Gustavo Ribeiro (American University Washington College of Law) has posted Misinformation and the Jury on SSRN. Here is the abstract:
This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation – a pervasive issue undermining decision-making in democratic societies – mirrors the difficulties jurors encounter in distinguishing truth from falsehood amidst compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.
This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation – such as the illusory truth effect, motivated reasoning, and the continued influence of debunked claims. It is also the first to systematically examine empirically tested interventions, including debunking, prebunking, critical thinking education, and accuracy nudges, that have shown promise in combating misinformation in broader societal contexts.
Building on this foundation, this Article breaks new ground by applying insights from that research to improve jury decision-making. It proposes practical, jury-specific applications such as reason-based jury instructions, enhanced preliminary guidance, innovative teaching aids, and accuracy nudges, all aimed at increasing jurors' sensitivity to unreliable evidence. By integrating lessons from misinformation research, this Article offers a comprehensive framework for addressing jurors' cognitive vulnerabilities, thereby enhancing the accuracy and fairness of the jury system.