Race and the decision making of juries

The relationship between race and jury decision making is a controversial topic that has received increased attention in recent years. While public and media discourse has focused on anecdotal evidence in the form of high‐profile cases, legal researchers have considered a wide range of empirical questions including: To what extent does the race of a defendant affect the verdict tendencies of juries? Is this influence of race comparable for jurors of different races? In what ways does a jury's racial composition affect its verdict and deliberations? The present review examines both experimental and archival investigations of these issues. Though the extant literature is not always consistent and has devoted too little attention to the psychological mechanisms underlying the influence of race, this body of research clearly demonstrates that race has the potential to impact trial outcomes. This is a conclusion with important practical as well as theoretical implications when it comes to ongoing debates regarding jury representativeness, how to optimize jury performance, jury nullification and racial disparities in the administration of capital punishment.     

PERCEPTIONS OF THE WORK ENVIRONMENT AMONG CORRECTIONAL OFFICERS: DO RACE AND SEX MATTER?*

This article examines the relationship between race and sex and perceptions of the work environment among correctional officers. It addresses four central questions: (1) Are there race and sex differences among correctional officers in their perceptions of the work environment? (2) Do characteristics of the job and the institutions in which officers work account for these differences? (3) Do these differences attenuate over time? (4) Are there factors that mediate the relationship between race and sex and perceptions of the work environment? These issues are explored using data drawn from the correctional officer sub-sample (N= 2,979) of the 1992 administration of the Prison Social Climate Survey. Findings indicate that race and sex do play a role in shaping officers’ perceptions of the work environment, that these differences between groups are not completely accounted for by job or institutional characteristics and do not attenuate over time, and that there are factors that mediate the relationship between race and sex and workplace perceptions. Among minority male officers, greater efficacy in working with inmates appears to be an important factor in creating lower levels of job stress, while white female officers’ higher levels of overall job satisfaction are accounted for largely by a more positive evaluation of the quality of supervision.     

Legal Constraints on the Use of Race in Biomedical Research: Toward a Social Justice Framework

This article addresses three questions concerning the legal regulation of the use of race as a category in biomedical research: how does the law currently encourage the use of race in biomedical research?; how might the existing legal framework constrain its use?; and what should be the law's approach to race-based biomedical research? It proposes a social justice approach that aims to promote racial equality by discouraging the use of "race" as a biological category while encouraging its use as a socio-political category to understand and investigate ways to eliminate disparities in health status, access to health care, and medical treatment.     

Discourse of decency: white nationalists,white antiracists,and the criminality of color

Contemporary research on white racial attitudes on race and crime reflect a grouping of opinions on a traditional liberal-conservative scale. These two groupings reflect what sociologists and political scientists call ‘issue constraint’ or a ‘clustering’ of ideas into a specific ideological worldview. Many now argue this gulf is growing; a white ‘culture war’ that many interpret as evidence of the increasing fracturing and political bifurcation of white racial identities over ‘hot button’ topics like race and crime. While a substantial literature on race and crime finds white racial attitudes to vary by educational level and political orientation, we know less about shared understandings of crime and race in relation to the processes of white racial identity formation. Rather than view attitudinal statements on race and crime as accurate reflections of essential different and static white racial political positions or ideological orientations, additional scholarship can examine discourse on crime and race as constitutive of the white identities that wield them. Drawing from an ethnographic study with conservative white nationalists and liberal white antiracists, this paper addresses the following question: what is the relationship between discourse on crime and race and the ongoing process of white racial identity formation?     

Are police-reported driving while Black data a valid indicator of the race and ethnicity of the traffic law violators police stop? A negative answer with minor qualifications

Are police-reported driving while Black data a valid indicator of the race and ethnicity of the drivers police stop? This research answered that question by advancing the first multivariate analysis of race and ethnicity missingness in the traffic stop data reported by Boston police during April and May of 2001. The most important multivariate story the data tell was that race and ethnicity missingness was significantly nonrandom on multiple dimensions, including the second month of data collection, for drivers living in zip codes with above average and average people of color, for drivers living in zip codes with above average and average poor people, and for drivers whose stop ended in a ticket. The results therefore supported a clear answer to a fundamentally important question about the validity of the driving while Black data reported by police. Based upon the present research and with minor qualifications, police-reported driving while Black data were not valid because they underestimated the frequency with which police stop drivers of color.     

Do blind people see race? Social, legal, and theoretical considerations

Although the meaning, significance, and definition of race have been debated for centuries, one thread of thought unifies almost all of the many diverging perspectives: a largely unquestioned belief that race is self-evident and visually obvious, defined largely by skin color, facial features, and other visual cues. This suggests that “seeing race” is an experience largely unmediated by broader social forces; we simply know it when we see it. It also suggests that those who cannot see are likely to have a diminished understanding of race. But is this empirically accurate?I examine these questions by interviewing people who have been totally blind since birth about race and compare their responses to sighted individuals. I not only find that blind people have as significant an understanding of race as anyone else and that they understand race visually, but that this visual understanding of race stems from interpersonal and institutional socializations that profoundly shape their racial perceptions. These findings highlight how race and racial thinking are encoded into individuals through iterative social practices that train people to think a certain way about the world around them. In short, these practices are so strong that even blind people, in a conceptual sense, “see” race. Rather than being self-evident, these interviews draw attention to how race becomes visually salient through constitutive social practices that give rise to visual understandings of racial difference for blind and sighted people alike. This article concludes with a discussion of these findings' significance for understanding the role of race in law and society.     

College students’ perceptions of police use of force: do suspect race and ethnicity matter?

Incidents of police use of force continue to draw a considerable amount of attention from both researchers and the public alike. The purpose of this research is to examine the relationship between suspect race and ethnicity and perceptions of police use of force among college students. Using a vignette research design with manipulated independent variables, this study seeks to answer the question: Do suspect race and ethnicity affect college students’ perceptions of police use of force? Three vignettes were developed regarding an incident in which an encounter between a suspect and a police officer resulted in the officer using force. College students were randomly assigned to one of the three vignettes and were asked to complete a questionnaire. Results indicate that although suspect race and ethnicity do not predict perceptions of police use of force among college students, there are significant respondent race and gender effects. Male and white respondents are significantly more likely to perceive police use of force as justified compared to female and non-white respondents. The policy implications of these findings for police-citizen interactions are discussed.     

The Color of Their Skin or the Content of Their Behavior? Race and Perceptions of African American Legislators

Abstract: Previous studies have shown that, because of their race, African American candidates for public office are often evaluated less favorably than their colleagues by voters. Does this dynamic continue when black candidates become elected officials? Using data on the North Carolina General Assembly, I address this question by examining the effects of race on perceptions of legislative effectiveness. When the dependent variable is the average effectiveness rating given by three groups—lobbyists, journalists, and other legislators—there is evidence that African American representatives are evaluated negatively because of their race. When the dependent variable is disaggregated into the separate effectiveness ratings given by each of the respondent groups individually, these negative perceptions of blacks on account of race remain on the part of lobbyists and other legislators, but not for journalists. Moreover, the negative perceptions of black representatives are not mitigated by these representatives possessing certain characteristics (e.g., seniority and leadership positions) that previous studies have found to be correlated with positive effectiveness evaluations. The presence of an African American Speaker in one legislative session did, however, seem to attenuate the negative perceptions.     

The showup identification procedure: An exploration of systematic biases

Purpose. Showups are common, yet little research has investigated the biasing factors that may influence showup identifications. We investigated the effects of cross‐race conditions and clothing bias on showup identification decisions. Additionally, we explored identification decisions made in a subsequent lineup dependent on race, clothing, and showup‐target‐presence. Methods. Participants watched a mock crime and were presented with a showup in which suspect race, target‐presence, and the clothing worn by the suspect were varied. Following a delay, participants viewed a target‐present or ‐absent lineup and were asked to make a second identification decision. Results. Presentation of the suspect in the clothing worn by the perpetrator increased choosing rates in both own‐race and other‐race conditions. Despite this, differential patterns of decision response latencies indicated that eyewitnesses may use clothing information differently when making own‐race compared to other‐race identification decisions. No evidence for an own‐race bias in showup identifications was found; however, other‐race lineup identifications were less accurate than own‐race lineup identifications. Further, participants in own‐race and other‐race conditions differed in the extent to which they were affected by multiple identification procedures. Viewing an own‐race innocent suspect in a showup increased subsequent false lineup identifications, while choosing the innocent suspect from the showup was necessary to increase false lineup identifications in other‐race conditions. Conclusions. Different situational factors may affect the identification accuracy of eyewitnesses in own‐race and other‐race conditions for both showup and lineup procedures. Particular caution is advised when showups are clothing‐biased and multiple identification procedures are used.     

Correlates of Mortality in a U.S. Cohort of Youth, 1980–98: Implications for Social Justice

This paper reports results of a study based on a nationally representative sample of U.S. youth (N = 11,549) that asked two questions: (1) How does family structure affect the likelihood of adolescent death beyond that of race/ethnicity, sex, socioeconomic status, personal behavior, and other structural factors and (2) under what conditions might appeals for social justice be warranted for relative mortality statuses and for absolute gains in mortality? The study found that marital instability increases the likelihood of dying when controlling for a variety of other factors including class, race/ethnicity, sex, and unemployment rate in area of residence. The author argues that this finding lends support to social justice arguments to redistribute resources in such a way as to ensure the likelihood of absolute gains in mortality. The study also found, however, that race/ethnicity/sex also accounted for the likelihood of dying independently of family structure when controlling for socioeconomic and other factors. The author argues that this finding lends support to social justice arguments to redistribute resources on the basis of relative mortality statuses.     

A test of the auricular surface aging technique

A recently developed technique used in the estimation of age at death is based upon the metamorphosis of the auricular surface of the ilium. This technique was designed to be used in seriation to estimate the age distribution of a skeletal sample. However, the technique has also been used in forensic science cases, which must be analyzed on a case-by-case basis. The present study examines the use of the auricular surface technique as the single aging factor. Two hypotheses are tested using a sample of 189 individuals drawn from the Terry Collection, housed at the Smithsonian Institution. The hypotheses are (1) is the method equally applicable across race and sex, and (2) how well does the method perform as the single aging factor? The results indicate that the amount of degenerative change in the auricular surface is not dependent upon race or sex in any given age category. However, the rate of degenerative change is too variable to be used as a single criterion for the estimation of age; the range of estimation error is simply too large for forensic science purposes.     

Determinants of black and white attitudes toward gun regulation: A research note

Should one expect different determinants of gun regulation attitudes for blacks and whites? This question is addressed using survey information on 1,361 whites and 129 black from the 1976 National Opinion Research Center General Social Survey. Results indicate that the pattern of relationships on the issue of gun regulation differ very little by race. This does not, however, preclude the possibility of racially different reasons for the same association or a racially differentiated association.     

JUDGES' UNEQUAL CONTRIBUTIONS TO EXTRALEGAL DISPARITIES IN IMPRISONMENT*

How do judges in the same court system contribute differentially to extralegal disparities in sentencing? Analyses of felony sentencing in an urban Ohio trial court uncovered two distinct but equal-sized groups of judges that differed in the magnitude of extralegal correlates to imprisonment. Within the group of judges reflecting substantive extralegal correlates to prison sentences, demographic correlates (based on defendants' race, sex, age, and the interaction between them) were more pervasive across judges relative to social demographic correlates (based on education, residence length, and means of financial support). The directions of significant relationships involving a defendant's race, age, and means of support also were inconsistent across judges. These interjudge differences suggest that analyses of cases pooled across judges at either the jurisdiction or the state level might over- or understate the relevance of particular attribution theories of sentencing disparities.     

Driving While Black

Abstract

The phenomenon of “driving while black” has ignited a heated debate: Do the police use race to target drivers? Most research on the topic compares the number of police stops and searches for a racial group to that group's distribution in the population. This approach ignores sociological theories of law, the driver's social status, the combined influence of race and sex, and whether the driver carries drugs in the car. In addition, the police are aware of being observed. To address these limitations, we surveyed undergraduates (N = 1,192) at one of the most diverse universities in the nation about their experiences with the police and their personal criminal behavior. Drawing on Black's (1976) theory of law, we examine whether a driver's race, sex, and social status influence police behavior (stop, exit, frisk, search, ticket/arrest). We also examine which drivers are most likely to have drugs in the car. The results suggest that a driver's race, sex, and social status all shape police behavior: African American men and Hispanic men experience more social control than white men; all men experience more social control than women; and low status drivers experience more social control than high status drivers. But despite the police focus on minority males, white males were the most likely to report carrying drugs in the car.     

Correctional Officers and Domestic Violence: Experiences and Attitudes

This article presents the first statewide data regarding correctional officers’ attitudes about and personal experiences with domestic violence. Online surveys were administered to Florida correctional officers asking a series of questions, including their beliefs and attitudes about the prevalence of domestic violence among colleagues, and their childhood and adult experiences with domestic violence. Results from 710 officers revealed that 33?% of respondents knew about correctional officers who had committed unreported domestic violence; 30?% reported that they had directly experienced domestic violence as children; and over 11?% reported that they had been physically violent with an intimate partner. Multivariate statistics showed that age, race, and childhood experiences with domestic violence were significantly related to correctional officers reporting being physically abusive to an intimate partner or family member. These and other findings highlight the need for increased agency prevention efforts and research on the phenomenon of correctional officer-involved domestic violence.     

Morphological variation in cervical spinous processes: potential applications in the forensic identification of race from the skeleton.

Determination of race (ancestry) is an important step in the identification of individuals in forensic cases. Race is most commonly assessed using cranial traits. Few reliable postcranial indicators are known. In this study, the frequency of bifidity of cervical spinous processes at different vertebral levels was examined in a sample of 359 Americans of African (black) and European (white) descent. The sample was selected from the Hamann-Todd collection, a large modern anatomical collection of known sex and race. Spinous processes were classified as "bifid," "partially bifid," or "nonbifid" based on previously defined criteria. Sex and race were kept entirely unknown to the classifier (S.M.D.) during data collection. Data were analyzed using Chi-square and logistic regression analysis. At C2, most individuals (91%) had bifid spinous processes. At C7, nearly all (98%) had nonbifid spinous processes. Significant differences between race/sex subgroups were found at C3-C6. At each of these levels, whites showed a higher frequency of bifidity than blacks and males a higher frequency of bifidity than females. Differences between races were greater than differences within races. Logistic regression analysis revealed C3 and C4 to be the most useful levels for identifying race. Based on these levels, 76.05% of a validation subsample was correctly classified by race (80.25% for whites, 72.09% for blacks). Pending further study, morphology of the cervical spinous processes may provide an additional method for the determination of race in skeletal forensic cases.     

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.     

Race,economy and punishment: inequity and racial disparity in imprisonment, 1972–2002

Guided by the Rusche and Kirchheimer thesis, this study examines variation in incarceration rates across states. Time-series regression analysis is applied to 30?years of state-level data to examine how economic factors interact with aggregate measures of race/ethnicity in predicting rates of incarceration. The analysis indicates that income inequality, not unemployment, is the most salient predictor of incarceration rates. That is, state-level measures of income inequality exert a strong, positive effect on state-level incarceration rates, and this effect is particularly salient in the presence of higher percentages of African-Americans.