For many years trial consultants and lawyers have talked about how a trial should be structured to take into account primacy and recency effects. In its simplest form (and it really isn't much more complicated than its simplest form), primacy and recency theory predicts people will remember information best that occurs at the beginning and end of communications, and will be more likely to forget what is in the middle. This idea has been used to argue that openings and closings are the most important parts of the trial; that the beginning and end of a witness's testimony will be best remembered; that lawyers should save important points for the start and the end of a trial day; and so on. While these ideas may make intuitive sense, the fact is that there is no real empirical evidence to support them (at least based on the concepts of the primacy and recency effects). …show more content…
[1957] Primacy-recency in impression formation (pp.33-40, 50-61) in C. Hovland [Ed.] The Order of Presentation in Persuasion. New Haven, Conn. Yale University). They were based on a series of experiments in which subjects read lists of words and immediately reported back what words they remembered. There has been an enormous amount of follow-up work over the years, and the experiments have generally had two features: They a) use word lists and b) measure recall within a very short time after the subject has been exposed to
Prosecutors normally meet witnesses at a relatively early stage in the proceedings to discuss special measures and related issues. The witness’s overall subjective experience of participating in criminal proceedings might thereby be enhanced.
Everyone has primacy effects to the person that he or she first meets, maybe base on the dressing, behaviors, even hair style. People always want to give others a good first impression, especially searching for a job or having an interview, because sometimes it is hard to change the formed first impression, and this first impression may decide whether they can have jobs or not. However, the absolute thing does not exist in the world. A bias named recency effect comes out. Recency effect is something may leads people to change the first impression. Perhaps just a casually action, or an accumulated over a long period hard working, the first impression will be changed. For example, Cady has a not bad impression on Regina, for Regina is really beautiful and cute, like a Barbie doll. But everything changes after Regina seduces Aaron, who is the boy Cady really loves. The first impression is ruined, Cady becomes hating Regina, and wants to revenge
In his closing argument for OJ Simpson’s criminal trial, Johnnie Cochran successfully argues for Simpson’s innocence. Repetition, appeals to audience emotion, and the use of scenarios to appeal to logic are all rhetorical devices which Cochran skillfully uses in order to create an argument that is strong and convincing to the courtroom. These devices help him shape his argument tactically in a manner and order that successfully defends OJ Simpson in the trial.
because it expresses, to a degree, the arguments of both sides of the courtroom and provides
How first impressions are formed has been a subject of interest by many researchers in the area of psychology.
During the trial, all evidence from both the prosecution and the defense is brought forward, and witnesses are brought in to testify in front of the judge or jury. This is when the prosecuting attorney pleads his case of guilt and the defense attorney casts doubt on the prosecution’s case, while proving the innocence of their client. Each trial has a set routine that it mostly adheres to. It starts with each attorney giving their opening statements, moving on to the presenting their cases while
In court trials, there are many things that are at play. One big example is how lawyers can change a jury’s point of view of something, while only saying a couple of words. These ways are logos, pathos, and ethos. A great example is in the book, How to Kill a Mockingbird, the trial of Tom Robinson. He was accused of raping Mayella Ewell, and his lawyer and opposing lawyer use these rhetorical devices to weigh the jury’s mind.
The assumption that the ultimate decision should rely with the juries as an objective approach should be reviewed. The U.S. Constitution should modify the power of the jury and also reconsider the process of a case going to trial. Cases should not take years in order to come to a conclusion on the ruling, in this matter juries need to stress the urgency of finalizing the case. Judges must not stand by and allow the prosecutor and defendant to debate for hours in front of a jury that decides the ultimate decision. Juries must act as the commentator of law in the court ruling for the
Some Jurors will reach a quick verdict or not properly think over the evidence just to get it over and done with so they can go home.
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their
The awareness of these major differences in perception is very beneficial. This leaves both parties suddenly aware of what led to the dispute at hand. A careful consideration of the different positions, important issues, and alternate perceptions can give everyone an understanding of how difficult it is for a judge and/or jury to come to a fair conclusion. Who is right? Who is telling the truth? Who can prove their claims with proof?
This data is very similar to the study done by Huang, Tomasini, and Nikel (1977), where there was roughly a 50% difference between words presented in the beginning of the list and those presented later. The current study most resembled this study, as they both had to do with sequential positioning of words on a list, and short-term memory recall. The other two studies, performed by Asch (1946) and Furnam (1986), are harder to compare to the current study because they differ in setup, and give results in a different format. However, both studies confirmed the primacy effect theory, similarly to the current study.
Nisbett and Timothy DeCamp Wilson (1977) in efforts to add supporting evidence to an ideal similar to the Halo Effect. They staged two interviews with participants where the interview in both was a man that had a distinct accent (Nisbett & Wilson,1977). The interviewer in one group was as charming as he could be in his “appearance and mannerisms and accent” (Nisbett & Wilson, 1977). In the other, he was instructed to basically act more strict and harsh to the subjects. The resulting difference in ratings of the interviewer’s personality and other factors by the participants spoke to how people immediately judge someone based on how they presented themselves through multiple characteristics.
To reinforce the reading assignment, “Leadership and Human Behavior” first impressions do affect our behavior. (Leadership & Human Behavior. 2011) The affect on human behavior and first impressions is directly affected by the Maslow’s Hierarchy of Needs. (Maslow. 1970) Dependant on how many of your basic needs have been met directly affects your first impression. For example, in the first story, “John is an Extrovert”, my first impression of John was that he was an outgoing employee, happy with his job and had many friends. This type of person would be great for your company and would be able to
Additionally this cognitive processing may inhibit the ingratiation technique if the targets need for cognition (NFC) is high. Studies have shown that participants high in NFC were generally unaffected by the persuaders likeability. This is argued to be a consequence of their engagement with more extensive