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.     

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.     

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.     

Racial Bias in Decisions Made by Mock Jurors Evaluating a Case of Sexual Harassment

Abstract

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.     

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.     

Effects of Mental Health and Neuroscience Evidence on Juror Perceptions of a Criminal Defendant: the Moderating Role of Political Orientation

Several recent studies have examined the effects of mental health and neuroscientific evidence on attitudes toward criminal defendants, suggesting that these factors may influence juror decision‐making in meaningful ways. Few studies to date have manipulated both of these variables while also considering theoretically important individual difference variables (e.g., political orientation). Using a criminal case simulation, this study manipulated the presence of evidence concerning mental disorders (psychopathy and schizophrenia) and increasing levels of neuroscientific detail regarding a defendant's brain injury, and examined verdicts and sentencing recommendations in over 400 persons attending jury duty. Main effects were detected for mental health testimony and political orientation, although interactions were noted as well. More negative reactions to defendants labeled as psychopaths were relatively consistent, whereas participants who identified as liberal generally were less punitive towards a defendant identified as schizophrenic than were more conservative jurors. Consistent with other recent research, juror perceptions of the defendant's level of psychopathic traits (independent of the effects of the experimental manipulations) predicted guilty verdicts and longer sentencing recommendations. Copyright © 2016 John Wiley & Sons, Ltd.     

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.     

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.     

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.     

Race,Rape, and Bias: Distortion of Prior Odds and Meaning Changes

Two experiments were conducted to investigate how racial bias affects juror decision making. Three sources of bias were studied: (1) prior probabilities of guilt, (2) distortion of the meaning of evidence, and (3) differential weighting of information. A paired comparison technique employed in the first study revealed that pretrial probabilities of guilt were greater when the victim was White than when she was Black. In the second experiment, a different group of subjects viewed one of four videotaped simulated rape trials in which seven segments of testimony had been previously rated as pro-prosecution, pro-defense, or neutral. During the trial, subjects rated each segment on three different scales: prosecution, defense, and degree of defendant guilt. Results indicated that neutral evidence was seen as more favorable to prosecution for a White victim compared to a Black victim. Evidence which favored either prosecution or defense was not distorted. Regression analyses revealed a positive relationship between estimates of guilt and distortion of evidence. The weight or importance of the evidence did not vary as a function of victim or defendant race. Years of recommended imprisonment indicated greater severity toward the Black assailant of a White woman. The results suggest that bias in favor of White victims occurs both in the assessment of pretrial probabilities and perception of evidence.     

Bias at the intersection of race and gender: Evidence from preschool‐aged children

There is ample evidence of racial and gender bias in young children, but thus far this evidence comes almost exclusively from children's responses to a single social category (either race or gender). Yet we are each simultaneously members of many social categories (including our race and gender). Among adults, racial and gender biases intersect: negative racial biases are expressed more strongly against males than females. Here, we consider the developmental origin of bias at the intersection of race and gender. Relying on both implicit and explicit measures, we assessed 4‐year‐old children's responses to target images of children who varied systematically in both race (Black and White) and gender (male and female). Children revealed a strong and consistent pro‐White bias. This racial bias was expressed more strongly for males than females: children's responses to Black boys were less positive than to Black girls, White boys or White girls. This outcome, which constitutes the earliest evidence of bias at the intersection of race and gender, underscores the importance of addressing bias in the first years of life.     

Criminal sentence recommendations in a simulated rape trial: Examining juror prejudice in Canada

This experiment examined the moderating influence of judicial instructions on prejudicial sentencing recornmendations in a simulated videotaped rape trial. Subjects were 243 Canadian university students who were randomly assigned to one of eight conditions and asked to assume the role of juror. In the rape trial, the race of the defendant and victim were varied (either White or Black) and in half of the conditions the judge's instructions to the jury were excluded. Results indicated a 2 (defendant race) × 2 (victim race) × 2 (judicial instructions) interaction with interracial rape generating longer sentence recommendations in the presence of judicial instructions and intra-racial rape eliciting longer sentence allotment in the absence of judicial instructions. Results are contrasted with reports on juror decision-making in the U.S.     

Habla Ingles? The Effects of Language Translation on Simulated Juror Decisions1

Two studies were conducted in which college students, acting as simulated jurors, heard the testimony of a defendant in an assault case. The testimony was presented in English or in another language (Spanish in Study 1 and Thai in Study 2) which was translated into English by an interpreter. In Study 1, non-Hispanics judged the defendant to be more guilty than did Hispanics when the defendant's testimony was presented in Spanish than when it was presented in English. This bias was offset when the judge's instructions admonished the jurors to ignore the fact that the defendant's testimony was translated. Similarly, in Study 2, subjects (all non-Thai) judged the defendent more guilty when his testimony was presented in Thai than when it was presented in English. Again, this bias was eliminated by the judge's instructions to the jurors to ignore the fact that the testimony was translated. The increased guilty verdicts for defendants who did not testify in English appeared to be due to prejudice and language ethnocentrism, the belief that defendants in U.S. courts should speak English.     

Assumed race moderates spontaneous racial bias in a computer‐based police simulation

We demonstrated that playing the roles of different outgroup races can elicit extrapersonal racial bias associated with respective racial groups. In a modified version of a computer‐based police simulation, the police officer's race was visually manipulated to be either Black or White. Korean participants made quick decisions whether to shoot targets (Black or White, armed or unarmed) on screen. Comparison of behavioral bias in the task revealed that, as expected, playing the role of a White police officer was associated with a stronger bias against Black targets compared to playing a Black police officer's role. The result suggests that when a social category is activated, one's race‐related behavior can reflect one's beliefs about the biases that members of that category hold.     

Racial Attitudes and the Death Penalty1

This study investigated the relationship between overt and subtle forms of racism with Whites' recommendations for capital sentencing of Black and White offenders convicted of murder. White participants (n= 104) viewed 5 other “jurors” (all Whites or 4 Whites and 1 Black) on videotape individually presenting their decisions to vote for the death penalty in the case. It was hypothesized that the bias of high prejudice-scoring participants would be overt, but that the pattern for low prejudice-scoring participants would be more complex. As predicted, among high prejudice-scoring participants, Black defendants received stronger recommendations for the death penalty than did White defendants. Among low prejudice-scoring White participants, Black offenders received stronger recommendations for the death penalty only when a Black juror advocated the death penalty.     

Racism leads to pushups: How racial discrimination threatens subordinate men's masculinity

Two studies explored the gendered nature of racial discrimination for Black men, focusing on the relationship between race, discrimination, and masculinity threat. Specifically, we hypothesized that racial discrimination may also represent a threat to Black, but not White, men's masculinity. Both studies examined the target's perspective (i.e. Black and White men's perspectives) on the experience of racism and threat. Black men who experienced discrimination reported greater endorsement of male gender norms and were more vigilant to masculinity threat cues than were those who did not experience discrimination. Additionally, Black men engaged in masculine-typed behaviors–for our purposes, completing more pushups–in proportion to their experience of masculinity threat. Conversely, White men disengaged from the pushup task after experiencing discrimination. Study 2 suggests that White men's disengagement is mediated by affirming their social status. Our data suggest the importance of considering the gendered consequences of racial discrimination toward subordinate-group men.