An exploration of mock juror experience during the deliberations of a defendant diagnosed with a personality disorder

Journal article


Wootton, S., Tkazky, S. and Bergstrom, H. 2024. An exploration of mock juror experience during the deliberations of a defendant diagnosed with a personality disorder. The Journal of Forensic Practice. 26 (1), pp. 73-86. https://doi.org/10.1108/JFP-10-2023-0046
AuthorsWootton, S., Tkazky, S. and Bergstrom, H.
Abstract

Purpose
The purpose of this study is to investigate how mock jurors’ experiences of deliberations are impacted by the defendant having a personality disorder.

Design/methodology/approach
This study used a qualitative approach to explore mock jurors’ experiences during the deliberations of a fictional defendant, Sarah Priest. Ten participants formed two mock juries, and each mock jury were given two case studies to deliberate. Case study one described Priest as having “Severe Personality Disorder, Borderline Pattern” whereas case study two described Priest as having “Complex Mental Health Problems”. There were no changes to the content of the case studies aside from the change in language used to describe the defendant.

Findings
An inductive thematic analysis identified two main themes relating to juror experience: “Interaction with Other Mock Jurors” and “Language as a Barrier to a Verdict”. Participants constructed that prosocial interactions with other mock jurors in the deliberations helped them make a verdict decision, but some of these interactions led to disagreements between participants due to a wide variation of opinion. Second, the different description of the defendant in each case study were constructed to have made the deliberations and decision-making difficult, but for different reasons. In case study one, a lack of knowledge surrounding BPD was the reason for this difficulty, and in case study two, participants thought that the applicability of diminished responsibility criteria were unclear, making it hard to reach a verdict.

Practical implications
The findings have key implications for the judicial system; common experiences can be identified and recorded to implement procedures to protect jurors from adverse experiences.

Originality/value
There is a lack of studies that have investigated juror experience in the UK, and the few studies available have used a quantitative methodology. The approach taken in the current study is, therefore, unique in a UK context. The findings have key implications for the judicial system; common experiences can be identified and recorded to implement procedures to protect jurors from adverse experiences.

KeywordsBorderline Personality Disorder; Jury deliberations; Juror experience; Mock jury study; Judicial system; UK sample
Year2024
JournalThe Journal of Forensic Practice
Journal citation26 (1), pp. 73-86
PublisherEmerald
ISSN2050-8794
Digital Object Identifier (DOI)https://doi.org/10.1108/JFP-10-2023-0046
Web address (URL)https://www.emerald.com/insight/content/doi/10.1108/JFP-10-2023-0046/full/html
Accepted author manuscript
License
File Access Level
Open
Output statusPublished
Publication dates
Online01 Mar 2024
Publication process dates
Accepted01 Feb 2024
Deposited27 Mar 2024
Permalink -

https://repository.derby.ac.uk/item/q5459/an-exploration-of-mock-juror-experience-during-the-deliberations-of-a-defendant-diagnosed-with-a-personality-disorder

Download files


Accepted author manuscript
Author accepted juror decision making.docx
License: CC BY-NC 4.0
File access level: Open

  • 3
    total views
  • 3
    total downloads
  • 2
    views this month
  • 2
    downloads this month

Export as

Related outputs

Childhood predictors of successful self-reported delinquents
Farrington, D. P., Bergstrom, H. and Jolliffe, D. 2023. Childhood predictors of successful self-reported delinquents. Psychology, Crime & Law. pp. 1-21. https://doi.org/10.1080/1068316X.2023.2228972
The Role of Female Rape Myth Acceptance, Homophobia Towards Gay Men, Age and Gender as Predictors of Male Rape Myth Acceptance
McIntyre, G. A. and Tkazky, S. 2023. The Role of Female Rape Myth Acceptance, Homophobia Towards Gay Men, Age and Gender as Predictors of Male Rape Myth Acceptance. Journal of Concurrent Disorders. pp. 1-19. https://doi.org/10.54127/GUGQ5238
Explanatory Risk Factors for Psychopathic Symptoms in Men and Women: Results from Generation 3 of the Cambridge Study in Delinquent Development
Farrington, D. P. and Bergstrom, H. 2023. Explanatory Risk Factors for Psychopathic Symptoms in Men and Women: Results from Generation 3 of the Cambridge Study in Delinquent Development. Journal of Developmental and Life-Course Criminology. https://doi.org/10.1007/s40865-023-00229-y
Being unwanted and other very early predictors of adult psychopathy
Zara, G., Bergstrom, H. and Farrington, D. P. 2023. Being unwanted and other very early predictors of adult psychopathy. Journal of Criminal Psychology.. pp. 1-15. https://doi.org/10.1108/JCP-01-2023-0002
Psychopathy, offending style and crime scene behaviour
Tkazky, S., Youngs, D. and Rowlands, D. 2021. Psychopathy, offending style and crime scene behaviour. in: Marques, P., Paulino, M. and Alho, L. (ed.) Psychopathy and Criminal Behaviour: Current Trends and Challenges London Elsevier. pp. 273-294
Sex difference in homicide: comparing male and female violent crimes in Korea
Sea, Jonghan, Youngs, Donna and Tkazky, Sophia 2017. Sex difference in homicide: comparing male and female violent crimes in Korea. International Journal of Offender Therapy and Comparative Criminology. 62 (11), pp. 3408-3435. https://doi.org/10.1177/0306624x17740555
Examining the association between childhood cognitive ability and psychopathic traits at age 48
Kavish, Nick, Bergstrom, H., Narvey, Chelsey, Piquero, Alex R., Farrington, David P. and Boutwell, Brian B. 2020. Examining the association between childhood cognitive ability and psychopathic traits at age 48. Personality Disorders: Theory, Research, and Treatment. https://doi.org/10.1037/per0000403
The sexual life of men with psychopathic traits
Zara, Georgia, Bergstrom, H. and Farrington, David P. 2020. The sexual life of men with psychopathic traits. Journal of Criminological Research, Policy and Practice. ahead-of-print (ahead-of-print). https://doi.org/10.1108/jcrpp-04-2020-0036
The longitudinal association between resting heart rate and psychopathic traits from a normative personality perspective
Kavish, Nicholas, Bergstrom, H., Piquero, Alex R., Farrington, David P. and Boutwell, Brian B. 2019. The longitudinal association between resting heart rate and psychopathic traits from a normative personality perspective. American Journal of Criminal Justice. https://doi.org/10.1007/s12103-019-09504-5
The usefulness of psychopathy in explaining and predicting violence: discussing the utility of competing perspectives.
Bergstrom, H., Larmour, Simon R. and Farrington, David P. 2018. The usefulness of psychopathy in explaining and predicting violence: discussing the utility of competing perspectives. Aggression and violent behavior. https://doi.org/10.1016/j.avb.2018.07.006
Punishment justifications in rape cases: a community study.
Bergstrom, H., Evjetun, Pål and Bendixen, Mons 2017. Punishment justifications in rape cases: a community study. Journal of Scandinavian Studies in Criminology and Crime Prevention. https://doi.org/10.1080/14043858.2017.1387451
Planning ahead? An exploratory study of South Korean Investigators' beliefs about their planning for investigative interviews of suspects.
Kim, Jihwan, Walsh, Dave, Bull, Ray and Bergstrom, H. 2017. Planning ahead? An exploratory study of South Korean Investigators' beliefs about their planning for investigative interviews of suspects. Journal of Police and Criminal Psychology. https://doi.org/10.1007/s11896-017-9243-z
Individual differences and rating errors in first impressions of psychopathy
Gillen, Christopher T. A., Bergstrom, H. and Forth, Adelle E. 2016. Individual differences and rating errors in first impressions of psychopathy. Evolutionary Psychology. https://doi.org/10.1177/1474704916674947
Behind the confession: Relating false confession, interrogative compliance, personality traits, and psychopathy
Larmour, Simon R., Bergstrom, H., Gillen, Christopher T. A. and Forth, Adelle E. 2014. Behind the confession: Relating false confession, interrogative compliance, personality traits, and psychopathy. Journal of Police and Criminal Psychology. https://doi.org/10.1007/s11896-014-9144-3