Mock Juror Perceptions of Witness Inattentional Blindness

Abstract

It is possible that eyewitnesses may not notice crimes when focused on something else due to “inattentional blindness” (IB). However, it is unclear how witnesses who experience IB will be perceived by jurors, and what factors may influence these perceptions. In study 1, mock jurors read a transcript of an assault crime, in which one witness noticed the assault and another witness did not (i.e. experienced IB). It was found that the witness who experienced IB was perceived as less credible than the witness who saw the crime. In study 2, the same trial was manipulated, such that the witnesses were either civilians or police officers, the witness who experienced IB was familiar with the defendant or not, and an expert witness provided testimony on IB or not. It was again found that the witness who experienced IB was perceived as less credible compared to the witness who saw the crime. Participants’ beliefs about IB differed depending on the presence of an expert, witness role, and witness familiarity with the defendant, but these beliefs did not translate to how the IB witness was perceived. The findings highlight the negative legal implications that may arise when witnesses (particularly civilians) experience IB for a crime.