| Abstract: | Decision-making theory suggests that jurors will tend to choose the verdict that maximizes the expected gains minus the expected losses of each decision. Capital punishment (as compared to a maximum sentence of life imprisonment) would seem to increase the perceived negative consequences of a guilty verdict without affecting the consequences of a non-guilty verdict. This should make guilty decisions less likely. To test this prediction, questionnaires were sent to all jurors who had served on 32 first degree murder trials in which capital punishment was not in effect and who reached guilty verdicts. They were asked whether their verdicts in the murder trial would have been affected if capital punishment had been a possible sentence. Thirty percent of the respondents replied that they would have been less likely to vote guilty, whereas only 3% said they would have been more likely to vote guilty. Of the 32 separate jury panels, 30 had at least one person who indicated that he or she would have been less likely to vote guilty; and in 7 trials, 50% or more of those who responded gave this answer. The results appear to indicate that the possibility of a death sentence reduces the likelihood of a guilty verdict. |
