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Demain article published in 'George Mason Law Review'


January 30, 2009

Professor Linda Demaine, director of the Law and Psychology Graduate Program at the Sandra Day O'Connor College of Law, has written an article, "In Search of an Anti-Elephant: Confronting the Human Inability to Forget Inadmissible Evidence," in the fall issue of the George Mason Law Review. 

Demaine, an Affiliated Professor of Psychology and a Faculty Fellow at the Center for the Study of Law, Science, & Technology, challenges (based on empirical psychological data) the assumption that jurors can really "forget" or "disregard" prejudicial evidence that is presented but then stricken by the judge.

But recognizing that not all cases raising this issue should be reversed for new trials, Demaine proposes a different response to the problem based on an instruction concerning "neutralization," rather than "forgetting." She argues that her alternative is more likely, as a psychological matter, to result in a non-prejudicial trial.

Demaine's research interests include the empirical analysis of law, legal procedure, and legal decision making, the application of legal and psychological perspectives to social issues, ethical, legal, and social issues deriving from advances in technology, and information campaigns and persuasion.

You can find the article here: http://www.law.gmu.edu/gmulawreview/issues/5305.

Judy Nichols, Judith.Nichols@asu.edu
(480) 727-7895
Sandra Day O’Connor College of Law