Gruesome evidence affects unconsciously

SYDNEY, Nov. 20 (UPI) -- Gruesome information in the form of pictures or descriptions appears to influence jurors' decisions toward a conviction, researchers in Australia found.

University of New South Wales doctoral student David Bright said the results suggest that the prejudicial influence of gruesome evidence on decision making occurs at an unconscious level.

"Jurors appear to be unaware of the extent to which they are susceptible to prejudice as a result of exposure to this type of evidence," Bright said in a statement. "Established safeguards, such as judicial directions that jurors should view such evidence in a calm and deliberate manner probably don't offer sufficient protection to defendants."

Bright and Jane Goodman-Delahunty, of the University of New South Wales, reviewed cases that considered the potential prejudicial impact of gruesome evidence, such as postmortem photographs and found Australian trial and appellate judges are reluctant to exclude such material.

Horrific details are unlikely to be excluded from evidence so long as they have high "probative value" -- evidence that proves or disproves a controverted fact in a case, Bright said.