Juror characteristics on trial: Investigating how psychopathic traits, rape attitudes, victimization experiences, and juror demographics influence decision-making in an intimate partner rape trial

Abstract

IntroductionTrial by jury is a longstanding legal tradition used in common law jurisdictions to try the most serious of criminal cases. Yet, despite hearing the same trial evidence, individual jurors often arrive at different verdict decisions, indicating that they may be impacted by more than the evidence presented at trial. This study therefore sought to investigate the role of jurors’ psychopathology, attitudinal, experiential, and demographic characteristics upon individual verdict decisions.MethodsAdopting an improved mock trial paradigm, 108 jury-eligible participants took part in one of nine identical 12-person mock trial simulations depicting a videotaped recreation of an intimate partner rape trial. Pre-trial, mock-jurors completed a psychosocial survey capturing their psychopathic personality traits (affective and cognitive responsiveness, interpersonal manipulation; egocentricity), rape myth beliefs, victimization experiences and demographics. Post-trial, jurors deliberated to reach a collective group decision and individual verdict decisions were recorded pre- and post-deliberation.ResultsBinary logistic regression analyses revealed rape myth beliefs and juror ethnicity were significantly related to verdict decisions both pre- and post-deliberation. Post-deliberation, decreased affective responsiveness (empathy) and experience of sexual victimization were also found to be significant predictors of guilty verdict selections.DiscussionThese findings indicate for the first time that within an intimate-partner rape trial, certain psychosocial traits, crime-specific attitudes, and experiences of sexual victimization appear to predispose juror judgments and decision-making even after group-deliberation. This study therefore has important implications for understanding how individual differences among jurors may impact rape trial verdict outcomes and the need for targeted juror reforms.

Victim Care or Defendant Rights? Assessing Public Attitudes towards Special Measures Designed to Support Vulnerable Witnesses at Trial

“…Given these questions were originally posed within Canada it may be that age differences present differently within a British criminal justice context. The current finding is in line with studies completed within the UK on specific case types, including those exploring sexually violent crimes and elements of vulnerability, which found younger individuals show more victim sympathy (Lilley et al 2023a;Ioannides and Willmott 2024;Smith et al 2022). Therefore, age differences in victim treatment attitudes may be impacted by the type of victimisation.…”

“…However, public opinion on the appropriate treatment of these groups can differ from the official position. A wide range of factors have been found to impact attitudes towards victims and defendants, relating to fear of crime, victimisation, empathy, demographics characteristics, and broader justice attitudes (Chockalingam and Srinivasan 2008;Cook and Duff 2023;Conroy et al 2023;Debowska et al 2019;Lilley et al 2023aLilley et al , 2023bLucas et al 2011). Opinion on appropriate treatment also varies depending on the individual case, including the alleged offence type and characteristics of the victim and accused (Devine and Mojtahedi 2021;Sowersby et al 2022).…”

“…Regarding ethnicity, while there is indication that black members of the community are more likely to perceive themselves as relating to a position of criminal injustice and protection of the accused, research has yet to establish a clear relationship between ethnicity and broad attitudes towards victims and defendants within the UK (Hagan and Albonetti 1982;Wood and Viki 2001). While research considering attitudes towards sexual violence specifically has reported some ethnic differences in victim attitudes, for example, higher belief in victim-blaming rape myths have been found amongst Asian populations, research needs to consider differences in victim and defendant treatment attitudes within E and W specifically given the differences in race relations and court structures globally (Lilley et al 2023a;Mori et al 1995;Wood and Viki 2001).…”

Understanding the complexities of non-familial child abductions: a systematic literature review on the behavioural characteristics of acquaintance and stranger abductors

“…Finally, to gain further insight into the motives and psychological antecedents child abductions, clinical research should study the role of dark traits (e.g. psychopathy) and criminal cognitions (DeBlasio and Mojtahedi, 2023; Lilley et al , 2023) within NFA samples.…”

Gender biases in legal decision-making: an exploration of judicial and public perceptions across multiple offences

“…In their work, judges are driven not only by legal factors but also by extralegal ones, including, but not limited to the age of the defendant, his/her sex, race, or ethnic origin or the nature of his/her profession (Freiburger, 2010;Freiburger and Hilinski, 2013;Hilinski-Rosick et al, 2014;Van Slyke and Bales, 2013). Indeed, judges are not unique in this regard, as several recent studies have found similar legal and extra-legal influences also impact upon lay decision-makers within common law adversarial legal systems (Ballot et al, 2021;Hudspith et al, 2023;Lilley et al, 2023;Willmott and Sherretts, 2016;Willmott et al, 2018). The research in this field focusses particularly on the sex of the defendant.…”