committed a crime in the past.

How comfortable to do you feel approaching Michael?

You have had experience dealing with people like Michael.

You need more training in how to approach people like Michael.

1. What is your gender?

2. Into which of these age categories do you fall?

3. What is your race/ethnicity?

4. What is your native language?

6. How long have you served as a police officer?

5. What is the highest level of education you have attained?

An Affect Infusion Path Model:

Emily Jean Pammett

Keywords: affect infusion, mood and cognitive states, decision-making

Affect Infusion Model penalty should not be affected by mood

determination (heuristic approach). Finally, Cacioppo, 1986).

Comorbid Traits (Hucker, 2005; Kerber, Black, &

The mediating effects of affect and Method

defendant panicked and purchased a firearm w/generalized anxiety disorder v. gambling

attentive strong

irritable inspired

afraid alert

upset active

guilty nervous

excited hostile

proud jittery

ashamed scared

enthusiastic distressed

determined interested

Perceptions of β = -‐.44 Con2idence and