Effects of Evidence Withholding and a Defendant'S Prior Record on Juridic Decisions

Abstract

Summary One hundred thirty-two male and female undergraduates served as jurors in a simulated trial in which defendants with varied legal histories (i.e., a previous conviction, a previous acquittal, or no record) either gave the appearance of withholding evidence while testifying or answered all questions in a straightforward manner. As expected, defendants who appeared to withhold evidence were judged more guilty, more deserving of conviction, and of poorer character than their counterparts who did not give the appearance of withholding evidence. However, the defendant's prior legal history did not affect jurors' decisions about the defendant's innocence or guilt. These findings suggest that the act of the withholding evidence in the courtroom is such a powerful piece of “extralegal” information that it may overwhelm any influence the defendant's prior legal history might otherwise have had.