Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision

This paper examines the impact of the defendant's appearance during the trial on capital jurors' punishment decision. The data used in this analysis were gathered by the Capital Jury Project (CJP), a national program of research on the decision-making of capital jurors. A series of multivariate logistic regression analyses were conducted using four aggravating circumstances related to the killing and eight defendant appearance variables as predictors of jurors' punishment decision at three points during the capital trial: (1) after the punishment phase ended, but before formal deliberation began; (2) when the first vote was taken on punishment at jury deliberations; and (3) at the final vote on punishment. Results indicated that when the defendant appeared emotionally involved during the trial (i.e. sorry and sincere) jurors either favored a life sentence or were undecided about punishment; however, when the defendant appeared emotionally uninvolved during the trial (i.e. bored) jurors either sought a death sentence or remained undecided. Policy implications will be discussed.     

Constructing insanity: jurors' prototypes, attitudes, and legal decision-making

Research consistently indicates that jurors' intuitive prototypes of insanity and case-relevant attitudes shape their verdicts more strongly than legal definitions of insanity. Based on a sample of 113 prospective jurors, this study was designed to (a) assess the extent to which three prototypes of insanity held by jurors in a past study generalize to a sample of jurors in another state and (b) determine the relative influence of attitudes toward the insanity defense and prototypes of insanity on jurors' case judgments across four insanity case vignettes. Results suggest that jurors' attitudes toward the insanity defense affected case judgments so strongly (r = .41-.61) that they swamped efforts to assess jurors' prototypes of insanity. Further, jurors' prototypes of insanity offered little incremental utility beyond that of insanity defense attitudes. Implications for identifying biased jurors and potential interventions for bringing jurors' decisions into greater accord with the law are discussed.     

The effects of complexity on jurors' verdicts and construction of evidence

One hundred twenty mock jurors heard 1 of several versions of a civil trial. The tort trial was either high or low in information load and contained evidence that either clearly favored the plaintiffs or was ambiguous. Expert witnesses testified in either technical or less technical language. Verdicts favored the plaintiffs when the evidence was clear and was presented in technical language because technical language enhanced witnesses' credibility when the evidence was clear. Although high information loads and technical language hindered evidence processing, jurors endeavored to comprehend, as indicated by the recall of more facts and alternative constructions of the evidence when that evidence was ambiguous. However. those constructions were of poorer quality, incorporating evidence of lesser probative value.     

The consolidation of plaintiffs: the effects of number of plaintiffs on jurors' liability decisions, damage awards, and cognitive processing of evidence

In this study, 135 jury-eligible adults were randomly assigned to 1 of 5 aggregations of plaintiffs involving 1, 2, 4, 6, and 10 claimants. Jurors were shown a 5- to 6-hr trial involving claims of differential repetitive stress injuries by each plaintiff. Measures concerning liability, damages, and various cognitive and attributional factors were collected. The defendant was more likely to be judged as liable as the number of plaintiffs increased. Awards reached a zenith at 4 plaintiffs and then began to decrease. Increases in the number of plaintiffs who were aggregated degraded information processing. Limits of juror competence in complex trials and juror aids were discussed.     

The cognitive structure of choice dilemma decisions

We tried to find out why Ss chose a specific risk level. We, therefore, constructed a questionnaire with 30 statements about aspects of the contents of the choice dilemmas. A factor analysis of the 30 statements over ten choice dilemmas and 61 field-officers led to a structure of four cognitive elements. With these four factors as predictors we could explain a main part of the variance of the individual risk level of each choice dilemma. This regression analysis was done with normal product-moment-correlations and with scalar-products. Both analyses show great similarity, although it seemed to be better to use scalar-products because one can use the information of the means. The four cognitive elements could be interpreted as: (1) Decision-making strategy; (2) Responsibility for others; (3) Reputation; (4) Socially valued riskiness.     

The role of right-wing authoritarianism and political sophistication in shaping attitudes toward redistribution

Using data from the Austrian National Election Study (Study 1) and the American National Election Study (Study 2), this research investigated the role of right-wing authoritarianism (RWA) in shaping attitudes toward governmental action related to the redistribution of wealth. We show that RWA is a relevant variable in explaining attitudes toward redistribution policies, and that the association between RWA and redistribution attitudes is moderated by political sophistication. RWA was associated with opposition to redistribution policies among individuals high in political sophistication, while among individuals low in political sophistication, RWA was either associated with support for redistribution policies (Study 1) or unrelated to redistribution attitudes (Study 2). Results suggest that exposure to the political discourse in a society affects how psychological needs and motives are related to preferences regarding the redistribution of wealth through the government.     

The relationship between riskiness and confidence in choice dilemma decisions

The relationship between riskiness of decisions and confidence in decisions was examined using Choice Dilemma items. Graphs show a clear curvilinear relationship between riskiness and confidence; on both risky items and cautious items greater confidence is associate with extremely risky and extremely cautious decisions than with moderate ones. it was also demonstrated that individual subjects have more confidence in their extreme decisions than in their moderate ones.     

Person-organization fit and work-related attitudes and decisions: examining interactive effects with job fit and conscientiousness

This study examined boundary conditions that surround the importance of perceived person-organization (P-O) fit for work-related attitudes and decisions. The authors hypothesized that P-O fit is more strongly related to satisfaction and job choice decisions when needs-supplies (N-S) job fit or demands-abilities (D-A) job fit is low, and that P-O fit is more strongly related to job choice decisions for highly conscientious individuals. Hypotheses were tested among 299 participants in a 12-week internship program. Results indicated that P-O fit was more strongly related to satisfaction when individuals experienced low N-S job fit. P-O fit was more strongly related to job choice intentions when individuals experienced low D-A job fit or were highly conscientious. Finally, P-O fit was related to job offer acceptance for highly conscientious individuals.     

Juvenile psychopathy and judicial decision making: an empirical analysis of an ethical dilemma

In the burgeoning juvenile psychopathy literature, there is a debate on whether it is appropriate to apply this construct to youths. Some have suggested that labeling children/adolescents as psychopathic might result in negative consequences, such as being recommended for more restrictive placements. However, the scant evidence is equivocal. This study provides additional insights on this issue by assessing judicial perceptions and recommendations to a hypothetical case. Results indicate that psychopathy influenced perceptions of amenability (eta = .12) and dangerousness (eta = .25), and recommendations for placement (eta = .11). More specifically, youth who were both labeled as psychopathic and ascribed psychopathic traits were viewed as less amenable to treatment and more dangerous and were more likely to be recommended for a restrictive placement than youth who were neither labeled nor described as such. The effect of psychopathy on placement recommendations, however, was not significant after controlling for perceptions of dangerous. This suggests that the influence of psychopathy on judicial restrictiveness may operate through the perceived dangerousness of the youth.     

Differential effects of right wing authoritarianism and social dominance orientation on outgroup attitudes and their mediation by threat from and competitiveness to outgroups

A dual-process model of individual differences in prejudice proneness proposes that Right Wing Authoritarianism (RWA) and Social Dominance Orientation (SDO) will influence prejudice against particular outgroups through different motivational mechanisms. RWA should cause negative attitudes toward groups seen as threatening social control, order, cohesion, and stability, such as deviant groups, and negativity toward these groups should be mediated through perceived threat from them. SDO should cause negative attitudes toward groups that activate competitiveness over relative dominance and superiority, such as socially subordinate groups low in power and status, and negativity toward these groups should be mediated through competitiveness toward them. Findings from four student samples that assessed attitudes toward seven social groups selected as likely to vary systematically in social threat and social subordination supported these predictions. The findings have implications for reconciling intergroup and individual difference explanations of prejudice and for interventions to reduce prejudice.     

Ambivalence and attitudes in consumer replacement decisions

This research examines consumer replacement decisions and the ambivalence that may accompany such decisions. Durable goods replacement decisions are complex in that they involve two interconnected but distinct subdecisions: whether to replace the good, and what to do with the incumbent possession. This research proposes and tests a decision model that incorporates both of these subdecisions. It also examines sources of conflict associated with the ambivalence that may accompany replacement decisions. In so doing, it describes some potential problems associated with conflict measures that have been previously used in the ambivalence literature and describes methods to avoid these problems. Findings from a longitudinal study demonstrate that a model incorporating elements of both replacement subdecisions offers superior prediction of intentions over a traditional decision model. Findings also reveal that ambivalence may have effects at both the pre- and post-purchase stages of the decision process, and that the relationship between conflict and ambivalence may be more complex than previously recognized.     

The relationship between justice and attitudes: An examination of justice effects on event and system-related attitudes

Research in organizational justice has always been interested in the relationship between justice and attitudes. This research often examines how different types of justice affect different attitudes, with distributive justice predicted to affect attitudes about specific events (e.g., performance evaluation) and procedural justice predicted to affect attitudes about organizations (e.g., organizational commitment). However, there is mixed support for these predictions. Moreover, this approach generally ignores the relationship between attitudes about the specific event and attitudes toward the organization. In this study we identify three alternative models of justice and attitudes. We use customer responses to complaint handling to test these alternative conceptualizations. Results generally support a mediated model, wherein event attitudes mediate the effect of justice perceptions on system-related attitudes. The implication of these findings for organizations and justice researchers are discussed.     

The cognitive impact of past behavior: influences on beliefs, attitudes, and future behavioral decisions

To study the processes by which past behavior influences future behavior, participants were led to believe that without being aware of it, they had expressed either support for or opposition to the institution of comprehensive exams. Judgment and response time data suggested that participants' perceptions of their past behavior often influenced their decisions to repeat the behavior. This influence was partly the result of cognitive activity that influenced participants' cognitions about specific behavioral consequences and the attitude they based on these cognitions. More generally, however, feedback about past behavior had a direct effect on participants' attitudes and ultimate behavioral decisions that was independent of the outcome-specific cognitions. Results are discussed in terms of their implications for biased scanning of memory, dissonance reduction, self-perception, and the use of behavior as a heuristic.     

How type of excuse defense, mock juror age, and defendant age affect mock jurors' decisions

The authors investigated the effects of mock juror age (younger vs. older), defendant age (22 vs. 65), and type of excuse defense used by defendants (a highly self-inflicted condition, Cocaine Dependency Disorder, vs. a less self-inflicted condition, Posttraumatic Stress Disorder) on mock juror decisions. Ninety-six younger and 96 older adults read a scenario and answered a questionnaire. Results indicated that the defendant using the highly self-inflicted excuse was more likely to receive a guilty verdict and a longer sentence than was the defendant using the less self-inflicted excuse. Older jurors were more certain of their verdicts and saw the defendant as more responsible for his condition than did younger jurors. Defendant age did not affect juror decisions. In addition, excuse type and juror age affected the jurors' perceptions of the victim's responsibility for the attack. The authors discuss the potential influence of juror age on perceptions of defendant responsibility.     

The role of affect in attitudes toward organ donation and donor-relevant decisions

We argue that affect plays a vital role in attitudes toward organ donation and that reluctance to become an organ donor is likely to be related to the experience of affective ambivalence. Assessing the affect associated with organ donation could help to predict donor-relevant decisions. Results of a confirmatory factor analysis on 464 students showed that affective evaluations can be distinguished both from cognitive evaluations and from overall evaluations. As expected, affective evaluations revealed ambivalence (using the ‘Griffin’ measure of ambivalence) toward organ donation, whereas the two other types of evaluations did not. Results of a follow-up study using logistic regression (n?=?85), showed that affective evaluations predicted donor-relevant decisions six months later. The present findings support the proposal to include separate affective evaluations in measures of attitudes to organ donation. More general implications for the measurement and structure of attitudes in health related domains are discussed.     

Individualism,authoritarianism, and attitudes toward assisted death: cross-cultural,cross-regional,and experimental evidence

We hypothesized that in individualistic cultures, individualism predicts positive attitudes toward assisted death, whereas authoritarianism is negatively associated with favorable views of this issue. Study 1 confirmed this hypothesis in a Polish sample (n=100). Study 2, using a German sample (n=102), found the predicted relationships for forms of assisted death that involved the individual self-determination of a terminally ill patient. In Study 3 (n=72), we found experimental evidence that priming individualistic aspects of the self-concept results in more favorable views of physician-assisted suicide. Using a representative sample (n=1158), Study 4 found that across the United States, regional levels of individualism are reflected in corresponding patterns of support for assisted suicide. The discussion focuses on assisted suicide as a cultural phenomenon and explores the implications of growing levels of individualism for public opinion and policy on assisted suicide.     

To prosecute or not to prosecute: Law students' judicial decisions in CSA cases

Child sexual abuse (CSA) investigations are complicated and few cases are prosecuted. The aim of the present study was to investigate judicial decisions in CSA investigations. Seventy‐one law students (42 females, 29 males) read a vignette depicting a CSA investigation, assessed the complainant's and the accused's credibility, and if the case should be prosecuted or not. The participants were assigned to one of four conditions defined by a 2 (evidence: high probative value vs. low probative value) × 2 (complainant demeanour: emotional vs. neutral) factorial design. Females assigned higher credibility to the complainant than did males and males assigned higher credibility to the accused than did females. Emotionality, but not evidential value, affected credibility judgements: Females believed less in the suspect when the child behaved in an emotional manner. Most participants (94.4%) thought that the case should be prosecuted, though only 73.2% believed that prosecution could be corroborated. Corroboration of prosecution was affected by evidential value, but not emotionality. The results indicate that the behavior of alleged crime victims might affect males and females differently, which in turn could lead to biased judicial decisions in CSA investigations.