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.     

The Angry Juror: Sentencing Decisions in First‐Degree Murder

A great deal of research in legal decision making has overlooked the influence of affect on the decision‐making process. The present study measured the fluctuation of emotions across five time points of a capital trial and tested the overall relationship between changes in emotion and sentencing decisions. The results showed that across all participants, anger initially increased and then decreased during the course of a capital punishment trial. Most importantly, the more individual mock jurors' anger increased during any stage of the trial, the more likely they were to assign a death sentence. Furthermore, when jurors' anger increased, they rated mitigating factors presented by the defense as weaker and the weaker mitigation mediated the relationship between change in anger and sentencing. The paper ends with a discussion of theoretical explanations and policy implications. Copyright © 2012 John Wiley & Sons, Ltd.     

Juror Need for Cognition and Sensitivity to Methodological Flaws in Expert Evidence1

This study examined whether need for cognition (NC) moderated jurors' sensitivity to methodological flaws in expert evidence. Jurors read a sexual harassment trial summary in which the plaintiff's expert presented a study that varied in ecological validity, general acceptance, and internal validity. High NC jurors found the defendant liable more often and evaluated expert evidence quality more favorably when the expert's study was internally valid vs. missing a control group; low NC jurors did not. Ecological validity and general acceptance did not affect jurors' judgments. Ratings of expert and plaintiff credibility, plaintiff trustworthiness, and expert evidence quality were positively correlated with verdict. Theoretical implications for the scientific reasoning literature and practical implications for trials containing psychological science are discussed.     

Nature,nurture, and capital punishment: How evidence of a genetic–environment interaction,future dangerousness,and deliberation affect sentencing decisions

Research has shown that the low‐activity MAOA genotype in conjunction with a history of childhood maltreatment increases the likelihood of violent behaviors. This genetic–environment (G × E) interaction has been introduced as mitigation during the sentencing phase of capital trials, yet there is scant data on its effectiveness. This study addressed that issue. In a factorial design that varied mitigating evidence offered by the defense [environmental (i.e., childhood maltreatment), genetic, G × E, or none] and the likelihood of the defendant's future dangerousness (low or high), 600 mock jurors read sentencing phase evidence in a capital murder trial, rendered individual verdicts, and half deliberated as members of a jury to decide a sentence of death or life imprisonment. The G × E evidence had little mitigating effect on sentencing preferences: participants who received the G × E evidence were no less likely to sentence the defendant to death than those who received evidence of childhood maltreatment or a control group that received neither genetic nor maltreatment evidence. Participants with evidence of a G × E interaction were more likely to sentence the defendant to death when there was a high risk of future dangerousness than when there was a low risk. Sentencing preferences were more lenient after deliberation than before. We discuss limitations and future directions.     

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.     

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.     

When mitigation evidence makes a difference: effects of psychological mitigating evidence on sentencing decisions in capital trials

Little empirical research has addressed the effects of psychological or psychosocial evidence on sentencing decisions. The present study found that death-qualified mock jurors were more likely to sentence a defendant to death without mitigating evidence than in a case with mitigating evidence present. Mock jurors were less likely to assign a death sentence in cases that contained one of the following types of mitigating evidence: The defendant was (i) diagnosed with schizophrenia, not medicated, and suffered from severe delusions and hallucinations, (ii) drug addicted and high at the time of the murder, (iii) diagnosed as borderline mentally retarded during childhood, or (iv) severely physically and verbally abused by his parents during childhood.     

Jury Panel Member Perceptions of Interpersonal‐Affective Traits of Psychopathy Predict Support for Execution in a Capital Murder Trial Simulation

Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy – though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases. Copyright © 2013 John Wiley & Sons, Ltd.     

Perceptions of Children's Credibility in Sexual Assault Cases1

Children's testimony often plays a central role in prosecutions of child sexual abuse. Nevertheless, research on jurors' perceptions of the credibility of child sexual assault victims remains limited. In three experiments, we examined mock jurors' reactions to children's testimony about sexual abuse. Participant jurors were exposed to videotaped or written scenarios of child sexual abuse trials and then rated victim credibility and defendant guilt. Analyses indicated that: (a) victim age was either inversely related or unrelated to perceptions of victim credibility, (b) women were more likely than men to find child victims credible, (c) corroborating testimony from a child victim increased the credibility of another child victim, and (d) exposure of participants to past criminal acts and other negative defendant character evidence heightened perceived victim credibility and defendant guilt. Implications for understanding jurors' reactions to child witnesses 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.     

Another Look at the Impact of Juror Sentiments toward Defendants on Juridic Decisions

Abstract

This experiment tested the hypothesis that jurors' preexisting biases (sentiments) toward an accused would have a much stronger impact on the sentences that jurors recommended than on the verdicts they rendered. Specifically, a balance theory analysis of juridic decisions specifies that predeliberation sentiments toward the defendant would have little if any direct effect on jury verdicts and would be associated with verdicts rendered only if the information establishing these sentiments also implied a unit relation between the defendant and the crime. Six-person juries deliberated the case of an accused robber and murderer who had no prior criminal record, a prior conviction for a dissimilar crime, or a prior conviction for a similar crime. While on the witness stand, the defendant either withheld information or provided answers for all questions. The results provided strong support for the hypothesis. In addition, jurors' predeliberation sentiments toward the accused were unrelated either to the tone of juridic deliberations or to postdeliberation assessments of the defendant's guilt. By contrast, juror sentiments toward the defendant were a solid predictor of the severity of sentences assigned by those who voted to convict the accused.     

Effect of viewing the interview and identification process on juror perceptions of eyewitness accuracy

This study examined whether showing jurors a video of the witness's initial attempts to describe and identify the perpetrator would facilitate jurors' ability to discriminate between accurate and inaccurate witnesses. Mock jurors observed a simulated trial in which the key witness testified under direct examination and cross‐examination. The jurors saw either the witness's testimony or the witness's testimony plus videotape footage of the earlier police interviews in which the witness described and attempted to identify the perpetrator. Results support the hypothesis: Jurors in the examination‐plus‐video condition discriminated between accurate and inaccurate witnesses better than jurors in the examination‐only condition. We discuss various mechanisms to explain the advantage provided by the video. It is recommended that police officers videotape the line‐up procedure and that jurors be shown this video at trial. Copyright © 2009 John Wiley & Sons, Ltd.     

Effects of pre‐trial publicity and jury deliberation on juror bias and source memory errors

We examined the effects of exposure to pre‐trial publicity (PTP) and jury deliberation on juror memory and decision making. Mock jurors either read news articles containing negative PTP or articles unrelated to the trial. They later viewed a videotaped murder trial, after which they either made collaborative group decisions about guilt or individual decisions. Finally, all participants independently attributed specific information as having been presented during the trial or in the news articles. Exposure to PTP significantly affected guilty verdicts, sentence length, perceptions of defendant credibility, and misattributions of PTP as having been presented as trial evidence. Jury deliberation had significant effects on jury verdicts, perceptions of defendant credibility, source memory for trial items, and confidence in source memory judgements, but did not affect sentences or critical source memory errors. Copyright © 2006 John Wiley & Sons, Ltd.     

Effects of prior juror experience on jury sentencing

The effect of prior juror service on jury sentencing was investigated in an archival study of 143 criminal trials resulting in convictions. Trials took place over two calendar years in a state circuit court requiring jurors to serve 30-day terms. Jurors sentenced defendants in each case according to a set of guidelines determined by trial judges. The severity of the sentences imposed by jurors was rated by 101 subjects on a scale of 1 (least severe) to 100 (most severe). The results indicated that the more experienced juries gave significantly more severe sentences than did the less experienced juries. This finding was unchanged when civil court experience was considered in addition to criminal court experience. Possible interpretations of these results are discussed.     

Similar patterns of age-related differences in emotion recognition from speech and music

Young and old adults’ ability to recognize emotions from vocal expressions and music performances was compared. The stimuli consisted of (a) acted speech (anger, disgust, fear, happiness, and sadness; each posed with both weak and strong emotion intensity), (b) synthesized speech (anger, fear, happiness, and sadness), and (c) short melodies played on the electric guitar (anger, fear, happiness, and sadness; each played with both weak and strong emotion intensity). The listeners’ recognition of discrete emotions and emotion intensity was assessed and the recognition rates were controlled for various response biases. Results showed emotion-specific age-related differences in recognition accuracy. Old adults consistently received significantly lower recognition rates for negative, but not for positive, emotions for both speech and music stimuli. Some age-related differences were also evident in the listeners’ ratings of emotion intensity. The results show the importance of considering individual emotions in studies on age-related differences in emotion recognition.     

The effects of defendant conduct on jury damage awards

Laws of negligence dictate that jurors' decisions about damages be influenced by the severity of plaintiffs' injuries and not by the reprehensibility of defendants' conduct. The authors simulated an automobile negligence trial to assess whether jurors' decisions are in accord with those expectations. Conduct of the defendant and severity of the plaintiff's injuries were manipulated. Jurors listened to the evidence, completed predeliberation questionnaires, deliberated as a jury, and completed postdeliberation questionnaires. Severity of the plaintiff's injury had a strong impact on damage awards, but evidence related to the defendant's conduct was also influential, particularly when the plaintiffs injuries were mild. Here, jurors with any conduct-related evidence gave larger damage awards than jurors with no conduct-related evidence. Findings suggest an effect of defendant conduct on damage awards that may be mediated by judgments that the defendant was negligent.     

Changes in Emotions Over the Course of Dialectical Behavior Therapy and the Moderating Role of Depression,Anxiety, and Posttraumatic Stress Disorder

Evidence-based borderline personality disorder (BPD) treatments such as dialectical behavior therapy (DBT) emphasize the acquisition and use of strategies to down regulate negative emotion. However, little research examines whether specific emotions change during DBT. Further, it is unclear if BPD-relevant comorbidities that involve heightened emotion—namely, depression, anxiety disorders, and posttraumatic stress disorder (PTSD)—moderate these outcomes. This study investigated which specific emotions (hostility/anger, fear, shame/guilt, and sadness) decrease during DBT, and whether comorbid depression, anxiety disorders, and PTSD moderate these outcomes. Individuals with BPD (N = 101) completed 6 months of standard DBT and provided measurements of specific emotions at every session and at pre-, mid-, and posttreatment. Generalized estimating equations revealed moderate effect-sized reductions in anger at major assessment time points. Anxiety disorders and PTSD moderated the effect of time on fear, shame, and guilt. PTSD also moderated the effect of time on sadness. For all moderating effects, individuals with the comorbidity exhibited greater reductions than those without. These findings corroborate that DBT reduces several specific emotions, and comorbid PTSD and anxiety disorders may facilitate this effect for fear, shame/guilt, and sadness (clinical trial registration number = NCT03123198).