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1. Predictors of Jurors’ Understanding of Evidence Strength

   McCowan, K. ( March 2020 , Annual Conference of the American Psychology-Law Society.)

   Abstract Expert testimony varies in scientific quality and jurors have a difficult time evaluating evidence quality (McAuliff et al., 2009). In the current study, we apply Fuzzy Trace Theory principles, examining whether visual and gist aids help jurors calibrate to the strength of scientific evidence. Additionally we were interested in the role of jurors’ individual differences in scientific reasoning skills in their understanding of case evidence. Contrary to our preregistered hypotheses, there was no effect of evidence condition or gist aid on evidence understanding. However, individual differences between jurors’ numeracy skills predicted evidence understanding. Summary Poor-quality expert evidence is sometimes admitted into court (Smithburn, 2004). Jurors’ calibration to evidence strength varies widely and is not robustly understood. For instance, previous research has established jurors lack understanding of the role of control groups, confounds, and sample sizes in scientific research (McAuliff, Kovera, & Nunez, 2009; Mill, Gray, & Mandel, 1994). Still others have found that jurors can distinguish weak from strong evidence when the evidence is presented alone, yet not when simultaneously presented with case details (Smith, Bull, & Holliday, 2011). This research highlights the need to present evidence to jurors in a way they can understand. Fuzzy Trace Theory purports that people encode information in exact, verbatim representations and through “gist” representations, which represent summary of meaning (Reyna & Brainerd, 1995). It is possible that the presenting complex scientific evidence to people with verbatim content or appealing to the gist, or bottom-line meaning of the information may influence juror understanding of that evidence. Application of Fuzzy Trace Theory in the medical field has shown that gist representations are beneficial for helping laypeople better understand risk and benefits of medical treatment (Brust-Renck, Reyna, Wilhelms, & Lazar, 2016). Yet, little research has applied Fuzzy Trace Theory to information comprehension and application within the context of a jury (c.f. Reyna et. al., 2015). Additionally, it is likely that jurors’ individual characteristics, such as scientific reasoning abilities and cognitive tendencies, influence their ability to understand and apply complex scientific information (Coutinho, 2006). Methods The purpose of this study was to examine how jurors calibrate to the strength of scientific information, and whether individual difference variables and gist aids inspired by Fuzzy Trace Theory help jurors better understand complicated science of differing quality. We used a 2 (quality of scientific evidence: high vs. low) x 2 (decision aid to improve calibration - gist information vs. no gist information), between-subjects design. All hypotheses were preregistered on the Open Science Framework. Jury-eligible community participants (430 jurors across 90 juries; Mage = 37.58, SD = 16.17, 58% female, 56.93% White). Each jury was randomly assigned to one of the four possible conditions. Participants were asked to individually fill out measures related to their scientific reasoning skills prior to watching a mock jury trial. The trial was about an armed bank robbery and consisted of various pieces of testimony and evidence (e.g. an eyewitness testimony, police lineup identification, and a sweatshirt found with the stolen bank money). The key piece of evidence was mitochondrial DNA (mtDNA) evidence collected from hair on a sweatshirt (materials from Hans et al., 2011). Two experts presented opposing opinions about the scientific evidence related to the mtDNA match estimate for the defendant’s identification. The quality and content of this mtDNA evidence differed based on the two conditions. The high quality evidence condition used a larger database than the low quality evidence to compare to the mtDNA sample and could exclude a larger percentage of people. In the decision aid condition, experts in the gist information group presented gist aid inspired visuals and examples to help explain the proportion of people that could not be excluded as a match. Those in the no gist information group were not given any aid to help them understand the mtDNA evidence presented. After viewing the trial, participants filled out a questionnaire on how well they understood the mtDNA evidence and their overall judgments of the case (e.g. verdict, witness credibility, scientific evidence strength). They filled this questionnaire out again after a 45-minute deliberation. Measures We measured Attitudes Toward Science (ATS) with indices of scientific promise and scientific reservations (Hans et al., 2011; originally developed by National Science Board, 2004; 2006). We used Drummond and Fischhoff’s (2015) Scientific Reasoning Scale (SRS) to measure scientific reasoning skills. Weller et al.’s (2012) Numeracy Scale (WNS) measured proficiency in reasoning with quantitative information. The NFC-Short Form (Cacioppo et al., 1984) measured need for cognition. We developed a 20-item multiple-choice comprehension test for the mtDNA scientific information in the cases (modeled on Hans et al., 2011, and McAuliff et al., 2009). Participants were shown 20 statements related to DNA evidence and asked whether these statements were True or False. The test was then scored out of 20 points. Results For this project, we measured calibration to the scientific evidence in a few different ways. We are building a full model with these various operationalizations to be presented at APLS, but focus only on one of the calibration DVs (i.e., objective understanding of the mtDNA evidence) in the current proposal. We conducted a general linear model with total score on the mtDNA understanding measure as the DV and quality of scientific evidence condition, decision aid condition, and the four individual difference measures (i.e., NFC, ATS, WNS, and SRS) as predictors. Contrary to our main hypotheses, neither evidence quality nor decision aid condition affected juror understanding. However, the individual difference variables did: we found significant main effects for Scientific Reasoning Skills, F(1, 427) = 16.03, p <.001, np2 = .04, Weller Numeracy Scale, F(1, 427) = 15.19, p <.001, np2 = .03, and Need for Cognition, F(1, 427) = 16.80, p <.001, np2 = .04, such that those who scored higher on these measures displayed better understanding of the scientific evidence. In addition there was a significant interaction of evidence quality condition and scores on the Weller’s Numeracy Scale, F(1, 427) = 4.10, p = .04, np2 = .01. Further results will be discussed. Discussion These data suggest jurors are not sensitive to differences in the quality of scientific mtDNA evidence, and also that our attempt at helping sensitize them with Fuzzy Trace Theory-inspired aids did not improve calibration. Individual scientific reasoning abilities and general cognition styles were better predictors of understanding this scientific information. These results suggest a need for further exploration of approaches to help jurors differentiate between high and low quality evidence. Note: The 3rd author was supported by an AP-LS AP Award for her role in this research. Learning Objective: Participants will be able to describe how individual differences in scientific reasoning skills help jurors understand complex scientific evidence. 

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2. The Effects of Gist Information and Scientific Quality on Damages in a Civil Trial

   Dellapaolera, K.S. ( March 2020 , Annual Conference of the American Psychology-Law Society.)

   Abstract: 100 words Jurors are increasingly exposed to scientific information in the courtroom. To determine whether providing jurors with gist information would assist in their ability to make well-informed decisions, the present experiment utilized a Fuzzy Trace Theory-inspired intervention and tested it against traditional legal safeguards (i.e., judge instructions) by varying the scientific quality of the evidence. The results indicate that jurors who viewed high quality evidence rated the scientific evidence significantly higher than those who viewed low quality evidence, but were unable to moderate the credibility of the expert witness and apply damages appropriately resulting in poor calibration. Summary: <1000 words Jurors and juries are increasingly exposed to scientific information in the courtroom and it remains unclear when they will base their decisions on a reasonable understanding of the relevant scientific information. Without such knowledge, the ability of jurors and juries to make well-informed decisions may be at risk, increasing chances of unjust outcomes (e.g., false convictions in criminal cases). Therefore, there is a critical need to understand conditions that affect jurors’ and juries’ sensitivity to the qualities of scientific information and to identify safeguards that can assist with scientific calibration in the courtroom. The current project addresses these issues with an ecologically valid experimental paradigm, making it possible to assess causal effects of evidence quality and safeguards as well as the role of a host of individual difference variables that may affect perceptions of testimony by scientific experts as well as liability in a civil case. Our main goal was to develop a simple, theoretically grounded tool to enable triers of fact (individual jurors) with a range of scientific reasoning abilities to appropriately weigh scientific evidence in court. We did so by testing a Fuzzy Trace Theory-inspired intervention in court, and testing it against traditional legal safeguards. Appropriate use of scientific evidence reflects good calibration – which we define as being influenced more by strong scientific information than by weak scientific information. Inappropriate use reflects poor calibration – defined as relative insensitivity to the strength of scientific information. Fuzzy Trace Theory (Reyna & Brainerd, 1995) predicts that techniques for improving calibration can come from presentation of easy-to-interpret, bottom-line “gist” of the information. Our central hypothesis was that laypeople’s appropriate use of scientific information would be moderated both by external situational conditions (e.g., quality of the scientific information itself, a decision aid designed to convey clearly the “gist” of the information) and individual differences among people (e.g., scientific reasoning skills, cognitive reflection tendencies, numeracy, need for cognition, attitudes toward and trust in science). Identifying factors that promote jurors’ appropriate understanding of and reliance on scientific information will contribute to general theories of reasoning based on scientific evidence, while also providing an evidence-based framework for improving the courts’ use of scientific information. All hypotheses were preregistered on the Open Science Framework. Method Participants completed six questionnaires (counterbalanced): Need for Cognition Scale (NCS; 18 items), Cognitive Reflection Test (CRT; 7 items), Abbreviated Numeracy Scale (ABS; 6 items), Scientific Reasoning Scale (SRS; 11 items), Trust in Science (TIS; 29 items), and Attitudes towards Science (ATS; 7 items). Participants then viewed a video depicting a civil trial in which the defendant sought damages from the plaintiff for injuries caused by a fall. The defendant (bar patron) alleged that the plaintiff (bartender) pushed him, causing him to fall and hit his head on the hard floor. Participants were informed at the outset that the defendant was liable; therefore, their task was to determine if the plaintiff should be compensated. Participants were randomly assigned to 1 of 6 experimental conditions: 2 (quality of scientific evidence: high vs. low) x 3 (safeguard to improve calibration: gist information, no-gist information [control], jury instructions). An expert witness (neuroscientist) hired by the court testified regarding the scientific strength of fMRI data (high [90 to 10 signal-to-noise ratio] vs. low [50 to 50 signal-to-noise ratio]) and gist or no-gist information both verbally (i.e., fairly high/about average) and visually (i.e., a graph). After viewing the video, participants were asked if they would like to award damages. If they indicated yes, they were asked to enter a dollar amount. Participants then completed the Positive and Negative Affect Schedule-Modified Short Form (PANAS-MSF; 16 items), expert Witness Credibility Scale (WCS; 20 items), Witness Credibility and Influence on damages for each witness, manipulation check questions, Understanding Scientific Testimony (UST; 10 items), and 3 additional measures were collected, but are beyond the scope of the current investigation. Finally, participants completed demographic questions, including questions about their scientific background and experience. The study was completed via Qualtrics, with participation from students (online vs. in-lab), MTurkers, and non-student community members. After removing those who failed attention check questions, 469 participants remained (243 men, 224 women, 2 did not specify gender) from a variety of racial and ethnic backgrounds (70.2% White, non-Hispanic). Results and Discussion There were three primary outcomes: quality of the scientific evidence, expert credibility (WCS), and damages. During initial analyses, each dependent variable was submitted to a separate 3 Gist Safeguard (safeguard, no safeguard, judge instructions) x 2 Scientific Quality (high, low) Analysis of Variance (ANOVA). Consistent with hypotheses, there was a significant main effect of scientific quality on strength of evidence, F(1, 463)=5.099, p=.024; participants who viewed the high quality evidence rated the scientific evidence significantly higher (M= 7.44) than those who viewed the low quality evidence (M=7.06). There were no significant main effects or interactions for witness credibility, indicating that the expert that provided scientific testimony was seen as equally credible regardless of scientific quality or gist safeguard. Finally, for damages, consistent with hypotheses, there was a marginally significant interaction between Gist Safeguard and Scientific Quality, F(2, 273)=2.916, p=.056. However, post hoc t-tests revealed significantly higher damages were awarded for low (M=11.50) versus high (M=10.51) scientific quality evidence F(1, 273)=3.955, p=.048 in the no gist with judge instructions safeguard condition, which was contrary to hypotheses. The data suggest that the judge instructions alone are reversing the pattern, though nonsignificant, those who received the no gist without judge instructions safeguard awarded higher damages in the high (M=11.34) versus low (M=10.84) scientific quality evidence conditions F(1, 273)=1.059, p=.30. Together, these provide promising initial results indicating that participants were able to effectively differentiate between high and low scientific quality of evidence, though inappropriately utilized the scientific evidence through their inability to discern expert credibility and apply damages, resulting in poor calibration. These results will provide the basis for more sophisticated analyses including higher order interactions with individual differences (e.g., need for cognition) as well as tests of mediation using path analyses. [References omitted but available by request] Learning Objective: Participants will be able to determine whether providing jurors with gist information would assist in their ability to award damages in a civil trial. 

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3. Social interaction in augmented reality

   https://doi.org/https://doi.org/10.1371/journal.pone.0216290  

   Miller, Mark Roman ; Jun, Hanseul ; Herrera, Fernanda ; Villa, Jacob Yu ; Welch, Greg ; Bailenson, Jeremy N. ( May 2019 , PloS one)

   There have been decades of research on the usability and educational value of augmented reality. However, less is known about how augmented reality affects social interactions. The current paper presents three studies that test the social psychological effects of augmented reality. Study 1 examined participants’ task performance in the presence of embodied agents and replicated the typical pattern of social facilitation and inhibition. Participants performed a simple task better, but a hard task worse, in the presence of an agent compared to when participants complete the tasks alone. Study 2 examined nonverbal behavior. Participants met an agent sitting in one of two chairs and were asked to choose one of the chairs to sit on. Participants wearing the headset never sat directly on the agent when given the choice of two seats, and while approaching, most of the participants chose the rotation direction to avoid turning their heads away from the agent. A separate group of participants chose a seat after removing the augmented reality headset, and the majority still avoided the seat previously occupied by the agent. Study 3 examined the social costs of using an augmented reality headset with others who are not using a headset. Participants talked in dyads, and augmented reality users reported less social connection to their partner compared to those not using augmented reality. Overall, these studies provide evidence suggesting that task performance, nonverbal behavior, and social connectedness are significantly affected by the presence or absence of virtual content. 

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4. Context dependency in risky decision making: Is there a description-experience gap?

   https://doi.org/10.1371/journal.pone.0245969  

   Park, Inkyung ; Windschitl, Paul D. ; Smith, Andrew R. ; Rule, Shanon ; Scherer, Aaron M. ; Stuart, Jillian O. ( February 2021 , PLOS ONE)

   Worthy, Darrell A. (Ed.)

   When making decisions involving risk, people may learn about the risk from descriptions or from experience. The description-experience gap refers to the difference in decision patterns driven by this discrepancy in learning format. Across two experiments, we investigated whether learning from description versus experience differentially affects the direction and the magnitude of a context effect in risky decision making. In Study 1 and 2, a computerized game called the Decisions about Risk Task (DART) was used to measure people’s risk-taking tendencies toward hazard stimuli that exploded probabilistically. The rate at which a context hazard caused harm was manipulated, while the rate at which a focal hazard caused harm was held constant. The format by which this information was learned was also manipulated; it was learned primarily by experience or by description. The results revealed that participants’ behavior toward the focal hazard varied depending on what they had learned about the context hazard. Specifically, there were contrast effects in which participants were more likely to choose a risky behavior toward the focal hazard when the harm rate posed by the context hazard was high rather than low. Critically, these contrast effects were of similar strength irrespective of whether the risk information was learned from experience or description. Participants’ verbal assessments of risk likelihood also showed contrast effects, irrespective of learning format. Although risk information about a context hazard in DART does nothing to affect the objective expected value of risky versus safe behaviors toward focal hazards, it did affect participants’ perceptions and behaviors—regardless of whether the information was learned from description or experience. Our findings suggest that context has a broad-based role in how people assess and make decisions about hazards. 

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5. Selection of and Response to Physical Activity–Based Social Comparisons in a Digital Environment: Series of Daily Assessment Studies

   https://doi.org/10.2196/41239  

   Arigo, Danielle ; Gray, Robert C ; Dallal, Diane H ; Villareale, Jennifer ; Zhu, Jichen ( January 2023 , JMIR Human Factors)

   Innovative approaches are needed to understand barriers to and facilitators of physical activity among insufficiently active adults. Although social comparison processes (ie, self-evaluations relative to others) are often used to motivate physical activity in digital environments, user preferences and responses to comparison information are poorly understood.

   We used an iterative approach to better understand users’ selection of comparison targets, how they interacted with their selected targets, and how they responded to these targets.

   Across 3 studies, different samples of insufficiently active college students used the Fitbit system (Fitbit LLC) to track their steps per day as well as a separate, adaptive web platform each day for 7 to 9 days (N=112). The adaptive platform was designed with different layouts for each study; each allowed participants to select their preferred comparison target from various sets of options, view the desired amount of information about their selected target, and rate their physical activity motivation before and after viewing information about their selected target. Targets were presented as achieving physical activity at various levels below and above their own, which were accessed via the Fitbit system each day. We examined the types of comparison target selections, time spent viewing and number of elements viewed for each type of target, and day-level associations between comparison selections and physical activity outcomes (motivation and behavior).

   Study 1 (n=5) demonstrated that the new web platform could be used as intended and that participants’ interactions with the platform (ie, the type of target selected, the time spent viewing the selected target’s profile, and the number of profile elements viewed) varied across the days. Studies 2 (n=53) and 3 (n=54) replicated these findings; in both studies, age was positively associated with time spent viewing the selected target’s profile and the number of profile elements viewed. Across all studies, upward targets (who had more steps per day than the participant) were selected more often than downward targets (who had fewer steps per day than the participant), although only a subset of either type of target selection was associated with benefits for physical activity motivation or behavior.

   Capturing physical activity–based social comparison preferences is feasible in an adaptive digital environment, and day-to-day differences in preferences for social comparison targets are associated with day-to-day changes in physical activity motivation and behavior. Findings show that participants only sometimes focus on the comparison opportunities that support their physical activity motivation or behavior, which helps explain previous, equivocal findings regarding the benefits of physical activity–based comparisons. Additional investigation of day-level determinants of comparison selections and responses is needed to fully understand how best to harness comparison processes in digital tools to promote physical activity.

    

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