
Contents
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How Motivation Makes Jurors Susceptible to Emotion and Irrationality How Motivation Makes Jurors Susceptible to Emotion and Irrationality
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The Mechanics of Emotion and Decision-Making The Mechanics of Emotion and Decision-Making
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The 2017 Trial of Bill Cosby The 2017 Trial of Bill Cosby
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Cognitive-Emotional Experiences Cognitive-Emotional Experiences
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Affective Forecasting Affective Forecasting
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Affect as Cognitive Feedback Affect as Cognitive Feedback
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Appraisal Tendency Framework Appraisal Tendency Framework
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Considering the Cognitive-Emotional Experiences of the Cosby Jurors Considering the Cognitive-Emotional Experiences of the Cosby Jurors
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Emotion Independent of Cognition Emotion Independent of Cognition
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Affect as Information in Risk Assessment Affect as Information in Risk Assessment
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Social and Moral Judgment Social and Moral Judgment
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Considering the Noncognitive-Emotional Experiences of the Cosby Jurors Considering the Noncognitive-Emotional Experiences of the Cosby Jurors
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Emotion Regulation and Social Judgments Emotion Regulation and Social Judgments
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Conclusion Conclusion
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References References
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12 The Role of Emotion and Motivation in Jury Decision-Making
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Published:September 2018
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Abstract
Abstract: American law requires jurors to impartially evaluate information presented during trial to render a just verdict based primarily—if not solely—on relevant facts of the case. These expectations leave little room for emotion-driven subjective evaluations, fostering instead an expectation of juror objectivity, which serves as a foundation for a fair and just legal system. The legal community acknowledges the potentially deleterious effect that emotion can have on juror objectivity. Yet the response, which relies on procedural safeguards to prevent against affect infusion, is limited by a lack of understanding of the depth with which emotion directs information processing, motivates judgment, and ultimately drives decision-making. This chapter summarizes theories of emotion and decision-making, applies emotion research findings to a legal scenario to challenge the assumption of juror objectivity, and proposes a system that recognizes and accounts for the variety of ways affect impacts jury decision-making.
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