The effects of attorney presentation style, attorney gender, and juror gender on juror decisions.

Peter W. Hahn · Susan Clayton

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Jury Decision Making Processes Legal processes and jurisprudence Deception detection and forensic psychology

Abstract

Extralegal characteristics of attorneys may play a significant role in the decision-making behavior of jurors. Presentation style, for example, is one factor to which trial lawyers pay a great deal of attention. However, a given style of speech may not be perceived equivalently when used by different speakers. The present study examined the effects of the defense attorney's presentation style and gender, and juror gender on jurors' verdicts and evaluation of the attorney and witness. Undergraduate college students read a brief summary of an assault-and-robbery case, viewed a videotape of either a passive or aggressive male or female attorney interrogating a witness, then rendered a verdict and rated the witness and attorney on characteristics such as competency, credibility, and assertiveness. The results indicated that, overall, aggressive attorneys were more successful at obtaining an acquittal for their clients than passive attorneys, and that male attorneys were more successful than female attorneys; presentation style also interacted with gender of attorney and juror. Some possible mechanisms for these effects are discussed.

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References

1961EFFECTS OF GROUP PRESSURE UPON THE MODIFICATION AND DISTORTION OF JUDGMENTS 1952Groups, Leadership, and Men 1966Behavioral sciences and the law.1990Gender, language, and influence.1968Are women prejudiced against women?1982Linguistic Evidence: Language, Power, and Strategy in the Courtroom 1978Speech style and impression formation in a court setting: The effects of “powerful” and “powerless” speech 1996Gender, Power, and Communication in Human Relationships

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