66 Brook. L. Rev. 991 (2000-2001)
Emotions in Jurors' Decisions

handle is hein.journals/brklr66 and id is 1001 raw text is: ARTICLES
Reid Hastie
Most conceptions of the juror's decision assume that
the process is primarily cognitive, even rational in character.
Descriptive  psychological theories   all focus   on  cognitive
information processing functions and none of the currently
popular models include an explicit account of the role of
sentiments, moods, emotions, and passions in the process.
Normative theories also assert that legal decisions
should be predominantly rational. For example, the Advisory
Committee's note on Federal Rule of Evidence 403 comments
that one consideration in deciding whether to exclude evidence
should be to avoid unfair prejudice, defined as an undue
tendency to suggest decision on an improper basis, commonly,
though not necessarily, an emotional one.'
There is an apparent contradiction between the
conception of the ideal juror as a logical reasoning machine and
also as a source of community attitudes, sentiments, and moral
precepts. Robert Solomon noted this discrepancy when he
commented that [tihe idea that justice requires emotional
detachment, a kind of purity suited ultimately to angels, ideal
@2001 Reid Hastie. All Rights Reserved.
t Professor of Psychology and Director of the Center for Research on
Judgment and Policy, University of Colorado. Funding for the empirical studies
described in this paper was provided by the National Science Foundation (most
recently from Grant No. SBR 9816458). The author would like to thank Nancy
Pennington, Peter Tillers, Phoebe Ellsworth, and the participants in the Brooklyn Law
School Interdisciplinary Conference on The Jury in the Twenty-First Century for much
useful advice on the subject of this paper. Of course, the contents of the paper should
be attributed only to the author.
FED. R. EVID., 403, Advisory Note.

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