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Evidence Fall 2022

OPTIONAL: The Impact Of Gruesome Photographs On Mock Jurors’ Emotional Responses And Decision Making In A Civil Case

Jessica M. Salerno & Hannah J. Phalen, The Impact Of Gruesome Photographs On Mock Jurors’ Emotional Responses And Decision Making In A Civil Case, 69 DePaul L. Rev. (2020)

Read this if you're interesting in learning more about the ways jurors' emotional reaction to grusesome photos can change the outcome of the case.

From the abstract:

Mock jurors read about a plaintiff who lost his leg in a car accident and was suing the manufacturer of the guardrail that severed his leg. They were randomly assigned to read verbal descriptions of the injury, or to read the description and see a gruesome image of the severed leg.

Mock jurors who saw the gruesome image (versus those who merely read about it) reported feeling more
disgust, which in turn led them to (a) agree more with other plaintiff evidence that was unrelated to the injury, and (b) agree less with other defense evidence that was unrelated to the injury. This biased assessment of other evidence, ultimately was related to a greater likelihood of choosing a liable verdict. The gruesome image did not affect damage awards.

This suggests a potentially prejudicial effect of viewing gruesome images: they might rouse disgust and motivation to skew jurors’ assessment of other evidence in the case to see someone held accountable for the injury