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Brian Bornstein

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Brian Bornstein
Occupation(s)Researcher; Educator
Academic background
EducationUniversity of Pennsylvania (M.A, PhD); University of Nebraska-Lincoln (MLS); Duke University (B.A)
Academic work
DisciplineLaw-Psychology
InstitutionsArizona State University; University of North Carolina-Chapel Hill

Brian Bornstein is a psychological scientist who focuses on law-psychology, specifically how juries make their decisions and the reliability of eyewitness memory.[1][2] He is a professor at Arizona State University, Professor Emeritus at the University of Nebraska-Lincoln, and Adjunct Professor at the University of North Carolina-Chapel Hill.[1][2] Bornstein has published over 200 articles, books, and book chapters.[1]

Education

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Bornstein received his B.A in Psychology at Duke University in 1985.[1] Afterwards, he spent a year in Munich, Germany where he was a Fulbright scholar.[1] He obtained his M.A. in Psychology (1987) and his PhD in Psychology (1991) from the University of Pennsylvania.[1][2] Under the supervision of Jonathan Baron, Bornstein completed his dissertation entitled The Effect of Sympathy on Attributions of Liability: Legal and Bayesian Perspectives.[3] In his dissertation, he studied how sympathy, pertaining to either the plaintiff or defendant, influences a jury's judgment and decision-making.[3] He completed his dissertation with the support of a National Science Foundation grant of $1,028,683.[4] Afterward, he continued his education by earning his MLS in Legal Studies from the University of Nebraska-Lincoln in 2001. [1][2]

Career and research

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Bornstein previously held faculty positions at Bucknell University and Louisiana State University.[1] In 2000, he began working at the University of Nebraska-Lincoln (UNL). From 2015 to 2017, Bornstein was the Director of the Law-Psychology program at UNL and then retired from the university in 2019.[2] UNL named Bornstein Professor Emeritus of Psychology along with Courtesy Professor of Law.[2] He joined as a professor at Arizona State University in 2019 and is also an Adjunct Professor at North Carolina-Chapel Hill in the Department of Psychology and Neuroscience.[1] Bornstein, as well, holds the position of Principal Investigator for the Law and Science Dissertation Grant at Arizona State University.[5] He is the Program Director for the Law and Social Sciences Program at the National Science Foundation.[5][6]

Throughout his career, Bornstein has published over 180 articles and participated in publishing 21 books.[1] He focuses his research on eyewitness memory and on ways that juries make their decisions.[1][2] Reflective of his research on juries, Bornstein has examined how expert scientific testimony influences jury verdicts.[7] He found there is a profound effect on judgment when the expert testimony is central to a case.[7] Juries were also found to find anecdotal evidence more credible than non-anecdotal evidence.[7] In working with Matthew P. West, Emily F. Wood, and Monica K. Muller, Bornstein examined how immigrant status and ethnicity related to a jury's decision.[8] The researchers found that juries are more likely to make punitive decisions due to a defendant's immigration status and ethnicity.[8]

Bornstein also collaborated with Lesley M. Liebel and Nikki C. Scarberry to understand how repeated testing and negative emotions impact eyewitness memory.[9] They discovered that in witnessing a negative emotional event, individuals recall less information preceding the event but could recall more information from the event itself. Repeated testing can also increase recall for individuals in negative emotional and non-negative emotional events.[9] Thus, Bornstein and his co-researchers suggest that requiring a witness to repeatedly retrieve information from their memory of a crime can prove as beneficial as a witness retrieving neutral information from memory.[9] From this research, Bornstein and his co-researchers brought to light useful means of retrieving information from witnesses.[9]

Grants

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Over his career, Bornstein has received more than $3 million in funding to aid in conducting research.[5] As Principal Investigator for the Law and Science Dissertation Grant Program, he has received $1,467,437 in total awarded amount from the National Science Foundation.[10] Also from the National Science Foundation, Bornstein has received other grants for projects such as Doctoral Dissertation Research: Religious Appeals in Closing Arguments ($10,394) and LSS Postdoctoral Fellowship: Trust and Confidence ($210,118).[11][12]

Awards

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Bornstein and his co-author, Edie Greene, were awarded the American Psychology-Law Society Book Award in 2019 for their book The Jury Under Fire: Myth, Controversy and Reform.[13] This award was renamed the Lawrence S. Wrightsman Book Award the same year.[13] The book examined different myths and beliefs associated with juries and how this may affect jury reform.[14] In one chapter of the book entitled Jurors Can Distinguish Accurate from Inaccurate Eyewitness, Bornstein and Greene explained how many jurors' beliefs are biased however judges believe juries can determine the difference between accurate and inaccurate eyewitness testimonies.[15] Also by the American Psychology-Law Society, he received the Outstanding Teaching and Mentoring Award in 2011.[16]

Editorial work

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As an editor, Bornstein has participated in a couple of editorial works. With Monica Miller, he has worked on the editorial series Advances in Psychology & Law which currently has 5 volumes.[17] This series makes the connections between psychology and law through many different studies produced by researchers.[17] Bornstein has also participated in being an editor for Beliefs and Expectancies in Legal Decision Making with Bradley D. McAuliff.[18] This editorial work looks at many different studies that examine the beliefs and expectancies that are associated with the legal system.[18] Additionally, Bornstein has the editorial series Emotion and the Law: Psychology Perspectives Bornstein worked on with Richard Wiener.[19] This series consists of the work of researchers who evaluated the interaction of emotion and affective states with patterns of conduct in the legal system.[19]

Former students

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While being a professor, Bornstein has worked with and supervised numerous students who have many accomplishments. He worked with Samantha Schwartz who was the American Psychology-Law Society's first-place Dissertation Award Winner in 2010.[20] Samantha graduated from the University of Nebraska-Lincoln in 2010 and now works as a Senior Jury Consultant at Magna Legal Services.[21][22] Another student of Bornstein was Cynthia Calkins Mercado who graduated from the University of Nebraska-Lincoln in 2003.[22][23] Mercado is a licensed clinical forensic psychologist and an Associate Professor of Psychology at John Jay College of Criminal Justice.[23] During his time as a professor at Louisiana State University, Bornstein supervised Robert Nemeth who graduated in 2003.[22] After graduating, Nemeth continued working with Bornstein and other researchers as they published Juror Reactions to Jury Duty: Perceptions of the System and Potential Stressors.[24][25] Nemeth is now an Associate Professor of Psychology at the University of Wisconsin-Stevens Point.[24]

Books

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  • Bornstein, B. H. & Neuschatz, J. (2019). Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment. Oxford University Press.[26]
  • Bornstein, B. H. (2017). Popular Myths about Memory: Media Representations versus Scientific Evidence. Lexington Books.[27]
  • Bornstein, B. H. & Greene, E. (2017). The Jury Under Fire: Myth, Controversy, and Reform. Oxford University Press.[28]

References

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  1. ^ a b c d e f g h i j k "Brian Bornstein | ASU Search". search.asu.edu. Retrieved 2024-09-23.
  2. ^ a b c d e f g "Brian Bornstein | Department of Psychology". psychology.unl.edu. Retrieved 2024-09-23.
  3. ^ a b Bornstein, Brian (1991). "The Effect of Sympathy on Attributions of Liability: Legal and Bayesian Perspectives". University of Pennsylvania ProQuest Dissertations & Theses.
  4. ^ "NSF Award Search: Award # 8809299 - Coping with Risk: The Role of Insurance, Compensation and Protective Behavior". www.nsf.gov. Retrieved 2024-09-29.
  5. ^ a b c "Our People | New College of Interdisciplinary Arts and Sciences". newcollege.asu.edu. Retrieved 2024-10-14.
  6. ^ "Law & Social Sciences (LSS) | NSF - National Science Foundation". new.nsf.gov. 2018-11-01. Retrieved 2024-10-14.
  7. ^ a b c Bornstein, Brian H. (December 2004). "The impact of different types of expert scientific testimony on mock jurors' liability verdicts". Psychology, Crime & Law. 10 (4): 429–446. doi:10.1080/1068316030001629292. ISSN 1068-316X.
  8. ^ a b West, Matthew P.; Wood, Emily F.; Miller, Monica K.; Bornstein, Brian H. (September 2021). "How mock jurors' cognitive processing and defendants' immigrant status and ethnicity relate to decisions in capital trials". Journal of Experimental Criminology. 17 (3): 423–432. doi:10.1007/s11292-020-09411-4. ISSN 1573-3750.
  9. ^ a b c d Bornstein, Brian H.; Liebel, Lesley M.; Scarberry, Nikki C. (April 1998). "Repeated testing in eyewitness memory: a means to improve recall of a negative emotional event". Applied Cognitive Psychology. 12 (2): 119–131. doi:10.1002/(SICI)1099-0720(199804)12:2<119::AID-ACP500>3.0.CO;2-4. ISSN 0888-4080.
  10. ^ "NSF Award Search: Award # 2016661 - Law and Science Dissertation Grant Program". www.nsf.gov. Retrieved 2024-10-15.
  11. ^ "NSF Award Search: Award # 0351811 - Doctoral Dissertation Research: Religious Appeals in Closing Arguments". www.nsf.gov. Retrieved 2024-10-15.
  12. ^ "NSF Award Search: Award # 1228559 - LSS Postdoctoral Fellowship: Trust and Confidence". www.nsf.gov. Retrieved 2024-10-15.
  13. ^ a b "The American Psychology-Law Society - Lawrence S. Wrightsman Book Award". ap-ls.org. 2024-02-24. Retrieved 2024-10-15.
  14. ^ Bornstein, Brian H.; Greene, Edie (2017-02-15). The Jury Under Fire: Myth, Controversy, and Reform. Oxford University Press. ISBN 978-0-19-020135-7.
  15. ^ Bornstein, Brian H.; Greene, Edie (2017-02-15). The Jury Under Fire: Myth, Controversy, and Reform. Oxford University Press. doi:10.1093/acprof:oso/9780190201340.003.0005. ISBN 978-0-19-020134-0.
  16. ^ "The American Psychology-Law Society - Outstanding Teaching and Mentoring in the Field of Psychology and Law". ap-ls.org. 2024-02-24. Retrieved 2024-10-15.
  17. ^ a b "Advances in Psychology and Law". Springer. Retrieved 2024-10-16.
  18. ^ a b McAuliff, Bradley D.; Bornstein, Brian H. (2020-12-18). Beliefs and Expectancies in Legal Decision Making. Taylor & Francis Group. ISBN 978-0-367-73990-4.
  19. ^ a b Bornstein, Brian H.; Wiener, Richard L. (2009-10-20). Emotion and the Law: Psychological Perspectives. Springer Science & Business Media. ISBN 978-1-4419-0696-0.
  20. ^ "The American Psychology-Law Society - Dissertation Awards". ap-ls.org. 2024-04-08. Retrieved 2024-10-17.
  21. ^ "Samantha Schwartz". Magna Legal Services.
  22. ^ a b c "Neurotree - Brian H. Bornstein". neurotree.org. Retrieved 2024-10-17.
  23. ^ a b "Cynthia Calkins | John Jay College of Criminal Justice". www.jjay.cuny.edu. Retrieved 2024-10-17.
  24. ^ a b "Robert Nemeth". University of Wisconsin-Stevens Point. Retrieved 2024-10-17.
  25. ^ Bornstein, Brian H.; Miller, Monica K.; Nemeth, Robert J.; Page, Gregory L.; Musil, Sarah (June 21, 2005). "Juror reactions to jury duty: perceptions of the system and potential stressors". Behavioral Sciences & the Law. 23 (3): 321–346. doi:10.1002/bsl.635. ISSN 0735-3936.
  26. ^ Bornstein, Brian H.; Neuschatz, Jeffrey (November 2019). Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment. Oxford University Press. ISBN 978-0-19-069634-4.
  27. ^ Bornstein, Brian H. (2017-07-03). Popular Myths about Memory: Media Representations versus Scientific Evidence. Lexington Books. ISBN 978-0-7391-9219-1.
  28. ^ Bornstein, Brian H.; Greene, Edie (2017). The Jury Under Fire: Myth, Controversy, and Reform. Oxford University Press. ISBN 978-0-19-020134-0.
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