Trial consultants who are members of the ASTC must abide by the professional code of conducts. The ASTC professional codes include ethical principles, professional standards, and practice guidelines (ASTC, 2016). According to these codes trial consultants must work for only one side of the case, follow the existing research practices, methodologies, and statistical method, and strive to provide pro bono services when possible (Andrews, 2005).
Using trial consulting has raised some controversial concerns since it brings up the question of fairness in trial. Although trial consulting was born in the aftermath of antiwar protests when criminal …show more content…
Furthermore, by selecting the jury and influencing their minds, the constitutional right to an impartial jury will be violated. However, the ability of scientific jury selection to influence the verdict is still being argued by some (Strier, 1999). A study by Stolle, Robbennolt, and Wiener (1996) suggested that the perception of trial fairness was dependent on balance, such that when both sides had a consultant or neither side had a consultant the trial procedure was seen as fair.
Research Review
A Confidence-Credibility Model of Expert Witness Persuasion In this study, Cramer, Decoster, Harris, Fletcher, and Brodsky (2011) propose that the extent of the persuasion power of expert witness is related to how credible and confident they appear. In other words, credibility and confidence of the expert witness influences their power of persuasion. …show more content…
To simplify, witness credibility significantly impacts sentencing outcomes and the more the witness seems confident in presenting their testimony, the more credible they seem, which seems to significantly influence the sentencing outcome. Furthermore, according to Cramer et.al (2011) these outcomes suggest that the link between confidence and credibility may be context-dependent and that it adds to the existing knowledge that behaviorally manipulated confidence influences credibility. This can help with witness preparation for testimony delivery skills. But they also note that the target behavior and ideal level of confidence appear to vary by type of case, such that in insanity defense cases and expert testimony on future violence risk, medium confidence behavior are deemed to be more persuasive than the high confidence (Cramer et.al). They also acknowledge that their study lacks external validity due to the fact that group deliberation was not conducted and the testimony was delivered via videotape. Also