Defendant and juror race in a necessity case: An ultimate attribution error

This study investigated whether Black and White mock jurors would commit the ultimate attribution error (i.e., over-rely on dispositional explanations to understand the negative actions of out-group members) in a necessity defense case. Participants (N = 97) read a fictional looting case, in which the race of the defendant varied. Mock jurors were expected to show out-group severity through more guilty verdicts and blame attributions. Mock juror and defendant race were not significantly related to verdicts, but for the Black defendant, White mock jurors attributed more control to him, and believed he was likely to reoffend more so than did Black mock jurors. This study adds to the literature on the mechanism by which racial bias interferes with juror decisions.     

The impact of juror characteristics and victim health status on the perception of elder physical abuse

An experiment investigated mock juror perceptions of elder abuse using a community sample from Lexington, Kentucky. Two-hundred six men and women ranging in age from 18 to 88 read a fictional criminal trial summary of a case of elder physical abuse (EPA) in which the accuser was described as healthy, frail, or confused. In addition, the influence of participant age, participant gender, and attitude toward the elderly on juror perceptions of EPA was also investigated. Results showed that women had higher conviction rates than did men. Accuser health status, participant age, participant gender, and attitude toward the elderly affected other rating variables including accuser believability, accuser inaccuracy, defendant believability, and verdict confidence. Results suggest implications for how EPA cases are perceived in court.     

Laboratory simulation and bias in the study of juror behavior

Theoretical speculation and meta-analysis suggest that the strength of treatment effects (e.g., defendant attractiveness) may become weaker as the experimental simulation becomes more realistic and complex. In order to test this hypothesis, various levels of biasing pretrial publicity were combined with both a short and a long trial. Results provided no support for the contention that treatment effects act differently as a function of the length of the stimulus trial in which they are embedded. Rather, it is suggested that treatments used in simplified jury simulations may often show similar effects when examined in more realistic, complex settingsif the treatments are comparable.This research was supported by NSF Research grant No. SES 8419944 to the second author, John Carroll, and James Alfini. Portions were presented at the Midwestern Psychological Association Convention, Chicago, May 7–9, 1987.     

The effects of attorney presentation style,attorney gender,and juror gender on juror decisions

Extralegal characteristics of attorneys may play a significant role in the decision-making behavior of jurors. Presentation style, for example, is one factor to which trial lawyers pay a great deal of attention. However, a given style of speech may not be perceived equivalently when used by different speakers. The present study examined the effects of the defense attorney's presentation style and gender, and juror gender on jurors' verdicts and evaluation of the attorney and witness. Undergraduate college students read a brief summary of an assault-and-robbery case, viewed a videotape of either a passive or aggressive male or female attorney interrogating a witness, then rendered a verdict and rated the witness and attorney on characteristics such as competency, credibility, and assertiveness. The results indicated that, overall, aggressive attorneys were more successful at obtaining an acquittal for their clients than passive attorneys, and that male attorneys were more successful than female attorneys; presentation style also interacted with gender of attorney and juror. Some possible mechanisms for these effects are discussed.     

Individual neighborhood attachment and perceptions of neighborhood safety

Macrostructural research in the social disorganization tradition assumes neighborhood structure dictates individual behavior. The current research explores the opposite perspective to determine whether individual attachment to the neighborhood influences perceptions of neighborhood safety. Using the Chicago Metropolitan Area Survey, the results show that loners, persons wishing to move, and renters perceive their neighborhoods as being less safe than attached residents. Implications for future research are offered. Data for this study were made available by the Inter-University Consortium for Political and Social Research.     

The impact of race/ethnicity, neighborhood context, and police/citizen interaction on residents' attitudes toward the police

The purpose of this study was to extend the current knowledge of public attitudes toward the police. Independent variables derived from three models, the demographic, the neighborhood context, and the police/citizen interaction models, were used to explain public perceptions of the police. More specifically, public attitudes toward the police was measured in two dimensions— General Attitudes toward the police and Specific Trust in the police. The data was obtained by a telephone survey of 756 respondents in Houston, TX in 2008. The primary findings suggested that race, gender, age, victimization, and satisfaction with police work were significant predictors. Hispanic respondents reported lower levels of General Attitudes toward the police than their White counterparts. In addition, there was no significant difference between Whites and Hispanics in terms of Specific Trust in police such as the use of Taser guns. These results and their practical implications for police agencies were addressed in discussion.     

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.     

Playing the race card: Making race salient in defence opening and closing statements

Purpose. Researchers have reported that making a Black defendant's race salient reduces White jurors' tendency to find Black defendants guilty ( Sommers & Ellsworth, 2000 ). We examined whether making race salient by including racially salient statements in the defence attorney's opening and closing statements (i.e., ‘playing the race card’) reduced White jurors' racial bias against a Black defendant. Method. We obtained scores on racial attitudes for 151 White college students who participated in an experiment where defendant race (Black, White) and race salience (not salient, salient) were manipulated in a between‐subjects design. Participants read one of four trial stimuli and completed dependent measures. Results. ‘Playing the race card’ reduced White juror racial bias as White jurors' ratings of guilt for Black defendants were significantly lower when the defence attorney's statements included racially salient statements. White juror ratings of guilt for White defendants and Black defendants were not significantly different when race was not made salient. This effect was separate from jurors' level of prejudice (as measured by racial attitudes) as high prejudice participants were more likely than low prejudice participants to find the Black defendant guilty, independent of the race salience manipulation. Conclusion. Our study indicated that an explicit attempt by a defence attorney to ‘play the race card’ was a beneficial trial strategy a defence attorney could use to reduce White jurors' bias towards Black defendants. However, the beneficial effect of such a strategy may not reduce White jurors' bias towards Black defendants for all White jurors.     

Admitting evidence of a defendant's previous conviction (PCE) and its impact on juror deliberation in relation to both juror‐processing style and juror concerns over the fairness of introducing PCE

Purpose. To examine the impact of admitting previous conviction evidence (PCE) on juror and jury deliberation. Major questions are: (1) Is there is an association between the inclusion of PCE and confidence in a defendant's guilt using a relatively rich trial simulation? (2) Does PCE invoke jurors’ considerations of fairness to the defendant? (3) Is heuristic processing (HP) associated with a prejudicial interpretation of evidence? Methods. In experiment 1 (n= 82), individual jurors were asked to recall evidence, express opinion, and justify verdicts on the two counts of Affray and Grievous Bodily Harm (GBH). In experiment 2 (new n= 121), PCE information was emphasized and a jury deliberation condition was included. Results. There was no simple association between admitting PCE and judgements of guilt. However, both interviews and jury deliberations indicated careful consideration of evidence. In particular, juror arguments showed that some were troubled by PCE, which they saw as unwarranted and therefore unfair to the defendant. Finally, HP was associated with both a prejudicial focus on the defendant's character and a higher confidence in guilt. Conclusions. A simple link between PCE and judgements of guilt may only hold in relatively circumscribed experimental simulations. Results also indicate that the introduction of PCE is unlikely to aid evidence‐based deliberation without careful testing of different forms of judges’ explanation concerning PCE.     

Sexual harassment stories: testing a story-mediated model of juror decision-making in civil litigation

The story model of juror decision-making proposes that jurors use personal experience and information presented at trial to create stories that guide their verdicts. This model has received strong empirical support in studies using criminal cases. The research presented here extends the story model to civil litigation and tests a story-mediated model against an unmediated model of jury decision-making. In Phase 1, content analysis of mock juror responses to 4 realistic sexual harassment cases revealed prototypic plaintiff and defense stories. In Phase 2, these prototypic stories were included as mediators in a model predicting verdicts in 4 additional sexual harassment cases. Mock juror attitudes, experiences, and demographics were assessed, then attorneys presented abbreviated versions of 4 actual sexual harassment cases. Path analyses provided support for the story-mediated model, which added significantly to the amount of variance accounted for in the outcome measures of verdict, commitment to verdict, and confidence times verdict. Implications for sexual harassment and other types of civil cases are discussed.     

The role of race/ethnicity and race relations on public opinion related to the immigration and crime link

This article examines two hypotheses related to public opinion concerning immigration and crime. Using data from a recent Gallup poll with oversamples of Hispanics and Blacks, the research examined whether race/ethnicity and race relations matter in the public's opinion of the connection between immigration and crime. After a series of models were performed, results of the final model revealed that race relations, gender (specifically, being male), race/ethnicity, and immigrant status are influential in contextualizing public opinion on the topic. The meaning and policy implications of these findings are also reviewed.     

The jurisprudence of race and meritocracy

This article examines the jurisprudential interrelationships between the concept of merit, the tradition of legal individualism, and various doctrines of employment discrimination law. Specifically, we review evidence of continuing racial disparities in income and employment that have persisted despite decades of litigation to reduce or eliminate them. We argue that the unique jurisprudential role played by the concept of merit has undermined legal attempts to address the structural causes of racial discrimination in the workplace. We further suggest that the use of standardized employment tests and the nature of the legal doctrines that govern their use reflect certain outmoded meritocratic assumptions that, by individualizing the nature of racial disparity, contribute to continuing group disadvantage in the workplace.     

Determination of sex and race from the subpubic angle in Ugandan subjects

The accurate determination of sex and race are important tools to forensic and physical anthropologists. In this study, the sex and race of 205 adult Ugandans were determined from the antero-posterior radiographs of the pelvis by measuring their subpubic angles. The angle ranged from 50 to 140 degrees with a mean of 93.86 degrees and standard deviation (SD) of 21.12 degrees for males and 75 to 155 degrees with a mean of 116.11 degrees (SD, 17.79 degrees) for females. The angle was significantly wider in women than men (P < 0.05), as indeed has previously been shown in other population groups studied. Using the demarking point method, 31.82% of Ugandan men and 10.53% of Ugandan women could be accurately sexed. However, more Malawians of both sexes previously studied had lower values for the angle and could be more accurately sexed. This study has also documented regional and racial variability of this angle among different population groups previously documented. Using the watershed subpubic angle derived from the means of this study and those of previously documented studies, 63% of Ugandans and 71% of Malawians could be accurately assigned to the black race. This method is recommended to physical and forensic anthropologists in the developing world.     

Examining social cohesion and victimization in a Malaysian multiethnic neighborhood

The ecological theories linking neighborhood characteristics to victimization have rarely been tested in Asia. This article examines three conceptual models of social cohesion (collective efficacy, sense of belonging and feeling of morale) that are designed to explain the residents' victimization in Malaysia. This study focuses on the effects of social cohesion on crime using a sample of 294 ethnically diverse residents living in a high-crime neighborhood. The study shows the relevance of all three conceptual models in predicting victimization for both males and females. The findings indicate that a greater sense of belonging and feeling of morale among the neighborhood residents is significantly associated with lower levels of victimization. Contrary to the literature, the collective efficacy measure was associated with higher reported victimization. Our model also links social cohesion measures to neighborhood racial heterogeneity, a finding that adds knowledge to the study of ethnic diversity and crime–community relationships.     

Metric assessment of race from the pelvis in South Africans

It is well known that there are measurable differences between whites and blacks in the size and proportions of skeletal components. There are also metric differences among populations within these racial phenotypes. The population specific quantification of this variation can be used to aid in the identification of racial affinity in the absence of a more racially definitive skeletal element like the skull. Therefore, the purpose of this research is to quantify these differences in the pelvis of South African whites and blacks. A sample of 400, ostensibly healthy known sex/race os coxae was examined. Skeletal material was obtained from the Pretoria and Dart collections. A series of 13 measurements were taken Data were subjected to SPSS stepwise and direct discriminant function analysis. Pubic length was chosen as best for discriminating between races for males and iliac breadth as best in females. Highest average accuracies (Function 1) were 88% for males (pubic length, greater sciatic notch posterior width, acetabulum diameter, total height) and 85% for females (pubic length, greater sciatic notch posterior width, acetabulum diameter, iliac breath). In conclusion, this research resulted in the development of standards of identification tailored to this population and unquestionably demonstrates that race differences in the skeleton are highly significant and must be considered in all skeletal analyses.     

Law and the middle class

This paper draws upon ethnographic evidence from a suburb of New York City to address the relationship between social class and the use of law. In the community studied, middle-class people are less likely than working-class people to complain to legal officials about the conduct of their personal associates such as relatives and neighbors. It appears that the greater transiency and atomization of middle-class people militate against their use of law by reducing the amount of negative information antagonists have about one another and by making avoidance a more attractive means of conflict management. Beyond this, the higher social status of middle-class people itself seems to result in a greater reluctance to use law in personal matters: Because they are generally equal or superior to legal officials in social standing, middle-class people are less willing than lower-status people to submit to their judgment. In light of this, it may be necessary to qualify the prevailing view that higher-status people have a greater propensity to use law as a means of conflict management. Where personal matters among themselves are concerned, the opposite may be the truth.An earlier version of this paper was presented at the Annual Meeting of the Law and Society Association, Madison, Wisconsin, June 1980. For commenting upon various aspects of the work presented here, I would like to thank Donald Black, Kai Erikson, Sally Engle Merry, Frank Romo, Susan S. Silbey, and Stanton Wheeler.