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Criminal Juries in the 21st CenturyPsychological Science and the Law$
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Cynthia Najdowski and Margaret Stevenson

Print publication date: 2018

Print ISBN-13: 9780190658113

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780190658113.001.0001

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The Psychology of Surveillance and Sousveillance Video Evidence

The Psychology of Surveillance and Sousveillance Video Evidence

(p.173) 9 The Psychology of Surveillance and Sousveillance Video Evidence
Criminal Juries in the 21st Century

Neal R. Feigenson

Christina O. Spiesel

Oxford University Press

This chapter reviews the psychological research that indicates why jurors are likely to find video evidence in general to be reliable, probative, and persuasive but also why their perceptions and interpretations of this evidence are prone to being biased by many factors of which they tend to remain largely unaware. These include jurors’ prior attitudes and beliefs, their current motivations, the visual and verbal contextualizations of the video at trial, and their emotional responses to the video. The chapter then examines surveillance and sousveillance video technology and discusses jurors’ potential responses to videos of high-profile police shootings. It concludes by arguing that jurors’ responses to video evidence may change over the course of the trial as that evidence is presented repeatedly and under different conditions, recommending potential trial reforms to assist jurors as they evaluate video evidence, and suggesting further research to explore this issue.

Keywords:   visual evidence, video, surveillance, sousveillance, jurors, visual perception, emotion

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