Appraisals and Reappraisals in the Courtroom

Abstract

This article provides a brief introduction to psychological emotion theories, particularly appraisal theory. According to appraisal theory emotions are combinations of a person's appraisal of the novelty, valence, certainty, goal conduciveness, causal agency, controllability, and morality of a situation. These dimensions correspond to elements of the stories attorneys attempt to create in arguing a case. Appraisal theory puts specific content into the vague concept of reappraisal, accounting for emotional changes that go beyond the changes in valence and intensity generally studied by law and emotions scholars.

Emotion and False Memory

“…Motivational or goal relevance approaches distinguish between pregoal and postgoal emotions and provide insight into the specific types of information likely to be remembered in different emotional states (e.g., Harmon-Jones, Price, & Gable, 2012;Kaplan, Van Damme, & Levine, 2012;Levine & Edelstein, 2009;Levine & Pizarro, 2004;Montagrin, Brosch, & Sander, 2013). According to appraisal theories (e.g., Ellsworth & Doughterty, 2016;Scherer, 1999), emotions are inherently tied to changes in the status of people's goals. People experience emotions when they perceive that goal attainment or failure is imminent or has occurred, making it necessary for them to modify their beliefs, plans, or goals.…”

Jurors’ emotional state, attentional focus, and judicial judgment in a criminal court

“…For instance, mock jurors experiencing a sad emotional state following emotional testimony more accurately identified inconsistencies in the testimony than mock jurors who were in a neutral emotional state, indicative of more systematic information processing (Semmler & Brewer, 2002). However, according to appraisal theory (Lerner & Tiedens, 2006;Ellsworth & Dougherty, 2016), different negative emotional states can have different effects on legal judgments.…”

Emotions in Late Modernity

“…Victims come with anger, sadness and memories of traumatic emotional experiences, while perpetrators feel anger, shame, guilt and remorse. All justice mechanisms give space to extremely negative emotions and distressing emotional experiences that are shared between members of antagonistic groups, and with legal professionals (Ellsworth & Dougherty 2016). What are the specific qualifications and limitations for sharing such emotions in courts and other legal fora?…”