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The reason why misleading post‐event information affects later recollections is the subject of a heated debate within cognitive psychology. One series of studies that is often cited is when subjects are allowed a second guess. Loftus (1979) found that the second guesses of errant misled subjects were not above chance levels. This, she argued, suggests that the memory for the original information cannot be accessed at testing. Four studies are reported in which subjects were allowed second guesses. In these studies errant misled subjects second guesses were better than chance. We discuss how these findings inform the debate about why misinformation affects memory.
The reason why misleading post‐event information affects later recollections is the subject of a heated debate within cognitive psychology. One series of studies that is often cited is when subjects are allowed a second guess. Loftus (1979) found that the second guesses of errant misled subjects were not above chance levels. This, she argued, suggests that the memory for the original information cannot be accessed at testing. Four studies are reported in which subjects were allowed second guesses. In these studies errant misled subjects second guesses were better than chance. We discuss how these findings inform the debate about why misinformation affects memory.
This article highlights the major events and empirical research in the continuing debate over the power and competence of the jury in civil and criminal trials. The concept of jury nullification, the power of the jury to return a verdict based upon their moral conscience despite the evidence and the law, is used as a convenient filter to discuss the legal and behavioral assumptions about jury power and performance. The legal, historical, and even behavioral contexts reflect a bipolar theme in the level of trust Americans have exhibited towards the jury system. One pole reflects the notion that juries lack predictability and rationality in their verdicts and are moved by emotional concerns. AntipodaUy, juries have been thought to reflect an historical competence at applying common sense notions of equity and rationality to conflicted and ambiguous cases. This article traces the history of these two views of jury power and competence. A critical review of the empirical research that may inform the debate about the jury's competence in both criminal and civil arenas is provided. This paper deals with the changing legal, historical, and social perceptions of the power of the American jury. We will also review the recent empirical research concerning the jury's performance and competence in an effort to inform the continuing debate about the proper role of the jury.Juries have the implicit power to acquit defendants despite evidence and judicial instructions to the contrary. This power, embedded in the phenomenon called jury nullification, has historically permitted sympathetic juries to acquit
Thirty 7-year-olds, 30 12-year-olds, and 39 adults were administered the Gudjonsson Suggestibility Scale, which consists of a story followed by 20 questions, 15 of which are misleading. After subjects were told that their answers were not all correct, the questions were readministered to look for "shifts." Approximately half of the subjects in each age group had been warned that the questions were difficult or tricky and that they should only answer with what they confidently remembered. Results indicated that younger children recalled less of the story and were more likely to acquiesce to leading questions than older children and adults. Children also changed more of their answers upon the second questioning. Recall was negatively correlated with both acquiescence to leading questions and likelihood of changing answers, even within age groups. The warning significantly reduced the effect of misleading questions across all age groups. * We gratefully acknowledge the assistance of Jeffery N. Swartwood in analyzing the data and the staff, parents, and students of St. Jude School for their cooperation.
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