title: Symbolism in the Courtroom: An Examination of the Influence of Non-Verbal Cues in a District Court Setting on Juror Ability to Focus on the Evidence
Creators: name: Richardson, Christine Rosalie
Publisher: name: Griffith University
Year: 2007
Subjects: subject: Courtroom symbolism
subject: environmental uncertainty theory
subject: environmental arousal theory
subject: environmental load theory
subject: District Court settings

description: Described in this thesis is research that examined the influence of courtroom symbolism on jurors' ability to focus on the evidence presented in a criminal trial. This research is unique as participants were 'real' jurors who had, at the time of participation in the research, recently completed deliberations on a District Court trial. To date no other research has explored the interaction between symbolism in the courtroom and the juror experience. The broad research question examined in this research was: Do symbolic elements in the courtroom environment draw juror attention away from the evidence being presented?. Three theories drawn from environmental psychology were utilised in this research (i.e., environmental uncertainty theory, environmental arousal theory and environmental load theory). Additionally, Rapoport's (1983, 1990) theory, which was drawn from the architectural field of knowledge, was utilised. Rapoport's theory facilitated the measurement of symbolism in the form of environmental cues found in the courtroom. To address the broad research question, eight subordinate research questions were formulated those being: (1) Do trait anxiety and court related factors influence the amount of attention jurors pay to the elements of the courtroom environment?, (2) Do trait anxiety and court related factors influence the effect on jurors of the attention they paid to the elements of the courtroom environment?, (3) Do trait anxiety and court related factors influence the sense of stress or arousal in jurors?, (4) Is there an association between attention paid by jurors to the environmental cues found in the courtroom, their ability to perform their role as a juror and their sense of appreciation for the function of the law?, (5) Is there an association between attention paid by jurors to the environmental cues in the courtroom and a state of elevated stress?, (6) Does the amount of attention paid by jurors to environmental cues found in the courtroom diminish over time?, (7) Does the effect on jurors of the attention they paid to the environmental cues in the courtroom diminish over time? and, (8) Does the amount of stress jurors experience diminish over time?. The eight research questions were addressed in two studies. The first involved a survey of jurors who had completed deliberations in District Court trials in Brisbane and Cairns during the period 19th July, 2001 and 18th July, 2002 (N=192). This study examined the amount of attention jurors paid to four elements of the courtroom environment (i.e., the courtroom design, the appearance and behaviour of court officials, the appearance and behaviour of those associated with the offence and the task of being a juror). Also examined in this study was the influence on jurors of the attention they paid to the elements of the courtroom environment. Juror experience of state anxiety as measured by the State Trait Anxiety Inventory [STAI] (Spielberger, 1983) was also examined. Additionally, the influence of trait anxiety as measured by the STAI (Spielberger, 1983) and court related factors (i.e., location of trial, prior jury experience, nature of the offence and length of trial) on the juror experience was examined. Two time frames were examined (i.e., initial contact with the courtroom and midpoint of juror experience) which allowed the examination of the influence of time on the juror experience. Interviews with jurors who had completed the survey (N=19) comprised the second study. This study allowed jurors to describe their experience on a jury from a more personal perspective. The elements of the juror experience that distracted and reinforced their ability to focus on the evidence and facilitated a sense of appreciation for the function of the law were discussed. Also discussed were the elements of the juror experience that caused jurors to experience anxiety. Overall, the findings of this research indicated that although symbolism in the courtroom was linked to juror anxiety, this was positive and facilitated juror attention to the evidence and a sense of respect for the criminal justice system. That anxiety experienced by jurors facilitated their focus on the evidence is consistent with environmental arousal theory in that for optimum performance one must experience a certain level of arousal. Also confirmed by the findings of this research is environmental load theory, an element of which predicts that jurors will be task driven when experiencing environmental load. That these two theories are linked by an underlying construct is evidenced by the findings of this research. These findings open up possibilities for future theoretical research using environmental arousal theory and environmental load theory. The findings of this research also suggest that jurors found the symbolism in the courtroom environment distracting and that some elements of the juror experience were onerous and stressful. However, previous experience in the courtroom and lower trait anxiety moderated these factors. Consequently, consistent with the results of this research courts might benefit from implementing an orientation program for prospective jurors such that they are familiarised with the courtroom environment. Such a program would moderate any distress experienced by jurors. In the context of such adjustments by the courts, the influence of symbolism in the courtroom are considered beneficial to the juror experience and there is no need for the courts to alter the courtroom setting or robing practices of lawyers.