Another look at social psychological aspects of juror bias

Two trials were constructed by tape recording verbatim reports taken in court. One was a case of theft, the other of rape, involving two defendants and varying the amount of incriminating evidence. Subjects were recruited to listen to the trials and reach a verdict after deliberation. The recruitment of subjects was done by door-to-door survey methods aiming at producing a series of juries whose composition was representative of the adult population of Greater London. Thirty-four juries considered the theft case, and 26 the rape case, respectively 319 and 257 subjects. The results indicate that few variables correlate with the verdict, either before or after the verdict. In general, there was a slight tendency for younger (up to 25) and older (above 40) jurors to prefer to acquit. In terms of attitudes and personality, the only general finding was that people with most favorable views towards the jury system tended to wish to convict.     

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.     

Roles of neighborhood race and status in the middle stages of juror selection

This study investigated impacts of neighborhood race, status, and stability on the likelihood that summoned citizens would appear at the courthouse for jury duty using a full year of geocoded summoning data from Philadelphia, Pennsylvania (n = 256,204). A theoretical model based on jury selection models and the sociology of settlement patterns connected potential juror yield or turnout with neighborhood stability, and racial and status composition. Multilevel models using census block groups as neighborhoods and controlling for spatial autocorrelation found, as predicted, that yield varied significantly across neighborhoods, and was lower in lower status neighborhoods, less stable neighborhoods, more predominantly Asian neighborhoods, and more predominantly Hispanic neighborhoods. As predicted by work on neighborhood integration, effects of African-American racial composition depended on the stage of neighborhood integration. Overall, the net effect of increasing African-American neighborhood racial composition was to increase yield. A significant spatial lag effect suggested localized dynamics operating beyond neighborhood boundaries.     

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.     

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.     

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.     

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.     

Evidence for bias in hair testing and procedures to correct bias

A number of in vitro experiments show that different hair samples incorporate differing amounts of drugs under identical conditions. Incorporation of cocaine and morphine tends to be correlated with race, in that the hair of African American females incorporates higher concentrations of cocaine than does the hair of Caucasian males or females. Extrapolation of these data into populations has been fraught with difficulties because the dosages of drugs and their use patterns are unknown. Cosmetic treatments and hygiene alter drug binding, which must be considered in comparing populations because cosmetic treatments are often group dependent. Four reasons are proposed that account for the uptake and retention of drugs by hair and that may differ among groups: (1) permeability and other characteristics of the hair due to genetic influences, (2) cosmetic hair treatments and hair care habits (which may be culturally influenced), (3) drug removal during personal hygiene, and (4) manner and route of drug administration which can affect passive exposure to residual drugs in the environment. The data supporting bias in hair testing are reviewed and methods are proposed that use either the uptake of dyes or the incorporation of drug homologs to reduce bias.     

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.     

Determinations of negligence and the hindsight bias

Examined the hindsight bias in determinations of negligence inTarasoff-type cases. The sample of 297 community residents was asked to read clinical case scenarios involving treatment of potentially dangerous patients. Scenarios varied by outcome: (1) the patient became violent, (2) the patient did not become violent, and (3) no outcome was specified. Respondents rated the foreseeability of violence, the reasonableness of therapist actions, and negligence. It was hypothesized that respondents who were informed that the patient became violent would be more likely to find the therapist negligent than respondents in the other two outcome conditions. Findings supported this, and respondents in the violent outcome condition rated the violence as more foreseeable and therapist actions as less reasonable. Implications for mental health and legal professionals are discussed and future research ideas are suggested.     

Class bias in the criminal law

Crime, Law and Social Change -     

BOLD—fMRI在肇事肇祸精神分裂症研究中综述

综述了肇事肇祸精神病患者脑功能异常区以及异常区之间的相互关系。主要采用事件相关的图片线索诱导一中性线索反应模式的fMRI扫描,对司法鉴定为精神病患者进行的探索实验性研究。结果表明,双侧大脑额叶、颞叶区域存在多个脑功能激活区。因此,脑功能成像（fMRI）可以作为肇事肇祸精神病司法鉴定的一个有效手段。     

精神分裂症患者病理性“正当防卫”行为的研究

目的探讨病理性防卫对精神分裂症患者凶杀行为的影响及相关犯罪学的特征。方法以61例具有病理性防卫行为的精神分裂症患者凶杀案为研究组,以73例无病理性防卫行为的精神分裂症患者凶杀案为对照组,采用犯罪学调查表进行调查分析。结果具有病理性防卫行为的精神分裂症患者凶杀案中幻觉（χ2=5.69,P〈0.05）及被害妄想（χ2=28.87,P〈0.01）多见;作案动机以病理动机突出（χ2=50.22,P〈0.01）,很少出现现实动机（χ2=15.57,P〈0.01）,案发时行为的紧迫性十分明显（χ2=63.17,P〈0.01）;刑事责任能力评定为无责任能力者明显多于对照组（χ2=16.12,P〈0.01）;疾病诊治情况,研究组未经诊治情况较多见（χ2=5.09,P〈0.05）。结论病理性防卫与正当防卫理论存在某些相同点,在具有病理性防卫行为的凶杀案中,借鉴正当防卫理论,对评定刑事责任能力具有一定的参考价值。     

行政执法行为适用依据研究

行政执法适用依据的性质决定行政行为的合法性;受益行政行为与不利行政行为均需具备法定依据;法定依据不同与法律依据,实践中其界定的标准具有多维性;适用依据的行为具有两重性。     

Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength

The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.