Tuesday, December 20, 2011

The Compliant Juror: Part III

In Part I of this series, I described an experiment in which a subject was willing to apply lethal electric shocks to a fellow human simply because the subject was instructed to do so by the person conducting the experiment.

In Part II of this series, I explained that the subject's response to authority was not unique, that two-thirds of the subjects in that particular experiment refused to disobey the authority figure even when instructed to apply what the subjects believed to be potentially deadly shocks.

I challenged to you, the readers, to decide whether you would have disobeyed the authority figure. I suggested that our natural reluctance to defy authority might explain the behavior of compliant juries. I promised to buttress that suggestion in a separate post. I'll attempt to do so now.

Stanley Milgram conducted 18 variations of the experiment I described. Many of the variants might be instructive to anyone attempting to understand jury behavior. I'll limit myself at the moment to Experiment 18. In that experiment, an additional confederate was introduced. I call him the Executioner, since he was the person who executed the sentence. He was the one who would apply the shock should the Learner fail to properly answer the question posed by the actual subject, the Teacher. The Teacher now had only to read the questions, announce whether the Learner responded correctly or incorrectly, and announce the shock level that was to be applied if the answer was incorrect.

The Teacher was the only subject in the experiment. The Experimenter, the Learner, and now the Executioner all understood that the Learner was not being shocked, that the experiment had to do with response to authority rather than the effect of negative feedback on learning.

Clearly, a juror's role is more similar to the subject in Experiment 18 than to the subject in Experiment 5, discussed previously.
The juror will not escort the convicted defendant from the courtroom. 
The juror will not impose the sentence. Except in capital murder cases, jurors usually are not allowed to know beforehand what the possible or likely sentence would be. Sentencing normally takes place after the jurors are dismissed. The jurors frequently never know the consequence of their decision. 
In capital murder cases, the jurors will not administer the lethal injection.
Experiment 18 was designed to study the impact of separating the subject from the final punishment. Here's how Milgram described that variation.
To examine this phenomenon within the laboratory, a variation was carried out in which the act of shocking the victim was removed from the naive subject and placed in the hand of another participant (a confederate). The naive subject performs the subsidiary acts which, through contributing to the over-all progress of the experiment, remove him from the actual act of depressing the lever on the shock generator. ... 
Any competent manager of a destructive bureaucratic system can arrange his personnel so that only the most callous and obtuse are directly involved in the violence. The greater part of the personnel can consist of men and women who, by virtue of their distance from the actual acts of brutality, will feel doubly absolved from responsibility. First, legitimate authority has given full warrant for their actions. Second, they have not themselves committed brutal physical acts.
For comparison, recall that 26 of 40 subjects in Experiment 5 refused to defy authority; 26 of 40 subjects actually applied (or thought they applied) 450 volts to a person who had long since gone quiet after screaming in pain and after complaining of heart problems. The subjects did so only because they were told by a person in a lab coat that such shocks were necessary to complete a word comparison test.

In Experiment 18, 37 of 40 subjects continued to participate in the test to the very end. They continued to read the questions, to announce whether the answers were right or wrong, and continued to identify the level of shock that was to be applied. They did everything except throw the switch.

The only difference between Experiment 5 and Experiment 18 was who threw the switch. If the real test subject, the Teacher, had to throw the switch, the obedience rate was 65%. If the real test subject did not have to throw the switch, the obedience rate was 92.5%.

Assuming you believed you would have defied the Experimenter if participating in Experiment 5, do you believe you would have defied the Experimenter if participating in Experimenter 18? Would you have been among the 7.5% who did not, or are you simply suffering from Lake Wobegon syndrome?

If I discomfort you near Christmas (or Hanukkah or Kwanzaa or Festivus for the rest of us), consider it a cautionary gift. Alternatively, consider me the Gingrich who stole Christmas.

Thursday, December 15, 2011

The Compliant Juror: Part II

In my previous post I described an experiment in which a subject, the Teacher, repeatedly applied a seemingly lethal electric shock to a person, the Learner, who was pleading to be set free. The Teacher administered the shocks only because the Learner failed to properly match a pair of words previously recited from a list. Even though the Teacher was concerned that the shocks may have caused the Learner to suffer a heart attack, the Teacher continued to administer the shocks simply because the Experimenter dispassionately insisted that the experiment must continue.
The experiment was one of a series of 19 similar experiments conducted in the early 1960s by Stanley Milgram and documented in his book Obedience to Authority. The experiment, as you may suspect, really had nothing to do with the effect of negative reinforcement on learning. The experiment had to do with people's response to authority.
The matching word test was but a ruse, a plausible excuse for asking a subject to apply a shock to another person.
The Learner was an actor, always the same actor. He never received any shock. He only acted as if he had. The drawing of lots to determine who would be the Teacher and who would be the Learner was rigged. The Learner / Actor provided the same verbal responses to each of the 40 subjects tested in this particular experiment. The Learner's responses varied only based on the voltage, as explained below:
75 volts: Ugh! 
90 volts: Ugh! 
105 volts: Ugh! (louder) 
120 volts: Ugh! Hey, this really hurts. 
135 volts: Ugh!! 
150 volts: Ugh!!! Experimenter! That's all. Get me out of here. I told you I had heart trouble. My heart's starting to bother me now. Get me out of here, please. My heart's starting to bother me. I refuse to go on. Let me out. 
165 volts: Ugh! Let me out! (shouting) 
180 volts: Ugh! I can't stand the pain. Let me out of here! (shouting) 
195 volts: Ugh! Let me out of here. Let me out of here. My heart's bothering me. Let me out of here. You have no right to keep me here! Let me out! Let me out of here! Let me out. Let me out of here! My heart's bothering me. Let me out! Let me out! 
210 volts: Ugh!!! Experimenter! Get me out of here. I've had enough. I won't be in the experiment any more. 
225 volts: Ugh! 
240 volts: Ugh! 
255 volts: Ugh! Get me out of here. 
270 volts: (Agonized scream.) Let me out of here. Let me out of here. Let me out of here. Let me out. Do you hear? Let me out of here. 
285 volts: (Agonized scream.) 
300 volts: (Agonized scream.) I absolutely refuse to answer any more. Get me out of here. You can't hold me here. Get me out. Get me out of here. 
315 volts: (Intensely agonized scream.) I told you I refuse to answer. I'm no longer part of this experiment. 
330 volts: (Intense and prolonged agonized scream.) Let me out of here. Let me out of here. My heart's bothering me. Let me out, I tell you. (Hysterically) Let me out of here. Let me out of here. You have no right to hold me here. Let me out! Let me out! Let me out of here! Let me out! Let me out!
Beyond 330 volts, the Learner / Actor gave no response. He left the impression he was unconscious, possibly dead.
At the end of the last post, I asked you whether you would have administered the potentially lethal shocks. I suspect you each told yourself that you would never do such a thing. I then asked you if you were sure. I suspect most or all of you were positive you would never do such a thing.
I suggest now that two-thirds of you were wrong. I base my never-to-be-tested prediction based on the results of Milgram's experiments.
As part of his study, Milgram (or his associates) briefed 39 psychiatrists, 31 college students, and 40 middle-class adults about the nature of his experiments. Without revealing the results, he asked the 110 people the maximum level of shock they would have provided. The responses varied only slightly among the groups. The average maximum shock level predicted by the respondents was 135 volts. Only 8 people believed they would have applied more than 200 volts. No one believed they would have applied any shock higher than 300 volts.
Milgram's experiments indicate two-thirds of those people were wrong. Twenty-six of the forty subjects in the specific experiment described applied 450 volts. Milgram described these 26 people as obedient. Under Milgram's rigid standard, even the person that applied 375 volts but refused to apply more was classified as disobedient to authority.
Perhaps I'm applying too much significance to Milgram's experiments. Perhaps his subjects did not represent a reasonable cross section of humanity. Milgram anticipated my concern and addressed the issue in his book.
Moreover, when the experiments were repeated in Princeton, Munich, Rome, South Africa, and Australia, each using somewhat different methods of recruitment and subject populations having characteristics different from those of our subjects, the level of obedience was invariably somewhat higher than found in the investigation reported in this book. Thus Mantell, in Munich, found 85 percent of his subjects obedient.
Since he published his book, his experiments have continued to be replicated. From Wikipedia, I offer the following:
Another partial replication of the Milgram experiment was conducted by Jerry M. Burger in 2006 and broadcast on the Primetime series Basic Instincts. Burger noted that, "current standards for the ethical treatment of participants clearly place Milgram’s studies out of bounds." In 2009 Burger was able to receive approval from the institutional review board by modifying several of the experimental protocols. Burger found obedience rates virtually identical to what Milgram found in 1961–1962, even while meeting current ethical regulations of informing participants. In addition, half the replication participants were female, and their rate of obedience was virtually identical to that of the male participants. Burger also included a condition in which participants first saw another participant refuse to continue. However, participants in this condition obeyed at the same rate as participants in the base condition. [65% obedience]
The experiment was again repeated as part of the BBC documentary How Violent Are You? first shown in May 2009 as part of the long running Horizon series. Of the 12 participants, only 3 refused to continue to the end of the experiment. [75% obedience] 
In the 2010 French documentary, Le Jeu de la Mort (The Game of Death), researchers recreated the Milgram experiment with an added critique of reality television by presenting the scenario as a game show pilot. Volunteers were given €40 and told they would not win any money from the game, as this was only a trial. Only 16 of 80 "contestants" (teachers) chose to end the game before delivering the highest voltage punishment. [80% obedience]
Perhaps all of you who now consider whether or not you would have obeyed are among the statistical few who would disobey authority, just as all the children in Lake Wobegon are above average. More likely, most of you simply suffer from the standard human condition known as Illusory Superiority. Once again from Wikipedia:
Illusory superiority is a cognitive bias that causes people to overestimate their positive qualities and abilities and to underestimate their negative qualities, relative to others. This is evident in a variety of areas including intelligence, performance on tasks or tests, and the possession of desirable characteristics or personality traits. It is one of many positive illusions relating to the self, and is a phenomenon studied in social psychology. 
Illusory superiority is often referred to as the above average effect. Other terms include superiority bias, leniency error, sense of relative superiority, the primus inter pares effect, and the Lake Wobegon effect (named after Garrison Keillor's fictional town where "all the children are above average").
Hopefully, you find this discussion regarding blind obedience to authority to be both disturbing and humbling.
In my next post, I will attempt to extend this discussion more directly to juries. Comments are now open and welcome.