Wednesday, July 8, 2015

Group discussion (think juror deliberation) improves lie  detection

Originally published by Rita Handrich.

group_discussion-300x157Want to see a lively argument? Ask a couple of legal professionals if jurors can detect deception in witnesses or parties— and then slowly back away. It’s a hotly debated topic with some saying “jurors usually get it right” and others pointing to reams of research saying no one is a very good lie detector.

We’ve written about deception a lot here and you are likely aware that accuracy rates in detecting deception are only slightly greater than chance (even among trained professionals). But today’s research may change your mind. This is terrific news!

While individuals are never that great at figuring out when someone is lying—groups do better at figuring out deception. But if you are nodding and muttering “the wisdom of the crowd” under your breath—that isn’t why. Instead, it appears to be something about the actual process of group discussion that improves the accuracy of lie detection.

The researchers who carried out experiments described in the article featured here today say there are three reasons a group might detect deception better than individuals. They cite the “wisdom of crowds” effect; the “truth bias” (individuals are more trusting than groups and groups will more actively consider that anyone who is talking is being deceptive more often); and the idea that the very act of group discussion can offer additional information to increase accuracy in lie detection.

The researchers conducted a series of studies. They tested small lies (aka “white lies) and large-stakes or intentional lies. Experiments varied whether individuals or groups of people were determining whether lies were being told. In some experiments, participants made individual decisions about deception without discussion, and in others groups discussed and then made group decisions about deception. What the research found is simple (and cause for rejoicing unless your client is the liar).

Groups were better at detecting both small “white” lies as well as high-stakes or intentional lies.

Groups were not simply maximizing the “small amounts of accuracy contained among individual members” but, say the researchers, “were instead creating a unique type of accuracy altogether”.

From a litigation advocacy perspective, this research supports the “jurors usually get it right” perspective but it also tells us something very important: there is a certain magic in jury deliberations. Thus, it’s important you teach jurors how to deliberate so their work is efficient and effective. While the researchers featured here today don’t know just how the magic happens, it is clear the magic does happen during group discussion (aka jury deliberation). It is a compass pointing to Truth that is unavailable in bench trials, and arguably in arbitrations as well.

It’s also another vote for the jury system—a group listens and talks and intuits and proclaims (more accurately than any individual).

Klein N, & Epley N (2015). Group discussion improves lie detection. Proceedings of the National Academy of Sciences [PNAS], 112 (24), 7460-5 PMID: 26015581

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