Battered Women Who Kill: Variables Affecting Simulated Jurors' Verdicts

Braden-Maguire, Jane; Sigal, Janet; Perrino, Carrol S.

doi:10.1007/s10896-005-7801-0

Cited by 13 publications

(11 citation statements)

References 11 publications

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“…Furthermore, archival analysis of capital trial data has indicated that juries are more likely to apply a death sentence to defendants who are Black as compared with those who are White (Baldus, Woodworth, Zuckerman, Weiner, & Broffitt, 1998). In comparison, other researchers have found no evidence of bias against Black defendants (Braden-Maguire, Sigal, & Perrino, 2005; Mazzella & Feingold, 1994). Furthermore, some studies have found that jurors perceive Black defendants more favorably than those who are White (Marcus-Newhall, Blake, & Baumann, 2002; Poulson, 1990).…”

Section: Defendant Racecontrasting

confidence: 56%

What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony

Maeder

Ewanation

2018

Criminal Justice and Behavior

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Research demonstrates that juror race may interact with defendant race to influence decision-making, but little work has investigated interactions with eyewitness race. This study tested whether Black/White jurors would produce different perceptions/decisions when faced with a Black/White defendant identified by a Black/White eyewitness. We also examined the influence of expert testimony regarding the cross-race effect in two floating cells. Mock jurors read a trial transcript, provided a verdict and trial party ratings, and indicated perceived race salience. Black jurors were more likely to convict a White defendant identified by a Black eyewitness than a Black defendant identified by a White eyewitness. Expert testimony was valued more highly when the defendant was Black, but had no direct influence on verdict; however, it raised race salience perceptions (as did presence of Black trial parties). Perceived race salience was associated with lower rates of conviction, suggesting that race and expert testimony have potential courtroom implications.

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Section: Defendant Racecontrasting

confidence: 56%

What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony

Maeder

Ewanation

2018

Criminal Justice and Behavior

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“…The difficulty mapping SD criteria onto cases involving BW, combined with society's ambivalent attitudes toward BW, and the fact that the woman is usually the only witness to the events, have all likely contributed to inconsistent outcomes. Quasi-experimental studies manipulating SD elements, characteristics of the woman, or aspects of the case have begun to demonstrate that mock jurors can even be influenced by factors that are not pertinent to decisions of guilt/ innocence and that some of the unique perspectives of battered women are not understood by average jurors as having salient implications for SD (Braden-Maguire et al 2005;Cheyne and Dennison 2005;Finkel et al 1991;Follingstad et al 1989;1997;Terrance et al 2000). Therefore, if those persons making prosecutorial decisions do not have such specialized knowledge regarding BW's experiences, these homicide cases appear especially vulnerable to being prosecuted.…”

Section: Battered Women's Homicide Casesmentioning

confidence: 99%

Decisions to Prosecute Battered Women’s Homicide Cases: An Exploratory Study

et al. 2015

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Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or Bsupplemental^) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants' likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from the open-ended responses are discussed, as well as the extent to which supplemental factors were more likely to be considered in prosecution decisions when assessed through different methodological strategies.

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“…Archival analyses of sentencing and conviction rates routinely reveal that Blacks are treated more harshly by the legal system than Whites (e.g., Mitchell, 2005; Mitchell, Hawm, Pfeofer, & Meissner, 2005; Sorenson & Wallace, 1995); however, these analyses are difficult to interpret because of the complex nature of each trial that occurs in the criminal justice system. Research utilizing mock juror simulations in which defendant race is manipulated and other variables are controlled have been inconclusive with some researchers finding that Black defendants are more likely to be found guilty and receive longer prison sentences than White defendants (DeSantis & Kayson, 1997; Gray & Ashmore, 1976; Landwehr et al , 2002; Wuensch, Campbell, Kesler, & Moore, 2002) and other researchers finding that Black defendants are not more likely to be found guilty or sentenced more severely than Whites (Bagby & Rector, 1991; Braden‐Maguire, Sigal, & Perrino, 2005; Dean, Wayne, Mack, & Thomas, 2000; Voss, Wiley, Ciarrochi, Foltz, & Silfies, 1996). According to (Sommers 2007; see also Sommers & Ellsworth, 2003), previous researchers' failure to find a clear association between defendant race and juror decisions may have more to do with the lack of a coherent theoretical framework in which many of these studies were conducted.…”

Section: The Black Defendant In the Legal Systemmentioning

confidence: 99%

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

Bucolo

Cohn

2010

Legal Criminol Psychol

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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.

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Battered Women Who Kill: Variables Affecting Simulated Jurors' Verdicts

Cited by 13 publications

References 11 publications

What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony

What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony

Decisions to Prosecute Battered Women’s Homicide Cases: An Exploratory Study

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

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