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Criminal Psychology

Strategies to influence jury decision making

  • 3 things to know
  • Component 03

Overview

Recall questions on strategies to influence jury decision making, including story order, expert witnesses, preparing witnesses, defendants' appearance and accents, jury selection, note-taking and written directions, structuring a case, ethical problems and testing effectiveness.

What you need to know

Answer each one before you reveal it.

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Key term

What can the defence do about a client's appearance before trial?

Key term

Distinguish story order from witness order.

Key term

Why does story order work?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Name a strategy a barrister can use to influence jury decision making.

    Model answer

    Presenting the evidence in story order rather than witness order.

  2. 2

    Distinguish story order from witness order.

    Model answer

    Story order presents evidence in the sequence in which events are said to have happened, while witness order presents it in whatever order best suits the availability and legal convenience of the witnesses.

  3. 3

    Why does story order work?

    Model answer

    Jurors decide by constructing a narrative, so evidence already arranged as a story is easier to follow, remember and believe than the same evidence in a fragmented order.

  4. 4

    What happens when one side presents in story order and the other in witness order?

    Model answer

    The side using story order wins far more often; in mock trials convictions rose to around 78% when only the prosecution used story order and fell to around 31% when only the defence did.

  5. 5

    How can calling an expert witness on memory influence a jury?

    Model answer

    Expert evidence on the unreliability of identification makes jurors more critical of eyewitness accounts and less willing to convict on identification evidence alone.

  6. 6

    Why must an expert witness appear independent?

    Model answer

    An expert seen as a paid advocate for one side loses credibility, so their evidence carries little weight with the jury.

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