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DANGEROUS OPINIONS: PERCEPTION OF VIOLENT VIDEO GAMES ON JURY DECISION MAKING
Title
DANGEROUS OPINIONS: PERCEPTION OF VIOLENT VIDEO GAMES ON JURY DECISION MAKING.
Creator
Jacobi, Brock, Sims, Valerie, University of Central Florida
Abstract / Description
The purpose of the study was to examine whether a potential juror would give harsher sentences to defendants based only on the manipulation of the defendant's personal hobby. This was investigated by manipulating the hobby through a hypothetical manslaughter scenario in a vignette. Participants were asked to answer questions pertaining to the defendant's guilt and potential sentencing. Results indicate that participants' sex, participants' authoritarianism, and defendant's hobby were...
Show moreThe purpose of the study was to examine whether a potential juror would give harsher sentences to defendants based only on the manipulation of the defendant's personal hobby. This was investigated by manipulating the hobby through a hypothetical manslaughter scenario in a vignette. Participants were asked to answer questions pertaining to the defendant's guilt and potential sentencing. Results indicate that participants' sex, participants' authoritarianism, and defendant's hobby were significant factors. Significant interactions were found pertaining to whether the defendant should receive counseling across sex by violence and sex by avocation. These results are evidence that the use of jurors in the legal system is flawed and needs to be improved upon. Future research should examine an age distribution closer to the national mean, and the online setting should be replaced with an in person mock jury that will have more realistic group dynamic and higher ecological validity.
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Date Issued
2014
Identifier
CFH0004569, ucf:45177
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004569
IMPROVING COMPREHENSION OF CAPITAL SENTENCING INSTRUCTIONS: A BIAS REDUCTION APPROACH
Title
IMPROVING COMPREHENSION OF CAPITAL SENTENCING INSTRUCTIONS: A BIAS REDUCTION APPROACH.
Creator
Otto, Charles Wesley, Applegate, Brandon K., University of Central Florida
Abstract / Description
Previous research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. Social scientists have used two different methods to improve juror understanding of legal instructions, psycholinguistic rewrites and bias-reduction techniques. Psycholinguistic rewrites of legal...
Show morePrevious research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. Social scientists have used two different methods to improve juror understanding of legal instructions, psycholinguistic rewrites and bias-reduction techniques. Psycholinguistic rewrites of legal instructions have been shown consistently to improve juror comprehension of general legal instructions and instructions used in the sentencing phase of a capital trial, however, there has been a call in the literature to not only improve the clarity of judicial instructions but to address comprehension biases that interfere with jurors' ability to understand the instructions. Because a bias-reduction approach has received limited empirical testing and has never been tested on capital-sentencing instructions, this research sought to test the effectiveness of a bias-reduction approach with those instructions. Participants were randomly assigned to hear either Florida's pattern instructions used in the penalty phase of a capital trial or the same instructions with additional statements that mentioned and refuted biases thought to be associated with established areas of miscomprehension. After participants heard the judicial instructions, their understanding of the law on capital punishment decision-making was assessed. Additionally, the participants were asked to render a verdict in a hypothetical case. The results revealed that comprehension was higher for participants exposed to the bias-refutation statements than for participants who were exposed to only the pattern instructions. Among all participants, greater understanding of capital sentencing instructions was associated with an increased likelihood that mock jurors recommended a life sentence, but this observed association was not statistically significant when examining capital-juror eligible participants. The results of this study suggest that efforts should be undertaken to improve specific areas of Florida's capital sentencing instructions.
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Date Issued
2004
Identifier
CFE0000011, ucf:52841
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0000011
THE FLORIDA JURY: TECHNICAL EVIDENCE AND BIAS
Title
THE FLORIDA JURY: TECHNICAL EVIDENCE AND BIAS.
Creator
Albaugh, Andrew, Cook, Kathy, University of Central Florida
Abstract / Description
The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what...
Show moreThe recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's comprehension and decrease their bias must be discussed and propagated. The purpose of this thesis is to explore the answers to those questions and provide potential solutions to the issues facing the modern Florida jury. Law journals, statutes, and case law all suggest that juror comprehension decreases substantially when faced with highly complex evidence. Biases are also commonly associated with these forms of evidence and are leading towards unfair verdicts. Despite these problems, there are solutions that are readily available in the areas of alternative dispute resolution. Further solutions may be created through a revision of the jury instruction process. This thesis seeks to raise awareness of the problems facing the Florida jury and contribute solutions that are practical and easily used.
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Date Issued
2013
Identifier
CFH0004427, ucf:45098
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004427
PROSECUTORIAL DISCRETION AND PLEA BARGAINING: IS THERE A JURY TRIAL PENALTY?
Title
PROSECUTORIAL DISCRETION AND PLEA BARGAINING: IS THERE A JURY TRIAL PENALTY?.
Creator
Hall, Gina, Eastep, Ph.D., Mary Ann, University of Central Florida
Abstract / Description
As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a...
Show moreAs the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed upon such a powerful position. While prosecutorial discretion has a broad base, the study was narrowed to specifically concentrate on discretion as it impacts plea bargaining and final dispositions. Additionally, an analysis of the data looks at whether or not a defendant faces jury trial penalty for exercising his/her constitutional right to a trial by jury. A statistical comparison was constructed using data collected with respect to specific murder and sexual battery statutes over a 24-month period. Based on the statistical data provided within the study, those individuals who accepted the plea deal offered by the state faced a far less severe punishment than those who opted to go to trial.
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Date Issued
2011
Identifier
CFH0004096, ucf:44793
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004096
PRESERVING THE RIGHT TO A FAIR TRIAL: AN EXAMINATION OF THE PREJUDICIAL VALUE OF VISUAL AND AUDITORY EVIDENCE IN THE CONTEXT OF A CRIMINAL CASE
Title
PRESERVING THE RIGHT TO A FAIR TRIAL: AN EXAMINATION OF THE PREJUDICIAL VALUE OF VISUAL AND AUDITORY EVIDENCE IN THE CONTEXT OF A CRIMINAL CASE.
Creator
Edwards, Emily, Mottarella, Karen, University of Central Florida
Abstract / Description
Federal Rule of Evidence 403 requires evidence's probative value to substantially outweigh its prejudicial value for the evidence to be admitted. To date, courts have opinioned that photographic evidence holds low prejudicial impact and rarely render court proceedings unfair (Futch v. Dugger, 1989). The present study sought to empirically investigate this issue. In a 2 (Auditory Present/Auditory Absent) x 3 (Graphic Photo/Neutral Photo/No Photo) factorial design, 300 participants reviewed...
Show moreFederal Rule of Evidence 403 requires evidence's probative value to substantially outweigh its prejudicial value for the evidence to be admitted. To date, courts have opinioned that photographic evidence holds low prejudicial impact and rarely render court proceedings unfair (Futch v. Dugger, 1989). The present study sought to empirically investigate this issue. In a 2 (Auditory Present/Auditory Absent) x 3 (Graphic Photo/Neutral Photo/No Photo) factorial design, 300 participants reviewed case materials from a recent murder case and provided information concerning their verdict decision. Emotional state data was also collected prior to and following review of the case materials via the Positive and Negative Affect Schedule - Expanded Form (PANAS-X; Watson & Clark, 1994). Participants reviewing graphic photos coupled with their case materials experienced significantly greater increases in both sadness and surpise than those reviewing neutral or no photos. Participants who had an auditory recording present with their case materials experienced greater increases in both joviality and, to a lesser extent, hostility. Participants reviewing the auditory recording also reported being significantly less able to formulate their verdict decisions fairly or impartially. When heightened emotion is involved in decision making, cognitive resources for well-informed decisions are limited (Greene & Haidt, 2002). The current study suggests the potential for particular modes of evidentiary presentation to manipulate jurors' emotions, therefore increasing their prejudicial value. When the probative value of evidence does not outweigh the potentially prejudicial nature of jurors' heightened emotionality, the fairness of court proceedings may be questioned and issues of the defendant's right to a fair trial raised.
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Date Issued
2012
Identifier
CFH0004152, ucf:44849
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004152
AS GOD AS MY WITNESS: A CONTEMPORARY ANALYSIS OF THEOLOGY'S PRESENCE IN THE COURTROOM AS IT RELATES TO THE "OATH OR AFFIRMATION" REQUIREMENT WITHIN THE FLORIDA RULES OF EVIDENCE
Title
AS GOD AS MY WITNESS: A CONTEMPORARY ANALYSIS OF THEOLOGY'S PRESENCE IN THE COURTROOM AS IT RELATES TO THE "OATH OR AFFIRMATION" REQUIREMENT WITHIN THE FLORIDA RULES OF EVIDENCE.
Creator
Gurney, Nicholas, Koblasz, Margarita, University of Central Florida
Abstract / Description
The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by...
Show moreThe existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a tradition, and less of an edict. For centuries, theorists have attempted to determine whether an oath in court is actually effective at accomplishing its goal. The intent of this thesis is to examine the origin of the oath all the way up to the present day. It will be through a comprehensive study of federal law, state law, case law, articles, and publications that we will better understand the oath as a truth-telling instrument that in recent times has lost its effect. From there, it will be possible to better form a solution to a problem that plagues our courtrooms: perjury, or the act of lying under oath. This thesis will seek to establish the best way for our community to actively work towards ensuring the integrity and effectiveness of our judicial system.
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Date Issued
2011
Identifier
CFH0004098, ucf:44811
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004098
VICTIMS OF MORE THAN JUST BIAS: GENDER'S INFLUENCE ON JURY AWARDS AND OTHER MONETARY BENEFITS IN WORKPLACE SEXUAL HARASSMENT CLAIMS
Title
VICTIMS OF MORE THAN JUST BIAS: GENDER'S INFLUENCE ON JURY AWARDS AND OTHER MONETARY BENEFITS IN WORKPLACE SEXUAL HARASSMENT CLAIMS.
Creator
Ferraro, Anthony, Cronon, Christopher, University of Central Florida
Abstract / Description
The main objective in this research was to examine the extent to which gender and gender biases influence monetary benefits received, including jury award amounts, in workplace sexual harassment claims. Two methods were utilized to explore the discrepancies in monetary benefits received based on gender differences. The first method used was a survey to test various gender attitudes, attitudes on sexual harassment, and how influential a victim's gender was on determinations of damage award...
Show moreThe main objective in this research was to examine the extent to which gender and gender biases influence monetary benefits received, including jury award amounts, in workplace sexual harassment claims. Two methods were utilized to explore the discrepancies in monetary benefits received based on gender differences. The first method used was a survey to test various gender attitudes, attitudes on sexual harassment, and how influential a victim's gender was on determinations of damage award amounts in sexual harassment cases. 6 two-way factorial univariate between-subject analyses of variance (ANOVAs) were used to analyze the survey data. The second method in this project consisted of an examination of claims filed by victims of sexual harassment. Equal Employment Opportunity Commission statistics were broken down by gender with respect to resolution type. This provided a means to assess the actual monetary benefits received by both men and women across all possible forms of claim resolutions. In conjunction, these two methods provide a more balanced approach to the assessment of gender discrepancies in sexual harassment claims. Using a combination of actual claims of sexual harassment and survey data, rather than just one or the other, allows for direct comparison between perception and reality. The comparison of perception and reality allows for a more complete assessment of the state of sexual harassment claims as they relate to victim's gender. With a more complete assessment of sexual harassment claims and perceptions of sexual harassment it may be possible to bring to light potential injustices caused by gender or gender stereotyping, and correct any imbalances that may be present.
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Date Issued
2012
Identifier
CFH0004247, ucf:44967
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004247
THE TRANSFORMATION OF OUR WORKPLACES: HOW GENDER HAS SHAPED WORKPLACE SEXUAL HARASSMENT LAW AND AWARD AMOUNTS
Title
THE TRANSFORMATION OF OUR WORKPLACES: HOW GENDER HAS SHAPED WORKPLACE SEXUAL HARASSMENT LAW AND AWARD AMOUNTS.
Creator
Waldick, Ian, Cronon, Chad, University of Central Florida
Abstract / Description
Equal Employment Opportunity laws are a relatively new construct within the framework of American legal history. This area of law, however, has experienced significant development within a relatively short span of time. Over the last half-century, the Supreme Court of the United States has handed down several landmark decisions, clarifying the law as to what constitutes sexual harassment, and in which circumstances employers can be held liable for the harassing actions of employees. The...
Show moreEqual Employment Opportunity laws are a relatively new construct within the framework of American legal history. This area of law, however, has experienced significant development within a relatively short span of time. Over the last half-century, the Supreme Court of the United States has handed down several landmark decisions, clarifying the law as to what constitutes sexual harassment, and in which circumstances employers can be held liable for the harassing actions of employees. The purpose of this thesis is to examine this development, and to assess the question of whether the awards given to male victims of workplace sexual harassment are comparable to the awards given to female victims.
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Date Issued
2013
Identifier
CFH0004438, ucf:45086
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004438