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The Effects of the Cross-Examination Performance of Expert Witnesses
on Jury Decision-Making in Cases of Child Sexual Abuse.
Author: Magdalena Izabella Tokarczyk₁, Project Supervisor: Paul Summers₂
Contributors: Dr Debora Jeske₃, Roger Witts₄ and Rob Tucker₅
₁,₂Department of Psychology, University of York, UK; ₃Department of Psychology, Northumbria University ; ₄ University of York; ₅ GT Training and Consultancy Ltd
There have been many research studies into the effects of expert testimony
on jury decision-making, ranging from characteristics of the expert witness
such as likeability1 and confidence 2 to its usefulness in reducing
misconceptions about CSA 3. To date, only one study has looked at the
implications of cross-examining expert witnesses in cases involving CSA 4.
The aim of the current study was to find out how the performance of expert
witnesses under cross-examination can influence not only the jurors’ verdict
but also their confidence in it as well as in the child victim credibility.
Design :The study used a 2x3 mixed design. Independent factor: cross-
examination (good and bad). Repeated measures factor: case evaluation
(before and after expert evidence, after cross examination).
Participants : 40 (15 male, 25 female), 20 participants in each cross-
examination condition. Mostly students aged 18-46.
Materials: written case summary, recordings of: expert testimony and cross-
examination (good and bad), questionnaires assessing verdict, child credibility,
confidence and evaluation of the expert witness.
There was no significant change in verdict or the assessment of child credibility at any stage of the
experiment. There was however a significant difference in confidence between the two cross-examination
conditions as well as the degree of confidence change from one point of testing to the next. Those in the
good cross-examination condition were more confident in their verdict
and the assessment of child credibility than those in the bad
performance condition. They also showed less decrease in
confidence following cross-examination.
The fact that cross-examination performance of an expert witness affects jurors’ confidence in
their verdict but not the verdict itself suggests that more research is required to examine this
effect. It is possible that this effect could be magnified in deliberating jurors, where individuals
might share their doubts with others, which could either strengthen or weaken them. These
and future findings could inform expert witnesses on how to prepare for CSA cases so that
the prosecution would be more likely to convict.
1. Brodsky, S.L., Neal, T.M., Cramer, R.J. & Ziemke, M.H. (2009). Credibility in the courtroom: How likeable
should an expert witness be? Journal of the American Academy of Psychiatry and the Law Online, 37(4), 525-
532.
2. Cramer, R.J., Brodsky, S.L. & DeCoster, J. (2009). Expert witness confidence and juror personality: Their
impact on credibility and persuasion in the courtroom. Journal of the American Academy of Psychiatry and the
Law Online, 37(1), 63-74.
3. Goodman-Delahunty, J., Cossins, A. & O’Brien, K. (2011). A comparison of expert evidence and judicial
directions to counter misconceptions in child sexual abuse trials. Australian & New Zealand Journal of
Criminology, 44(2), 196-217.
4. Kovera, M.B., Levy, R.J., Borgida, E. & Penrod, S.D. (1994). Expert testimony in child sexual abuse cases:
Effects of expert evidence type and cross-examination. Law and Human Behavior, 18(6), 653.
Time of testing Guilty Not guilty Credible Not credible
Before expert testimony 5 35 36 4
After expert testimony 2 38 38 2
After cross-examination 2 38 39 1
-2 -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5
verdict change 1
verdict change 2
child credibility change 1
child credibility change 2
bad cross-examination performance good cross-examination performance
0
1
2
3
4
5
6
7
8
verdict child credibility
before expert
testimony
after expert
testimony
after cross-
examination
0
1
2
3
4
5
6
7
8
verdict child credibility
before expert
testimony
after expert
testimony
after cross-
examination
Good cross- examination condition Bad cross- examination condition
Confidence scores
Change in confidence scores

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poster

  • 1. The Effects of the Cross-Examination Performance of Expert Witnesses on Jury Decision-Making in Cases of Child Sexual Abuse. Author: Magdalena Izabella Tokarczyk₁, Project Supervisor: Paul Summers₂ Contributors: Dr Debora Jeske₃, Roger Witts₄ and Rob Tucker₅ ₁,₂Department of Psychology, University of York, UK; ₃Department of Psychology, Northumbria University ; ₄ University of York; ₅ GT Training and Consultancy Ltd There have been many research studies into the effects of expert testimony on jury decision-making, ranging from characteristics of the expert witness such as likeability1 and confidence 2 to its usefulness in reducing misconceptions about CSA 3. To date, only one study has looked at the implications of cross-examining expert witnesses in cases involving CSA 4. The aim of the current study was to find out how the performance of expert witnesses under cross-examination can influence not only the jurors’ verdict but also their confidence in it as well as in the child victim credibility. Design :The study used a 2x3 mixed design. Independent factor: cross- examination (good and bad). Repeated measures factor: case evaluation (before and after expert evidence, after cross examination). Participants : 40 (15 male, 25 female), 20 participants in each cross- examination condition. Mostly students aged 18-46. Materials: written case summary, recordings of: expert testimony and cross- examination (good and bad), questionnaires assessing verdict, child credibility, confidence and evaluation of the expert witness. There was no significant change in verdict or the assessment of child credibility at any stage of the experiment. There was however a significant difference in confidence between the two cross-examination conditions as well as the degree of confidence change from one point of testing to the next. Those in the good cross-examination condition were more confident in their verdict and the assessment of child credibility than those in the bad performance condition. They also showed less decrease in confidence following cross-examination. The fact that cross-examination performance of an expert witness affects jurors’ confidence in their verdict but not the verdict itself suggests that more research is required to examine this effect. It is possible that this effect could be magnified in deliberating jurors, where individuals might share their doubts with others, which could either strengthen or weaken them. These and future findings could inform expert witnesses on how to prepare for CSA cases so that the prosecution would be more likely to convict. 1. Brodsky, S.L., Neal, T.M., Cramer, R.J. & Ziemke, M.H. (2009). Credibility in the courtroom: How likeable should an expert witness be? Journal of the American Academy of Psychiatry and the Law Online, 37(4), 525- 532. 2. Cramer, R.J., Brodsky, S.L. & DeCoster, J. (2009). Expert witness confidence and juror personality: Their impact on credibility and persuasion in the courtroom. Journal of the American Academy of Psychiatry and the Law Online, 37(1), 63-74. 3. Goodman-Delahunty, J., Cossins, A. & O’Brien, K. (2011). A comparison of expert evidence and judicial directions to counter misconceptions in child sexual abuse trials. Australian & New Zealand Journal of Criminology, 44(2), 196-217. 4. Kovera, M.B., Levy, R.J., Borgida, E. & Penrod, S.D. (1994). Expert testimony in child sexual abuse cases: Effects of expert evidence type and cross-examination. Law and Human Behavior, 18(6), 653. Time of testing Guilty Not guilty Credible Not credible Before expert testimony 5 35 36 4 After expert testimony 2 38 38 2 After cross-examination 2 38 39 1 -2 -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5 verdict change 1 verdict change 2 child credibility change 1 child credibility change 2 bad cross-examination performance good cross-examination performance 0 1 2 3 4 5 6 7 8 verdict child credibility before expert testimony after expert testimony after cross- examination 0 1 2 3 4 5 6 7 8 verdict child credibility before expert testimony after expert testimony after cross- examination Good cross- examination condition Bad cross- examination condition Confidence scores Change in confidence scores