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.     

Improving the Credibility of Child Sexual Assault Victims in Court: The Impact of a Sexual Assault Nurse Examiner

The present study investigated the influence of a sexual assault nurse examiner's (SANE's) testimony on mock juror perceptions of a child or adolescent victim of child sexual assault. Community members (N = 252, 156 females) read a fictional criminal trial summary of a child sexual assault case in which the victim was 6 or 15 years old and the prosecution presented medical testimony from a SANE or a traditional registered nurse (RN), or did not present medical testimony. Mock jurors were more likely to render guilty verdicts when a SANE testified compared with the other two testimony conditions. In addition, pro-victim judgments (e.g., sympathy toward the victim) and negative defendant judgments (e.g., anger toward the defendant) mediated this relation. Finally, cognitive network representations of the case demonstrated that the RN and no-medical-testimony groups were similar and the SANE group was distinct from the other two conditions. We discuss these results in terms of the implications of SANE testimony in child sexual assault court cases. Copyright © 2015 John Wiley & Sons, Ltd.     

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.

     

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.     

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.     

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.     

Expert testimony in child sexual abuse cases: The effects of evidence,coherence and credentials on juror decision making

Psychological experts have been used increasingly to testify in child sexual abuse cases, yet little research has investigated what specific factors make experts effective. This study examined the potential effects that credentials, evidence strength and coherence may have on juror decision making. Sixty‐four mock jurors read cases of child sexual abuse, followed by experts' testimony and rated guilt of the defendant, effectiveness of the expert testimony and credibility of the victim. Evidence strength and coherence of the testimony affected all dependent variables, and the interaction was significant. Guilt ratings of the defendant were lower and the victim was rated as less credible when both evidence strength and coherence were low. The credentials of the expert, however, had negligible impact. These findings indicate that experts can be effective and impact jurors when testimony is either high in coherence or high in evidence. Copyright © 2009 John Wiley & Sons, Ltd.     

Sexual Preference,Gender, and Blame Attributions in Adolescent Sexual Assault

ABSTRACT

The study investigated the impact of victim sexual orientation, perpetrator gender, and participant gender on judgements toward a 15-year-old male victim of a depicted sexual assault. One hundred and eight-eight participants (97 male, 91 female) read a hypothetical scenario depicting the sexual assault of a 15-year-old male victim where the victim's sexual orientation and the perpetrator's gender were varied between subjects. Participants then completed a questionnaire assessing their attributions toward both the victim and the perpetrator. Results revealed that male participants blamed the victim more than female participants when the victim was both gay and attacked by a male perpetrator. All participants, regardless of gender, made more positive judgements toward the female as opposed to male perpetrator. Results are discussed in relation to gender role stereotypes and homophobia.     

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.     

Juror Decision‐making in Death Penalty Sentencing when Presented with Defendant's History of Child Abuse or Neglect

Previous studies have found aggravating, mitigating, and null effects of defendant histories of abuse and neglect on punishment preferences in capital sentencing. Perceiving these defendants as more dangerous, jurors may be more likely to favor the death penalty when such evidence is presented. This is counter to the intuition that abuse or neglect reduces culpability, and therefore mitigates the severity of punishment. We investigated the effect of defendant childhood physical abuse, sexual abuse, or neglect on the probability of a prospective juror preferring the death penalty in an between‐subject experimental design. Using vignettes and two large samples (students and jurors), defendant histories were found to mitigate the probability that the hypothetical defendant received the death penalty, with sexual abuse having the most salient effect. Further, the effects were conditioned by preference for the death penalty – larger mitigating effects were observed among individuals who favor the death penalty. These findings suggest that initial judgments of abuse and neglect are related to juror leniency, and further research on the interaction of jury instructions and defendant histories is needed. Copyright © 2017 John Wiley & Sons, Ltd.     

Sexual preference, gender, and blame attributions in adolescent sexual assault

The study investigated the impact of victim sexual orientation, perpetrator gender, and participant gender on judgements toward a 15-year-old male victim of a depicted sexual assault. One hundred and eight-eight participants (97 male, 91 female) read a hypothetical scenario depicting the sexual assault of a 15-year-old male victim where the victim's sexual orientation and the perpetrator's gender were varied between subjects. Participants then completed a questionnaire assessing their attributions toward both the victim and the perpetrator. Results revealed that male participants blamed the victim more than female participants when the victim was both gay and attacked by a male perpetrator. All participants, regardless of gender, made more positive judgements toward the female as opposed to male perpetrator. Results are discussed in relation to gender role stereotypes and homophobia.     

The Effects of Physical Attractiveness,Race, Socioeconomic Status,and Gender of Defendants and Victims on Judgments of Mock Jurors: A Meta-Analysis1

A meta-analysis of experimental research on mock juror judgments was conducted to assess the effects of physical attractiveness, race, socioeconomic status (SES), and gender of both defendants and victims to test the theory that jurors use characteristics that are correlated with criminal behavior as cues to infer guilt and to recommend punishment. In general, it was advantageous for defendants to be physically attractive, female, and of high SES, although these advantages were nil for some crimes. There were no overall effects of race on mock jurors' judgments, but the effect of defendant race on punishment was strongly moderated by type of crime. Effects of victim characteristics on jurors' judgments were generally inconsequential, although defendants were at a disadvantage when the victim was female.     

Mock Jurors’ Perception of Stalking: The Impact of Gender and Expressed Fear

Two experiments investigated mock-juror perceptions of intimate stalking using Kentucky’s (United States) anti-stalking legislation. Experiment 1 used a mock-juror methodology in which 177 undergraduates (87 men and 90 women) from a large southeastern US university read a stalking trial summary and rendered individual judgments as mock jurors. The main research question of Experiment 1 was how participant gender impacted trial judgments (e.g., verdict) when the gender of both the defendant and victim were manipulated. Overall, the results showed that men rendered significantly fewer guilty verdicts than women, particularly in conditions that included the prototypical type of intimate stalking (female victim/male defendant). In Experiment 2, also using a mock-juror methodology, 129 undergraduates (51 men and 78 women) from a large southeastern U.S. university read a stalking trial summary (involving a female victim and male defendant) and rendered individual judgments as mock jurors. The main research question of Experiment 2 focused on whether victim fear (high or low) impacted trial judgments (e.g., verdict). The results yielded an interaction of participant gender and victim fear. Specifically, whereas different levels of fear did not impact women, men yielded fewer guilty verdicts in the low victim fear condition compared to the high victim fear condition. The results of the present experiments are discussed in terms of the implications of stalking allegations brought to trial.     

An Examination of Happiness, Racism, and Demographics on Judgments of Guilt

A policy-capturing study was conducted to evaluate the roles of both plaintiff and defendant race and gender on judgments of criminal guilt in either an assault or a theti case. It was hypothesized that defendant gender and race would affect likelihood of guilt ratings. Moreover, mock jurors' dispositional happiness, scores of modern racism, and race and gender were explored as potential influences on their decision-making policies and judgments. As predicted, strong support was found for the role of defendant gender on judgments of guilt. However, defendant race did not significantly impact guilt ratings. Post hoc analses revealed the importance of race and gender of the victim to juror decisions. In addition, participants' own race and gender played signiticant roles in the decisionmaking policies that were produced. Limitations of the study are discussed. as are topics for future research.     

Empathy's Relation to Appraisal of the Emotional Child Witness

When observing others, we often try to determine how they ‘really feel’ deep down inside (emotional feeling) regardless of their outward expression (emotional appearance). We examined whether child victim empathy predicts appraisal of a child sexual assault victim's emotional feelings and, in turn, child and defendant believability and verdict decisions. Undergraduates (N = 50) rated photographs of 5‐ and 13‐year‐olds' degree of sadness. Then, a new group of undergraduates (N = 354), randomly assigned within a 2 (victim age) × 2 (victim gender) × 3 (victim sadness: low, medium, and high/teary) factorial design, read trial scenarios accompanied by one of the photographs. Participants rated the victim's emotional feeling and emotional appearance, victim and defendant believability, defendant guilt, and confidence in their verdict. A structural equation model that included a relation between empathy and emotion appraisal fit the data well: Empathy predicted appraisal of the victim's feelings, which, in turn, predicted perceived believability. Implications are discussed.Copyright © 2017 John Wiley & Sons, Ltd.     

Gender‐bias hate crimes: what constitutes a hate crime from a potential juror's perspective?

The current study explored hate crime in a nontypical scenario. Label of the crime (first‐degree assault vs. bias‐motivated assault) and gender of the victim were varied within the context of an attack perpetrated within other gender dyads (i.e., when the victim was female, the perpetrator was male, and vice versa). Results indicated that participants in the assault condition were more likely to find the defendant guilty than those in the hate crime condition. Participants also made differential attributions of victim blame, such that those in the assault condition found the victim to be more mentally unstable than those in the hate crime condition.     

A Comparison of Anglo-American and Mexican-American Jurors' Judgments of Mothers Who Fail to Protect Their Children from Abuse1

Two studies were conducted to determine if people with an individualist cultural background differ from those with a collectivist cultural background (Triandis, 1990) in their adjudication of mothers who fail to protect their children from abuse. In the first study, 452 students evaluated the case of a mother accused of failure to protect her son from physical abuse. In the second study, an additional 334 subjects considered a case of a mother's failure to protect her daughter from sexual abuse. While the verdicts depended on the gender of the juror, female jurors were significantly more likely to convict the defendant; the verdict was independent of ethnicity. However, ethnicity did influence sentencing and whether the juror recommended that the defendant serve time. The results are discussed in terms of cultural influences on discretionary decisions.     

Predicting Rape Empathy Based on Victim, Perpetrator, and Participant Gender, and History of Sexual Aggression

This study examined empathy for a hypothetical rape victim and perpetrator based on gender of victim, perpetrator and participant, and sexual aggression experience. Undergraduates (n?=?591, 333 female) from a United States east coast mid-size public university completed the Rape Victim and Perpetrator Empathy Scales (victim and perpetrator gender experimentally varied), and the Sexual Experiences Survey. Hypotheses were partially supported. Empathy was greater with the victim of a man than a woman. Women with victimization experience were especially empathic with a female victim. Men without victimization experience were relatively non-empathic with a male victim. Empathy was greater with a female than a male perpetrator, especially when her victim was male or when reported by women. A male rapist received the greatest empathy from men with perpetration experience. Findings are consistent with cultural expectations that women are victims and men are aggressors, and may imply that similarity in experience can facilitate rape empathy.