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The Influence of Race, Heuristics, and Information Load on Judgments of Guilt and Innocence

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Abstract

This study applies the heuristic-systematic model to explore the influence of race and judicial-system heuristics on jury decision-making. In a mock-jury investigation, a 3 × 2 experimental design varied a trial description's information load (high, medium, low) and defendant's race (Caucasian, African American). Two participant groups (Caucasian, African American) judged defendant characteristics and guilt. Observations demonstrate that race and legal-system heuristics alter guilt judgments. First, although Caucasian judgments were unaffected by race, an accused African American benefited from disproportionately positive judgments by African American appraisers. Second, information load moderated heuristic influence on guilt judgments. High load strengthened the negative effect of perceived judicial-system bias on verdicts of innocence.

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... While jurors may want more experts to testify during the trial, Levett and Kovera (2008) have found that opposing expert testimony can create scepticism in jurors about all the expert testimony and lead to more guilty verdicts. Moreover, jurors who must process greater amounts of information tend to use heuristics (e.g., stereotypes) and misinterpret evidence, potentially making their verdict all the more biased and difficult to reach (see Horowitz & Bordens, 2000; see also Horowitz, Bordens, Victor, Bourgeois, & ForsterLee, 2001;Tamborini, Huang, Mastro, & Nabashi-Nakahara, 2007). ...
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Women are more likely to be perceived as having a mental disorder than men are (McGlynn, Megas, & Benson, 1976). Accordingly, legal decision-makers are more likely to attribute a woman offender’s actions to mental illness in comparison to offenders who are men in insanity trials (see Yourstone, Lindholm, & Svenson, 2008). The purpose of this dissertation was to examine mock jury deliberations in a fabricated Not Criminally Responsible on Account of Mental Disorder case. I first examined the impact of defendant gender on jurors’ expressions of stereotype content (warmth and competence words) and affect. I used an exhaustive Stereotype Content domain dictionary to guide my directed quantitative content analysis of mock jurors’ group deliberations. I used the Linguistic Inquiry Word Count program (LIWC; see Pennebaker, Francis, & Booth, 2001) to comb deliberation transcripts to examine mock jurors’ affect towards the defendant (based on the language they used). Second, I examined how juror gender relates to verdict decisions; third, I examined how juror gender relates to speaking roles in deliberations. Fourth, I conducted a thematic analysis of the deliberations and examined how themes related to defendant and juror gender. Overall, these studies did not find significant differences in jurors’ use of stereotype content language or affect for men and women defendants. Moreover, I did not find a significant difference in the deliberation styles of women and men jurors. Through the thematic analysis, I found that jurors were generally focused on the mental health status of the defendant and the legitimacy of the NCRMD plea. The present research is of particular importance in Canada, where there is generally no procedural allowance for psycho-legal scholars’ questioning of jurors about their social attitudes (e.g., about women) before the trial and about their deliberations after the trial. As such, this dissertation provides a unique and exploratory “inside look” into how prospective jurors’ stereotypes and prejudices about the defendant’s gender may factor into deliberations in NCRMD trials.
... Since the set of stimuli presented to the respondents did not follow this base female criminality rate but had a significantly higher proportion of female criminals (50%), a more accurate identification of non-criminals than criminals was not a surprise. Also, it might be the case that in some females, when judging criminality from other female faces, the heuristics of "the presumed innocence" becomes activated (Johnson et al., 2018;Tamborini, Huang, Mastro, & Nabashi-Nakahara, 2007). ...
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Every day, people make quick, spontaneous and automatic appearance-based inferences of others. This is particularly true for social attributes, such as intelligence or attractiveness, but also aggression and criminality. There are also indications that certain personality traits, such as the dark traits (i.e. Machiavellianism, narcissism, psychopathy, sadism), influence the degree of accuracy of appearance-based inferences, even though not all authors agree to this. Therefore, this study aims to investigate whether there are interpersonal advantages related to the dark traits when assessing someone's criminality. For that purpose, an on-line study was conducted on a convenience sample of 676 adult females, whose task was to assess whether a certain person was a criminal or not based on their photograph. The results have shown that narcissism and Machiavellianism were associated with a greater tendency of indicating that someone is a criminal, reflecting an underlying negative bias that the individuals high on these traits hold about people in general.
... Indeed, persuasive evidence in the literature shows juror performance suffers under high cognitive load. For example, jurors who must process greater amounts of information in a trial have been shown to use heuristics, struggle to return appropriate verdicts, and even misinterpret evidence (Horowitz & Bordens, 2000;Horowitz, Bordens, Victor, Bourgeois, & ForsterLee, 2001;Horowitz, ForsterLee, & Brolly, 1997;Tamborini, Huang, Mastro, & Nabashi-Nakahara, 2007). Although one might argue these findings have limited ecological validity due to the use of mock juror paradigms, research with actual jurors has yielded similar results, with juror confidence decreasing as the amount of information to be processed increases (Heuer & Penrod, 1994). ...
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The Court of Appeal in England and Wales held (R. v. Sardar, 2012) there had been no exceptional circumstances that justified a jury retiring with a transcript of the complainant's interview. This paper reports an investigation into the impact multiple evidence forms and use of a judicial warning has on juror evaluations of a witness. The warning focuses juror attention on placing disproportionate weight on the evidence as opposed to their general impression of it. Sixty jury-eligible participants were presented with witness evidence in transcript, video, or transcript plus video format. Half the participants in each condition received the warning. All mock jurors completed a questionnaire which assessed perceptions of witness and task. Outcomes showed that transcript plus video evidence, when accompanied by a warning, did impact on mock jurors' global assessments of the witness. The warning made the task less clear for jurors and, in the video condition, led to higher ratings of how satisfactory and reliable the witness was. Findings support the provision of a judicial warning to jurors and show some initial support for judiciary opposition to the provision of an additional transcript only when jurors are asked to make the more usual global witness assessments.
... Examination of the American criminal justice system reveals that race plays an influential role in the courtroom, with racial minorities at a clear disadvantage (Mitchell, Haw, Pfeifer, & Meissner, 2005). That is, minority individuals are more likely to be linked with a crime, and then subsequently treated more severely by judges and juries alike (Blair, Judd, & Chapleau, 2004;Bottoms, Davis, & Epstein, 2004;Eberhardt, Davies, Purdie-Vaughns, & Johnson, 2006;Oliver, Jackson, Moses, & Dangerfield, 2004;Tamborini, Huang, Mastro, & Nabashi-Nakahara, 2007;Sommers & Ellsworth, 2001). Given that approximately 3 million minorities enter the criminal justice system every year (Federal Bureau of Investigation, 2007), such racial biases should be a significant concern for legal practitioners. ...
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The study examined how the in-group/out-group status of a perpetrator of a distinctly violent crime might influence an eyewitness's evaluation of his behavior and a witness's performance in an identification task. Immigrant and Swedish students saw a film showing a simulated robbery, with an immigrant or a Swede as the perpetrator. Results showed that both groups evaluated an ethnically dissimilar perpetrator as more culpable than an ethnically similar perpetrator. In a line-up task, both immigrant and Swedish participants mistakenly identified an innocent immigrant more often than an innocent Swede. Participants' biased evaluations of the perpetrator are discussed in terms of cognitive and motivational mechanisms. Expectations regarding the typical ethnicity of a perpetrator of this type of crime are suggested to account for the findings of the line-up task.
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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.
Downloaded by [Northeastern University
  • R Tamborini
R. Tamborini et al. Downloaded by [Northeastern University] at 19:45 21 October 2014
Heuristic application and the juridic-decision making process: The role of media exposure and racial stereotypes Unpublished doctoral dissertation Unidimensional measurement, second order factor analysis, and causal models
  • R Huang
Huang, R. (1998). Heuristic application and the juridic-decision making process: The role of media exposure and racial stereotypes. Unpublished doctoral dissertation, Michigan State University, East Lansing, Michigan. Hunter, J. & Gerbing, D. (1982). Unidimensional measurement, second order factor analysis, and causal models. In B. Staw & L. Cummings (Eds.), Research in organizational behavior (Vol. 4, pp. 267–320). Greenwich, CT: JAI Press, Inc.