January 2020 Bar Bulletin
Do Jurors Have Clear Vision at Trial?
Then-Stanford psychology graduate student Elizabeth Newton conducted a fascinating experiment more than a decade ago when she divided participants into groups she dubbed “tappers” and “listeners.” The tappers were asked to select from a list of well-known Americana songs and then tap the tune for the listener assigned to sit across from them. The tappers could not say or hum anything. All they could do was tap their finger.
The listener’s job was to guess what song was being tapped by the tapper. The tappers predicted that the listeners would guess the correct song 50 percent of...