NCJ Number
97648
Journal
Law and Human Behavior Volume: 9 Issue: 1 Dated: (March 1985) Pages: 101-108
Date Published
1985
Length
8 pages
Annotation
Research into the effects of cognitive, attitudinal, and motivational factors on decisionmaking is reviewed in a discussion of the effects of trial delay on jury processes and verdicts in liability cases.
Abstract
Cognitive research indicates that people typically recall an organizing theme and then reconstruct the evidence to fit this theme. Further, memory distortions occur over time as the original facts become less vivid. Individuals' subsequent judgments are influenced by their recollections of subsequent organizing themes rather than by the original facts. A number of motivational and attitudinal studies support that body of psychological theory which holds that people desire consistency among their attidues and between their attitudes and behaviors and seek to avoid the tension that results from attitudinal or behavioral contradictions. Thus, memory biases are likely to be introduced over time as jurors reconstruct the facts of a case and may be motivated to change their attitudes toward a case to justify their former decision. In addition, jurors will be likely to recall more information that is consistent with their attitudes and beliefs than information that is inconsistent. As a result, a decision on damages that is delayed 2 years is likely to be quite different from a decision that would have been reached immediately after the original verdict. The passage of time also may amplify damages. Strategies which may be used by defense< attorneys and the court to minimize the impact of these biases are summarized, implications for future research are noted, and 24 references are provided.