Journal of Empirical Legal Studies, Forthcoming
32 Pages Posted: 6 Jun 2013 Last revised: 13 Jun 2013
Date Written: June 5, 2013
Although recent research has found that neurological expert testimony is more persuasive than other kinds of expert and non-expert evidence, no impact has been found for neuroimages beyond that of neurological evidence sans images. Those findings hold true in the context of a mens rea defense and various forms of insanity defenses. The present studies test whether neuroimages afford heightened impact in the penalty phase of capital murder trials.
Two mock jury experiments (n=825 and n=882) were conducted online using nationally representative samples of persons who were jury-eligible and death-qualified. Participants were randomly assigned to experimental conditions varying the defendant’s diagnosis (psychopathy, schizophrenia, normal), type of expert evidence supporting the diagnosis (clinical, genetic, neurological sans images, neurological with images), evidence of future dangerousness (high, low), and whether the proponent of the expert evidence was the prosecution (arguing aggravation) or the defense (arguing mitigation).
For defendants diagnosed as psychopathic, neuroimages reduced judgments of responsibility and sentences of death. For defendants diagnosed as schizophrenic, neuroimages increased judgments of responsibility; non-image neurological evidence decreased death sentences and judgments of responsibility and dangerousness. All else equal, psychopaths were more likely to be sentenced to death than schizophrenics. When experts opined that defendant was dangerous, sentences of death increased. A backfire effect was found such that the offering party produced the opposite result than that being argued for when the expert evidence was clinical, genetic, or non-image neurological. But when the expert evidence included neuroimages, jurors moved in the direction argued by counsel.
Keywords: neuroscience, expert evidence, bias, psychopathy
Suggested Citation: Suggested Citation
Saks, Michael J. and Schweitzer, N. J. and Aharoni, Eyal and Kiehl, Kent, The Impact of Neuroimages in the Sentencing Phase of Capital Trials (June 5, 2013). Journal of Empirical Legal Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2274527
By Owen Jones
By John Meixner