Effects of Defendant Ethnicity on Juries' Dispositions of Felony Cases¹

Abstract

This research examined jury decisions in 317 noncapital felony cases in El Paso, Texas, and assessed the impact of juror ethnicity on jury trial outcomes. Results revealed that there was no relation between defendant ethnicity and the probability of conviction. Anglo American defendants, however, received sentences that were approximately twice as severe as Hispanic defendants. Sentences imposed by juries were significantly related to defendant ethnicity and type of crime for which they were tried. Sentences were also influenced by defendant ethnicity in interaction with jury ethnic composition. Important differences appeared when there was a critical mass of 6 or more Hispanics on juries. This study, using criminal court data, provides a unique opportunity to examine the utility of social psychological theories for understanding actual trial outcomes.

Analysis of hispanic representation and conceptualization in psychology and law research

“…An early study examining sentencing differences according to the ethnic composition of juries found Hispanic-majority juries to be more punitive toward Caucasian defendants than Caucasian-majority juries (Daudistel, Hosch, Holmes, & Graves, 1999). On the other hand, sentences given to Hispanic defendants did not differ according to the ethnic composition of the jury (Daudistel et al, 1999).…”

“Race salience” in juror decision‐making: misconceptions, clarifications, and unanswered questions

“…However, a number of well designed archival analyses have demonstrated robust effects of victim and defendant race on White jurors (e.g. Baldus, Woodworth, Zuckerman, Weiner, & Broffitt, 2001;Bowers, Steiner, & Sandys, 2001;Daudistel, Hosch, Holmes, & Graves, 1999). In addition, most prosecutors and defense attorneys are convinced that White jurors favor the prosecution in cases with Black defendants, and continue to select juries based on this conviction despite Supreme Court prohibitions against the practice (Batson v. Kentucky, 1986;Sommers & Norton, 2008).…”

The Impact of Ethnicity, Immigration Status, and Socioeconomic Status on Juror Decision Making

“…Research indicates that race bias intrudes into the jury decision-making process (Ayres & Waldfogel, 1994;Baldus & Woodworth, 1998;Barnett, Brodsky, & Manning-Davis, 2004;Brewer, 2004;Daudistel, Hosch, Holmes, & Graves, 1999;De Genova, 2004;Demuth & Steffensmeier, 2004). Most of the focus has been on bias affecting African Americans Sommers, 2007), but there is a history of prejudice toward Latinos within the legal system as well (Haney Lopez, 2003;Logue, 2009;Luna, 2003;Perez, Hosch, Ponder, & Trejo, 1993;Ramos, 2001;Schuck, Lersch, & Verrill, 2004;Turner & Johnson, 2005;Valencia, Garcia, Flores, & Juarez, 2004).…”

“…There is a history of mistrust between the Latino community and the legal system (Haney Lopez, 2003;Valencia et al, 2004). Consequently, research has demonstrated less bias by Latino jurors based on defendant ethnicity , and Daudistel et al (1999) found that Latino jurors did not favor Latino defendants but gave longer sentences to Anglo defendants. Future studies should examine whether Latinos differ in terms of perceptions of culpability based on ethnic immigrant status and SES, given that bias against Latino immigrants by Latinos has been demonstrated (Diaz et al, 2011;Mendez, Bauman, & Guillory, 2012).…”