Racial bias in decisions made by mock jurors evaluating a case of sexual harassment

White (N = 161) and Black (N = 152) college students served as mock jurors in a simulated civil case in which a female plaintiff accused a male defendant of sexual harassment. The authors experimentally manipulated the race (Black or White) of the litigants and asked the mock jurors to decide whether the defendant was guilty; to rate the certainty of their belief in the defendant's guilt; and, when they judged the defendant guilty, to recommend an award to the plaintiff. Mock jurors of both races tended to favor litigants of their own race and their own gender. Racial bias was highest among White male jurors and lowest among White female jurors.     

Effects of physical attractiveness on evaluations of a male employee's allegation of sexual harassment by his female employer

College students (N = 324) served as mock jurors in a simulated civil case in which a male plaintiff accused a female defendant of sexual harassment. The authors experimentally manipulated the physical attractiveness of the litigants. The authors asked mock jurors to decide whether the defendant was guilty and to rate their certainty of belief in the defendant's guilt (or lack of guilt). Jurors were more certain of the guilt of the defendant when the plaintiff was attractive than when he was unattractive. Plaintiff attractiveness significantly affected female jurors' individual recommended verdicts when the defendant was unattractive but not when she was attractive. With male jurors, plaintiff attractiveness significantly affected their verdicts when the defendant was attractive but not when she was unattractive. Female jurors were more likely than male jurors to conclude that sexual harassment had taken place but only when the litigants were different in attractiveness.     

The Effects of Race and Social Dominance Orientation in Simulated Juror Decision Making1

Recent mock‐jury research often has found no evidence that White jurors are more likely to convict and impose harsher sentences on Black compared to White defendants. Drawing on social dominance theory (Sidanius & Pratto, 1999), this paper argues that this apparent null effect reflects that different racial biases shown by White jurors varying in social dominance orientation (SDO) cancel each other out. A mock‐jury study (n= 70) found no main effect for defendant race, but evidence for a crossover interaction with high SDO individuals showing an anti‐Black bias and with low SDO individuals showing a pro‐Black bias in their guilty judgments and sentence recommendations. The discussion argues race is still a critical factor in White jurors’ decision making.     

The effects of body‐worn camera footage and eyewitness race on jurors' perceptions of police use of force

Police use of body‐worn cameras (BWCs) is increasingly common in the USA. This article reports the results of one of the first experimental examinations of the effects of three BWC status conditions (absent, transcribed, viewed) and eyewitness race (Black, White) on mock jurors' case judgments, in a case in which a community member (defendant) was charged with resisting arrest but where the officer's use of force in conducting the arrest was controversial. Results provide evidence of significant main effects of both eyewitness race and BWC status. When the eyewitness supporting the defendant was White, mock jurors were less likely to vote the defendant guilty of resisting arrest, as well as more likely to consider the defendant credible and the officer culpable for the incident. In addition, when BWC footage of the arrest was viewed, compared with transcribed or absent, participants were less likely to vote the defendant guilty of resisting arrest, and also rated the officer's use of force less justifiable, and the officer more culpable and less credible. Follow‐up analyses demonstrated that these relationships between BWC condition and case judgments were all mediated by moral outrage toward the officer.     

Reducing White Juror Bias: The Role of Race Salience and Racial Attitudes1

Both Black and White jurors exhibit a racial bias by being more likely to find defendants of a different race guilty than defendants who are of the same race. Sommers & Ellsworth (2000, 2001 ) found that salient racial issues in a trial reduced White juror racial bias toward a Black defendant. We examined if race salience could reduce White juror racial bias, even for individuals who reported high levels of racism. Making race salient reduced White juror racial bias toward a Black defendant. Jurors' racist beliefs were only associated with the verdict when the defendant's race was not made salient. This finding suggests that the effects of individual prejudice toward a Black defendant can be reduced by making the defendant's race salient.     

Effects of Victim and Defendant Race on Jurors' Decisions in Child Sexual Abuse Cases1

We examined the influence of victim and defendant race, victim age, juror gender, and juror prejudice on jurors' decisions in child sexual abuse cases. In Experiments 1 and 2, mock jurors judged Black and Hispanic child victims to be more responsible for their sexual abuse than White victims. In Experiment 2, jurors assigned more guilt to defendants in cases involving victims and perpetrators of the same race compared to different races. Experiment 3 illustrated that laypeople believe same‐race cases to be more plausible generally. Experiment 2 revealed that high‐prejudiced White mock jurors made no more racially biased judgments than low‐prejudiced mock jurors. Finally, women were generally more pro‐victim in their case judgments than were men, and older victims were disadvantaged compared to younger victims in terms of perceived credibility and responsibility, and their cases were less likely to draw convictions.     

Interactive Effects of Characteristics of Defendant and Mock Juror on U.S. Participants' Judgment and Sentencing Recommendations

Abstract

The authors examined the effects of interactions (a) between defendant attractiveness and juror gender and (b) between defendant race and juror race on judgment and sentencing among 207 Black, Hispanic, and White participants in the United States. After reading a vehicular-homicide vignette in which the defendant's attractiveness and race varied, the participants rated guilt and recommended sentences. The women treated the unattractive female defendant more harshly than they treated the attractive female defendant; the men showed an opposite tendency. The Black participants showed greater leniency when the defendant was described as Black rather than White. The Hispanic participants showed an opposite trend, and the White participants showed no race-based leniency. The findings on racial effects were consistent (a) with in-group favorability bias among the Black participants and (b) with attribution effects unrelated to race among the White participants.     

The Impact of Defendant Gender and Relationship to Victim on Juror Decisions in a Child Sexual Abuse Case

We examined the impact of defendant gender and relationship to victim on verdict decisions and ratings of witness believability in a case of alleged child sexual assault. Mock jurors ( N  = 256) read 1 of 4 extensive case summaries. The cases varied the gender of the defendant and his or her relationship to the child (parent or stranger). Data revealed that participants were significantly more likely to find male defendants (especially the father) guilty than female defendants. Female jurors rated the victim as more believable and the defendant as less believable than did male jurors. All mock jurors rated the victim as more believable if the defendant was male, and they saw the female defendants as more believable than the male defendants.     

Attractive but guilty: deliberation and the physical attractiveness bias

The current study examined the effect of jury deliberation on the tendency for mock jurors to find attractive defendants guilty less often. It was expected that there would be an interaction between group deliberation (yes or no) and defendant's appearance (plain-looking or attractive). It was hypothesized that mock jurors who did not deliberate would be more likely to find a plain-looking defendant guilty and that deliberation would mitigate this effect. The study was a 2 x 2 between-subjects factorial design. Participants were assigned randomly to one of four conditions: attractive defendant/deliberation, attractive defendant/no deliberation, plain-looking defendant/deliberation, and plain-looking defendant/no deliberation. A total of 172 undergraduates from a small, rural college in Vermont contributed to this study: mock jurors were 70 men and 52 women, ages ranged from 18 to 52 years (M=20.5, SD=4.9). The hypothesis was supported. Mock jurors who did not deliberate were more likely to find the plain-looking defendant guilty, whereas mock jurors who deliberated were more likely to find the attractive defendant guilty.     

Prior Allegations of Harassment Impact Mock Jurors’ Perceptions of Sexual Harassment in a Criminal Trial

The current study examined factors that may influence jurors’ judgments in a criminal sexual harassment case with Canadian undergraduate students. Undergraduate students (n?=?268) examined whether defendant’s gender, victim’s gender, and whether the victim had made similar accusations in the past were influential in mock jurors’ judgments. Participants read a case summary describing an alleged sexual harassment and answered questions concerning defendant’s guilt, defendant’s culpability, and perceptions of the victim. Additionally, attitudes concerning sexual harassment and sexism were measured. The presence of prior allegations was a driving force in mock juror decisions, with mock jurors providing more guilty verdicts, more favorable perceptions of the victim, and less favorable perceptions of the defendant when no prior allegations of harassment had been made by the victim. The results of the current study suggest that the presence of prior allegations have a large impact on mock jurors’ decisions, suggesting that prior allegations may need to be considered more closely in court before they can be used as evidence.

     

What's Fair When a Child Testifies?1

Undergraduates (N = 385) watched a 2-hr, videotaped, mock trial of a child sexual abuse case. The child testified in open court, with a barrier between the child and the defendant, or via closed circuit television. Students enacted the role of a juror, sibling of the defendant, or sibling of the mother of the victim. The judge either did or did not warn jurors that the barrier or video should not be considered evidence of the defendant's guilt. Use of the barrier or video did not influence guilty votes, the credibility of witnesses, nor the perceived fairness of the trial for jurors. Siblings of the defendant perceived these procedures to be biased and their use as unfair. Increased publicity about the use of barriers and closed-circuit television when children testify is recommended to reduce objections to these procedures.     

The Effect of Several Types of Pretrial Publicity on the Guilt Attributions of Simulated Jurors1

The experiment (N= 312) tested the effects of two types of pretrial publicity (PTP) on the guilt verdicts of simulated jurors. Heinous PTP was manipulated by varying the degree to which the lurid details of a rape-murder were presented to prospective jurors. Prejudgement PTP varied in the extent to which it implied that the defendant was the perpetrator or the rape-murder. As predicted, PTP which was high in either heinousness or prejudgment increased the females' tendency to conclude-after the trial evidence-that the defendant was guilty of the crime. The biasing effect of prejudgment PTP, however, was significant only among females categorized as being of low IQ. In contrast, neither dimension of PTF' significantly influenced the guilt verdicts of male jurors. Several possible explanations of the sex's differential vulnerability to PTP were proposed. In addition, evidence was obtained that female jurors may have been derogating the rape-murder victim and defensively minimizing the gravity of her fate, as a result of motivations to believe in a just world.     

Race Shapes Perceptions of Juvenile Offenders in Criminal Court1

We investigated the effects of defendant race, victim race, and juror gender on non‐African American mock jurors' perceptions of crimes committed by juvenile offenders. We predicted that mock jurors, particularly men, would render more pro‐prosecution case judgments when the defendant was African American than White. We also predicted that defendants would be judged more harshly when the crime victim was portrayed as White rather than as African American. Although there were few main effects of defendant race or victim race on case judgments, defendant and victim race by juror gender interactions revealed that men (but not women) demonstrated the predicted bias against African American defendants and victims. Explanations and implications are discussed.     

Reaction of mock jurors to testimony of a court appointed expert

A study was conducted to assess the impact of court appointed experts on the judgments of mock jurors. A civil proceeding was adopted for the experiment. Mock jurors heard testimony about a plaintiff's injury in an automobile accident. In some conditions, medical testimony for the plaintiff and defendant was provided by experts hired by each side. In other conditions, a medical expert appointed by the court testified in addition to the two adversarial experts. In one of these conditions, the court expert sided with the plaintiff; in another, the expert sided with the defendant. The plaintiff in the case was always an individual. The defendant was sometimes a corporation and sometimes an individual. The results showed that mock jurors sided with the court appointed expert in every condition except when the expert favored a corporate defendant. The results were discussed in terms of heuristic processing of persuasive information.     

Gender effects on individual verdicts and on mock jury verdicts in a Simulated Acquaintance Rape Trial

Since more women than men college students vote guilty in a simulated acquaintance rape trial [e.g., G. J. Fischer (1991) “Cognitive predictors of not-guilty verdicts in a Simulated Acquaintance Rape Trial,”Psychological Reports, Vol. 68, pp. 1199–1206], guilty mock jury verdicts were expected to increase as a function of the number of women on the jury (i.e., 0, 2, 4, 6, 8, 10, and 12). However, guilty verdicts did not increase significantly until either females were an overwhelming majority (i.e., 10 women to 2 men) or the jury was all female. Even in the latter conditions, guilty verdicts were fewer than would be expected based on the 86% of women and 66% of men voting guilty on a survey completed after reading about the trial, but before serving on a jury. Although a very large majority of females were needed to increase guilty verdicts, a majority appeared to lessen the likelihood of not guilty verdicts. For example, when a majority of jurors were female, 0/18 hung juries leaned toward a not guilty verdict vs. 11/34 juries leaning toward a not guilty verdict when less than or equal to one half of the jurors were female. Most of the students were White (85%), with 4% Asian, 3.2% Black, 3.2% Hispanic, and 4% “Other.”     

Interactive effects of characteristics of defendant and mock juror on U.S. participants' judgment and sentencing recommendations.

The authors examined the effects of interactions (a) between defendant attractiveness and juror gender and (b) between defendant race and juror race on judgment and sentencing among 207 Black, Hispanic, and White participants in the United States. After reading a vehicular-homicide vignette in which the defendant's attractiveness and race varied, the participants rated guilt and recommended sentences. The women treated the unattractive female defendant more harshly than they treated the attractive female defendant; the men showed an opposite tendency. The Black participants showed greater leniency when the defendant was described as Black rather than White. The Hispanic participants showed an opposite trend, and the White participants showed no race-based leniency. The findings on racial effects were consistent (a) with in-group favorability bias among the Black participants and (b) with attribution effects unrelated to race among the White participants.     

Deciding the Fate of Others: The Cognitive Underpinnings of Racially Biased Juror Decision Making

In criminal law, jurors are supposed to ignore defendant race when considering factual matters of culpability. However, when judging the merits of a criminal case, jurors’ ability (or inability) to avoid bias may affect verdicts. Fact-based decision making expend cognitive resources, while heuristic-based decisions (e.g., using criminal stereotypes) conserve resources. Here, we investigated whether differences in cognitive resources and prejudice attitudes about Blacks influenced trial outcomes. We tested the impact of working memory capacity (WMC), cognitive load, prejudice, and target race (Black, White) on penalties ascribed to fictional criminal defendants in ambiguous-fact cases. Results showed that when “loaded,” prejudiced-low-WMC persons supported guilty verdicts with higher confidence more often for Black than White defendants. Conversely, regardless of WMC or prejudice attitude, participants penalized White defendants more often when not loaded. We suggest that cognitive resources and prejudice attitude influence fact-based decisions. Links to juror judgments and potential trial outcomes are discussed.