It is not a problem to have unreliable evidence come in if juries in fact recognize its unreliability.
I’m skeptical. After all, the anchoring effect isn’t weakened by being reminded that it exists. It seems that anything the jury sees will influence their decision, and they will likely be unable to discount its influence appropriately to account for its unreliability (especially if its emotionally charged).
I’ve always been uneasy when the judge on some court TV drama sustains an objection or asks that something be stricken from the record, as if that means it’s stricken from the minds of the jury so it won’t influence their decision. We have good reason to believe that that’s impossible—the jury’s brains have been primed with a piece of argumentation that the judge has recognized is unadmissible. It’s too late. At least, it has always seemed that way to me. What does the legal literature say about this?
I’m skeptical. After all, the anchoring effect isn’t weakened by being reminded that it exists. It seems that anything the jury sees will influence their decision, and they will likely be unable to discount its influence appropriately to account for its unreliability (especially if its emotionally charged).
I’ve always been uneasy when the judge on some court TV drama sustains an objection or asks that something be stricken from the record, as if that means it’s stricken from the minds of the jury so it won’t influence their decision. We have good reason to believe that that’s impossible—the jury’s brains have been primed with a piece of argumentation that the judge has recognized is unadmissible. It’s too late. At least, it has always seemed that way to me. What does the legal literature say about this?