Indigenous Canadians take the Stand: The Influence of Age and Race on Mock-Juror Perceptions and Verdict Decisions

Abstract

This study examined if race and age interact to influence juror perceptions of eyewitness memory and defendant guilt. Eyewitness age (i.e., 12-vs. 18-years-old), eyewitness race (i.e., Indigenous vs. White), and defendant race (i.e., Indigenous vs. White) were manipulated using a mock-trial transcript. Participants (N= 275) were recruited from psychology courses and Amazon's Mechanical Turk platform. Contrary to the hypotheses, Indigenous eyewitness testimony resulted in more guilty verdicts, higher guilt ratings, less favourable perceptions of the defendant, and more favourable perceptions of the eyewitness. Mock-jurors were more punitive toward White defendants and held more favourable perceptions of Indigenous defendants. Racial bias scores moderated the relationships between eyewitness race, defendant race, and the interaction of eyewitness-defendant race for verdict decisions and perceptions of trial party members. This research contributes to the understanding of racial bias in juror decision-making research and can be used to inform jury selection and best practices in the Canadian legal system.Witness: I am one of his best friends; I have known Mr. Smith since grade school. Defence: Mr. Simmons, what do you think of the allegations against Mr. Smith today? Witness: I am shocked. I know Mr. Smith like nobody else does, and I know he wouldn't physically assault anyone. Elijah should be ashamed of trying to destroy his legacy. Defence: So, you think that there is no way Mr. Dakota Smith could have physically abused a student at the school he worked at for three decades? Witness: Definitely not. Defence: How can you be so sure? Witness: I have known Mr. Smith for a very long time. I would have known if this happened, he would have told me. It is a shame that this student is misremembering the past or trying to ruin a great teacher's reputation. Defence: Thank you Mr. Simmons. No further questions your Honour.