Most jurors will be more inclined to reach a verdict favorable to one side if that side’s case is based primarily on eyewitness testimony rather than on physical evidence backed by expert scientific testimony. Surprisingly, studies involving jurors in mock trials have found that this tendency survives even for those jurors who understand that eyewitness testimony is generally less reliable than is physical evidence backed by expert testimony.
Reading the passage, we see that it presents a surprising situation: Jurors will be more inclined to reach a verdict favorable to one side if that side’s case is based primarily on eyewitness testimony rather than on physical evidence backed by expert scientific testimony even if the jurors understand that eyewitness testimony is generally less reliable than physical evidence backed by expert testimony.
Which of the following would, if true, most help to explain the surprising phenomenon described above?
This is a Paradox or Best Explains question, and the correct answer will help to explain the surprising situation. In other words, it will make it less surprising.
A. Jurors in mock trials usually spend less time deliberating and worrying about reaching the right verdict than do jurors in actual trials.
Notice that this choice shows how mock trials are DIFFERENT from actual trials.
In contrast, what we need to explain is, basically, why some jurors in mock trials do basically the SAME thing jurors in real trials do.
Bringing up a way in which the two types of trials are different would not explain why the jurors in the two types of trials do the same thing.
Eliminate.
B. Because expert testimony regarding physical evidence presented at trial is almost invariably given by witnesses testifying for one side or the other, many jurors regard such witnesses as biased.
This choice seems potentially correct.
After all, if this choice is true, then we may have a reason why jurors tend to be more inclined to reach a verdict favorable to one side if that side’s case is based primarily on eyewitness testimony rather than on physical evidence backed by expert scientific testimony. That reason would be that jurors tend to believe that expert witnesses are biased. So, they prefer eyewitness testimony.
Keep.
C. The credibility that a particular juror will assign to a particular eyewitness will be profoundly influenced by personal characteristics of the eyewitness including age, gender, occupation, and appearance.
This choice is incorrect because it explains the wrong thing.
We need a choice that explains why jurors favor eyewitness testimony over physical evidence backed by scientific testimony.
This choice explains why jurors trust some eyewitnesses more than others.
Eliminate.
D. Even jurors who understand that eyewitnesses tend to be less reliable than physical evidence incorrectly believe they are better than the average juror at telling when an eyewitness’s testimony is reliable.
This choice is interesting.
If jurors who understand that eyewitnesses tend to be less reliable than physical evidence incorrectly believe they are better than the average juror at telling when an eyewitness’s testimony is reliable, then, even though eyewitness testimony is, in general, less reliable than physical evidence, the jurors who understand that may still favor eyewitness testimony because they believe that they can discern which eyewitness testimony to rely on and therefore rely on some eyewitness testimony, the eyewitness testimony that they believe to be reliable, more than physical evidence.
So, this choice could explain why jurors who understand that eyewitness testimony is less reliable than physical evidence still favor the side that uses eyewitnesses.
Keep.
E. The more complex the physical evidence presented at trial is, the less it will influence the jurors in reaching their verdict.
This choice is incorrect because it provides the wrong information.
We need a choice that provides information on why jurors favor eyewitness testimony over physical evidence backed by scientific testimony.
This choice provides information on a characteristic of physical evidence that causes some physical evidence to influence jurors more than other physical evidence.
Eliminate.
So, we are left with (B) and (D), and initially, I thought that this question to be flawed with no clear correct answer.
However, looking more carefully, we can see the following reason why (D) is the better answer.
The surprising situation involves the following people:
jurors who understand that eyewitness testimony is generally less reliable than is physical evidence backed by expert testimony
Notice that they "understand that eyewitness testimony is generally less reliable than is physical evidence backed by expert testimony."
Now, let's consider what (B) says:
many jurors regard such witnesses (expert witnesses) as biased
So, (B) seems to mean that many people believe that expert testimony is less reliable than eyewitness testimony because expert testimony is biased.
Notice the issue with that. The people involved in the surprising situation DON'T BELIEVE THAT. The passage states as fact that they "understand that eyewitness testimony is generally less reliable than physical evidence backed by expert testimony."
So, regardless of how biased they or anyone else believes expert testimony to be, the jurors involved in the surprising situation still believe that physical evidence backed by expert testimony is more reliable than eyewitness testimony.
Thus, (B) cannot explain why these jurors favor eyewitness testimony because (B) does not change the fact that they understand that eyewitness testimony is less reliable.
In contrast, as we have seen in our above discussion of (D), (D) does explain why jurors favor the side that uses eyewitness testimony even though they understand that, in general, eyewitness testimony is less reliable than physical evidence backed by expert testimony.
So, we can choose (D) as the correct answer.
Correct answer: D