Watch in slide show mode to observe (modest) animation.

1. Watch in slide show mode to observe (modest) animation.

2. Study Design • Sample • Vignette • Measures • Experimental Manipulation • 1,500 adults drawn from nationally representative on-line panel • Commonwealth v. Berkowitz: Alleged rape of female college student by male student acquaintance. Complainant says “no” repeatedly, but does not physically resist. Multiple subject to opposing interpretations based on competing “scripts” or templates. • Worldviews • Demographic characteristics • Fact Perceptions • Verdict • Alternative formulations of legal definition of rape: common law, “strict liability,” “reform,” “no means no”

3. Response frequencies, all conditions (N = 1,500) “Dave should be found guilty of rape.” Agree: 57% Disagree: 43%

4. from Dan M. Kahan, Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases, 158 Univ. Pa. L. Rev. 729 (2010).

5. Theory: Identity-protective cognition (cf. Alicke) • Existing research: “token resistance” script (see Mulholland et al.) • Prediction: Perception that “no means yes” is identity- • protective for hierarchs, particularly women, so they will favor conviction, regardless of legal formulation. Hypotheses: Who sees what & why?

6. Responses for subjects defined by gender, age, & cultural worldview “Dave should be found guilty of rape.” Pct. Agreeing

8. “Dave should be found guilty of rape.” Pct. Point Change in Likelihood of Agreeing Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law Female vs. Male Hierarch vs. Egalitarian South vs. Northeast Repub. vs. Democrat Conservative vs. Liberal White v. Black Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Egal. Female vs. Egal. Male 60 y.o. Egal. Fem. vs. 21 y.o. Egal. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

9. “Despite what she said or might have felt after, Lucy really did consent to sexual intercourse with Dave.” Pct. Point Change in Likelihood of Agreeing Female vs. Male Hierarch vs. Egalitarian Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Egal. Female vs. Egal. Male 60 y.o. Egal. Fem. vs. 21 y.o. Egal. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

10. “Dave should be found guilty of rape.” Pct. Point Change in Likelihood of Agreeing Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law Female vs. Male Hierarch vs. Egalitarian South vs. Northeast Repub. vs. Democrat Conservative vs. Liberal White v. Black Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Egal. Female vs. Egal. Male 60 y.o. Egal. Fem. vs. 21 y.o. Egal. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

11. “Dave should be found guilty of rape.” Pct. Point Change in Likelihood of Agreeing Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law Hierarch vs. Egalitarian Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

13. “Dave should be found guilty of rape.” Pct. Point Change in Likelihood of Agreeing Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law Hierarch vs. Egalitarian Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

14. “It would be unfair to convict Dave of a crime as serious as rape.” Pct. Point Change in Likelihood of Agreeing Female vs. Male • Hierarch vs. Egalitarian Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law

15. “Dave should be found guilty of rape.” Pct. Point Change in Likelihood of Agreeing Common Law vs. No Def. Strict Liab. vs. Common Law Reform vs. Common Law Hierarch vs. Egalitarian Hierarch Female vs. Hierarch Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male 60 y.o. Hier. Fem. vs. 21 y.o. Hier. Male Hierarch Male vs. Egal. Male Hierarch Female vs. Egal. Female

17. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

18. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

19. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

20. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

21. But maybe Berkeley would be closer to this if the simulation reflected the “venire” members’ cultural outlooks & not just their demographic characteristics. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

22. from Maggie Wittlin, Results of Deliberation, CCP Working Paper No. 67 (June 15, 2011)

23. What to make of all this? Theory debate: feminism vs. conventionalism Efficacy of law reform Social norms & law Alternatives to criminal law