A Trait–Affect Model of Understanding Perceptions of Expert Witness Testimony

Abstract

Previous literature has established the importance of understanding both expert witness characteristics associated with effective testimony, and individual differences in potential jurors that can influence perceptions of testimony. There seems to be a dearth of literature that considers personality and emotionality in this context, however. The present study merged these bodies of literature by proposing a trait-affect model conceptualized from Five-Factor Model personality and Need for Affect perspectives. Factor analytic procedures yielded the following three-factor trait–affect model: Emotional Intelligence, Emotion Dysregulation and Confidence. Structural equation model (SEM) analyses identified both the trait–affect factors of Emotion Dysregulation and Confidence, as well as ratings of expert witness credibility, as significant predictors of likelihood of recommending the death penalty. Contrary to expectation, expert credibility did not mediate the association of trait–affect factors on likelihood of assigning the death penalty. Implications for personality and affect theory, expert testimony, and future research are discussed.

Key words:

• credibility
• expert witness
• Five-Factor Model
• jurors
• Need for Affect

Acknowledgements

The authors are grateful to Brian Allen, Psy.D. for his valuable assistance with the manuscript. In addition, the authors thank Lisa Dovoedo for her assistance with data collection and data entry.

Notes

1. Witherspoon v. Illinois, 1968, was a Supreme Court case that determined that only those who are willing to assign the death penalty could serve as jurors in capital murder trials.

2. Complete information on all model parameter estimates are available from authors upon request.