Negative Emotions Felt During Trial: the Effect of Fear,Anger, and Sadness on Juror Decision Making

During trial, jurors may experience a variety of emotions, many of which are negative. The current study examined the effects the negative emotions anger, fear, and sadness had on jurors' sentencing decisions and explored whether the cognitive appraisal theory or the intuitive prosecutor model could explain these effects. Jurors viewed the sentencing phase of a capital murder trial and were asked to sentence the defendant. Results indicated that after viewing the trial, jurors reported increased anger and sadness, but not fear. However, only change in anger affected jurors' sentences. Jurors who reported a greater change in anger were more likely to sentence the defendant to death. This effect was mediated by the level of importance that jurors placed on the prosecution's evidence and argument. Consistent with the intuitive prosecutor model, increased anger led to higher ratings of the importance of the aggravating evidence and an increase in death sentences. Implications are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

Information Integration Theory,Juror Bias,and Sentence Recommendations Captured Over Time in a Capital Trial

Initial juror verdicts have been shown to predict final verdicts, leading researchers to conclude that jurors seek confirmatory information during trial (confirmation bias) or distort information to fit pre‐existing biases (pre‐decisional distortion). However, Information Integration Theory suggests that individuals are not distorting/ignoring this information, and instead, information influences judgments in the direction of the message. The current study sought to test these competing theories in a juror setting. Mock jurors were presented with the sentencing phase of a capital trial and were asked to give sentence recommendations at eight different time points. Additionally, they were grouped by their pretrial bias as being pro‐defense, neutral, or pro‐prosecution. Results showed support for Information Integration Theory; although jurors' pretrial bias predicted final sentence, sentence recommendations were affected in the direction of the testimony presented throughout the trial (e.g., pro‐defense testimony lowered death penalty decisions across all groups). Implications and future directions are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

Capital punishment in Missouri: Examining the issue of racial disparity

Guided discretion statutes were designed to control arbitrariness and discrimination in capital sentencing. Using data from Supplemental Homicide Reports and Trial Judge Reports, this article examines the issue of racial disparity in Missouri's capital punishment process from 1977 through 1991. Findings from the three decision points examined suggest racial bias against the killers of whites, particularly if the offender is black, and a concomitant devaluation of black victims. The strongest effects noted are in the prosecutor's decision to charge homicide offenders with capital murder and to proceed to penalty trial in convicted capital murder cases. While the effects are not necessarily limited to the least aggravated categories, the effects of race are strongest when prosecutors and jurors are freed from the seriousness of the cases to consider other factors. The racial disparities are also apparent in mid-range cases up until the sentencing stage. However, disparities occurring earlier in the process are not rectified during sentencing. In fact, in the least aggravated cases, racial disparities are magnified at the sentencing stage.     

Social decision making mediates the association between anger and externalising problems in Chinese adolescents

The goal of this study was to test the mediating effect of social decision making in the relations of anger and anger control to externalising and internalising problems. A sample of 174 Chinese adolescents (mean age = 15.36 years) completed self‐reports of trait anger, anger control, externalising problems, internalising problems and social decision making, which was operationalized as situational judgement reflecting an individual's ability to interact effectively with parents, teachers and peers. Findings indicated that adolescents' trait anger and anger control were positively related to both externalising and internalising problems. In addition, path analysis revealed that social decision making mediated the relationship between trait anger, anger control and externalising problems. Findings on the mediating effect will be discussed by referencing appraisal tendency theory and response evaluation and decision.     

Jurors' Decisions in Trials of Battered Women Who Kill: The Role of Prior Beliefs and Expert Testimony1

The present research explored the influence of four factors on mock jurors' decisions in a homicide trial involving a battered woman who killed her abusive husband: (a) jurors' preexisting beliefs about wife abuse, (b) the presence of expert testimony on the battered woman syndrome, (c) jurors' beliefs in a just world, and (d) gender. Mock jurors listened to a trial involving a woman who had killed her abuser, which either contained expert testimony or did not, and then rendered various judgments about the case. Results indicated that those individuals who were more informed about the dynamics of abuse and those exposed to the expert testimony, compared to their respective counterparts, were more believing of the battered woman's account of what occurred. In general, weak believers in a just world were more lenient in their judgments, with verdicts of not guilty being associated with weaker beliefs in a just world than guilty verdicts. Weak believers in a just world also felt that the expert testimony applied more to the defendant than did strong believers. Finally, women who were weak believers in a just world were less likely to hold the defendant responsible for the events and to be more informed about the dynamics of abuse following the experiment.     

Sentencing severity with mock jurors: Predictive validity of three variable categories

Previous studies have identified three categories of variables which influence decisions of mock jurors: type of crime, defendant characteristics, and personal characteristics of jurors. This study manipulated the following variables towards the ends of assessing their influence on mock jurors' sentencing severity: premeditated vs. unpremeditated murder, black vs. white defendant, low SES vs. high SES defendant. Only defendant SES predicted sentencing severity: low SES defendants were assigned significantly longer sentences than high SES defendants. None of the measures of juror characteristics correlated with sentencing severity. Failure to replicate significant relationships with most of these variables and sentencing severity suggest that results of studies which manipulate only one variable dimension may overestimate the influence of these variable dimensions in mock jurors' decisions.     

How Video Image Size Interacts with Evidence Strength,Defendant Emotion,and the Defendant–Victim Relationship to Alter Perceptions of the Defendant

Courtroom video presentations can range from images on small screens installed in the jury box to images on courtroom video monitors or projection screens. Does video image size affect jurors' perceptions of information presented during trials? To investigate this we manipulated video image size as well as defendant emotion level presented during testimony (low, moderate), the defendant–victim relationship (spouses, strangers), and the strength of the evidence (weak, strong). Participants (N = 263) read a case and trial summary, watched video of defendant testimony, and then answered a questionnaire. Larger screens generally accentuated what was presented (e.g., made stronger evidence seem stronger and weaker evidence seem weaker), acting mainly upon trial outcome variables (e.g., verdict). Non‐trial outcomes (e.g., defendant credibility) were generally affected by defendant emotion level and the defendant–victim relationship. Researchers and attorneys presenting video images need to recognize that respondents may evaluate videotaped trial evidence differently as a function of how video evidence is presented. Copyright © 2014 John Wiley & Sons, Ltd.     

The Social Psychology of Jury Nullification: Predicting When Jurors Disobey the Law1

The United States judiciary assumes jurors obey the law as it is charged to them in the trial judge's instructions. This paper contends that jurors' comprehension of the law results from an active intelligence which makes available alternative decision rules giving rise to the power of juries to nullify instructions. To study the compliance assumption, we presented to mock jurors pattern jury instructions along with summaries of testimonies from a rape trial. Four times during the trial we administered to participants measures of their attributions of defendant responsibility, judgments about the legal elements of the case, and verdicts. Multiple regressions conducted with data from separate subsamples and with separate questionnaire administrations revealed that a) verdicts were based on attributions independent of the jury instructions, b) individual differences in life experiences predicted the degree to which decision makers used their attributions, and c) the more practiced participants were at applying the jury instructions the more heavily they weighed their own attributions and less heavily the judgments required by the law. We concluded that comprehension alone cannot predict the likelihood that jurors will comply with the law. Therefore, the assumption that jurors follow the law needs to be more carefully considered.     

Reducing racial bias in the penalty phase of capital trials

Past research (e.g. Lynch & Haney, 2000) has shown that race plays a significant role in juror decision making in the penalty phase of capital murder trials. This study investigates the possibility of reducing juror bias towards Blacks by altering the content of jury instructions. White and non-White participants received trial information and jury instructions in which the defendant's race (Black or White) and the instruction type (standard or simplified) were manipulated. Participants rendered a sentence recommendation, identified factors they considered to be aggravating or mitigating, and responded to instruction comprehension questions. Bias against the Black defendant was significantly reduced when simplified instructions were used and when the defendant was judged by racially diverse jurors. Simplification also led to better comprehension of sentencing instructions. Implications for capital trials are discussed.     

Sentencing Under Uncertainty: Anchoring Effects in the Courtroom1

Research on juridical decision making has demonstrated that largely disparate sentences are often given for identical crimes. This may be the case because judges' sentencing decisions are influenced by a recommended or demanded sentence. Building on research on judgmental anchoring (Tversky & Kahneman, 1974), the present investigation examines whether a sentencing demand has a direct influence on a given sentence. Using criminal trial judges as participants, Study 1 demonstrates that such a direct influence does, in fact, exist. Sentencing decisions are assimilated to the sentence demanded by the prosecutor. Study 2 further reveals that this influence is independent of the perceived relevance of the sentencing demand. Study 3 demonstrates that this influence is also independent of judges' experience.     

Victim Impact Testimony and Juror Judgments: The Effects of Harm Information and Witness Demeanor1

Victim impact testimony (i.e., testimony concerning the harmful consequences on the victim's surviving family) was examined to determine its effect on the sentencing judgments of mock jurors. Undergraduate students (N= 293) watched a videotaped murder trial simulation, rendered verdicts, and made sentencing judgments. During the penalty phase of the trial, participants were either given no victim impact testimony, or they were given victim impact testimony that varied both the severity of the harm information (mild harm/ severe harm) and the demeanor of the witness (low affect/high affect). The results indicate that information concerning the harm experienced by the victim's relatives, not the affective demeanor of the witness, influenced sentencing judgments. Implications for the U.S. Supreme Court decision in Payne v. Tennessee (1991) are discussed.     

Mock juror's perceptions of a child witness passing or failing a truth and lies discussion or promising to tell the truth

This study examined the effect of a child passing or failing the UK truth and lies discussion (TLD) compared with the Canadian promise to tell the truth on mock jurors' decisions regarding witness credibility and truthfulness and defendant guilt. Ninety-two participants read a vignette that described a child witnessing his father physically attacking his mother. The vignette was manipulated for witness age (age 4 years and age 8 years) and TLD performance/promise. Supporting the hypotheses, participants rated the witness's credibility and truthfulness significantly higher after a witness passed a TLD and after promising to tell the truth. The age of the child witness did not significantly affect jurors' decision making. The results are discussed in relation to arguments regarding the abolition of the UK's TLD in favour of introducing a promise to tell the truth.     

The effect of the psychopathy checklist – revised in capital cases: Mock jurors' responses to the label of psychopathy

Despite mixed empirical evidence regarding the ability of the Psychopathy Checklist – Revised (PCL‐R) to predict violence among incarcerated inmates, it continues to be used to address such questions, even in the context of capital cases. The purpose of this study was to examine if the PCL‐R has a prejudicial effect on mock jury members during the sentencing phase of a capital murder trial. Results indicated that participants were more likely to sentence the defendant to death when the defendant exhibited a high likelihood to commit future violence, whether or not the diagnostic label “psychopath” was present. Interestingly, when asked to rate the defendant's likelihood for future violence and murder, the defendant who was a high risk for future violence and not labeled a psychopath received the highest rating. These results suggest an absence of juror bias as it pertains to the label “psychopath” when sentencing a defendant in a capital murder case. Copyright © 2010 John Wiley & Sons, Ltd.     

A qualitative investigation of mock-jurors' theories of emotion and reason

Mock-juries' deliberations of murder/manslaughter verdicts were videotaped and analysed. It was found that jurors' deliberations incorporated their theories of emotion and of the relationship between emotion and reason. Although there was agreement among jurors that emotions can overwhelm persons' rational faculties, there was disagreement between jurors voting for murder and for manslaughter as to the relationship of emotion and reason. Jurors voting for murder suggested emotion and reason are interdependent and that persons can simultaneously act from emotion as well as reason, whereas jurors voting for manslaughter suggested the two are independent and that they cannot operate simultaneously. The import of jurors' folk concepts of emotion and reason to the legal system, as well as to our understanding of emotions themselves, is discussed.     

The link between anger and admiration toward governmental actions and self-reported preventive behaviour in the context of the COVID-19 pandemic

In the context of the COVID-19 pandemic, across six correlational studies in four different countries (total N = 4937), we examined the link between citizens' anger with and admiration for the government's actions and decisions (i.e., system-based anger and admiration) and engagement in preventive behaviour. The internal meta-analyses showed that individuals who admired the government's actions were more likely to adopt personal hygiene and social distancing behaviour. Yet, the link between emotions and preventive behaviour differed concerning the target of emotions, especially for anger. Specifically, anger about restrictions imposed by the government was negatively related to preventive behaviours, but this relationship was not significant when the target of anger was the government's overall handling of the pandemic. Our findings emphasise the importance of citizens' emotions and the targets of those emotions during the crisis.     

Effects of trait anger and anger expression style on competitive attack responses in a wartime prisoner’s dilemma game

We assessed the role of trait anger and anger expression style on competitive/aggressive decision making and responding. In a 100‐trial iterated Prisoner’s Dilemma (IPD), with instructions to simulate wartime interactions, competition/aggression was defined as “attacking the opponent,” and “waiting for troop reinforcements” was the noncompetitive alternative response. Prior to play, 92 university student players completed the State‐Trait Anger Expression Inventory. They were then paired to play the IPD against partners of similar or dissimilar trait anger levels. At postplay, the State Anger scale was readministered. Results showed significant preplay to postplay increases in state anger, with greater increases shown by high trait anger players. Thus, high trait anger players were especially subject to arousal. Players in the high trait anger group made more competitive/attack responses, and they were more likely to do so when paired with a high trait anger partner. As a result of the high level of competitive/aggressive play, both groups ended with a negative troop count. Trait anger as a general personality temperament was predictive of state anger, competitive/attack responses, and the number of trials before a retaliation was made. The expressive style of anger‐control was also related to manner of play. Trait anger had strong direct and indirect effects through anger control on the number of competitive attack responses. It was concluded that trait anger, especially trait anger/temperament, and anger control difficulties may be toxic personality factors in decision making and competitive behavior. Aggr. Behav. 28:117–125, 2002. © 2002 Wiley‐Liss, Inc.     

How expert witnesses' counterfactuals influence causal and responsibility attributions of mock jurors and expert judges

Past research has shown that counterfactual (“If…then…”) thoughts influence causal and responsibility attribution in the judicial context. However, little is known on whether and how the use of counterfactuals in communication affects lay jurors' and judges' evaluations. In two studies, we asked mock lay jurors (Study 1) and actual judges (Study 2) to read a medical malpractice case followed by an expert witness report, which included counterfactuals focused on either the physician, the patient, or external factors. Results showed that counterfactual focus had a strong effect on both lay jurors' and judges' causal and responsibility attributions. Counterfactual focus also moderated the effect of outcome foreseeability on responsibility attribution. Discussion focuses on how counterfactual communication can direct causal and responsibility attribution and reduce the importance of other factors known to influence judicial decision‐making. The potential implications of these findings in training programs and debiasing interventions are also discussed.     

Justice at any cost? The impact of cost–benefit salience on criminal punishment judgments

This study investigated the effect of cost–benefit salience on simulated criminal punishment judgments. In two vignette‐based survey experiments, we sought to identify how the salience of decision costs influences laypeople's punishment judgments. In both experiments (N₁ = 109; N₂ = 398), undergraduate participants made sentencing judgments with and without explicit information about the direct, material costs of incarceration. Using a within‐subjects design, Experiment 1 revealed that increasing the salience of incarceration costs mitigated punishments. However, when costs were not made salient, punishments were no lower than those made when the costs were externalized (i.e., paid by a third party). Experiment 2 showed the same pattern using a between‐subjects design. We conclude that, when laypeople formulate sentencing attitudes without exposure to the costs of the punishment, they are prone to discount those costs, behaving as if punishment is societally cost‐free. However, when cost information is salient, they utilize it, suggesting the operation of a genuine, albeit labile, punishment preference. We discuss the implications of these findings for psychological theories of decision making and for sentencing policy, including the degree of transparency about the relevant costs of incarceration during the decision process.