Juror Perceptions in Sexual Orientation-Based Hate Crimes

Abstract

The present study sought to investigate how victim sexual orientation and homonegativity influence the relationship between severity of crime and assignment of punishment to the perpetrator of a sexual orientation-based (SO) hate crime. These differences were examined across three levels of hate crime: misdemeanor assault, felony assault, and attempted murder. In addition, a secondary focus of this study was to examine whether jurors" perceptions of perpetrator and victim blame varied based on the severity of the crime and the victim"s sexual orientation. Previous literature has shown that juror sexual prejudice (i.e., homonegativity) influences jurors" perceptions and decision-making processes in similar contexts; therefore, the researchers explored whether homonegativity moderates each of the proposed relations.A total of 238 participants were recruited from jury pools in four counties located in the state of Alabama. Participants completed a series of questionnaires related to a trial vignette, which depicted one of three varying levels of an SO hate crime. Results showed a significant main effect of the severity of crime on sentencing recommendation with the length of punishment increasing with the severity of the crime. No significant main effect of victim sexual orientation and no significant interaction between severity of crime and homonegativity were found on sentencing recommendation. It was also found that more blame was assigned to the perpetrator when the victim was heterosexual and significantly lower levels of victim blame were found when the crime was a misdemeanor assault as opposed to a felony assault or iii attempted murder. However, both of these relations became non-significant when homonegativity was entered into the model indicating the variables were unable to explain a unique amount of variance in the perceptions of blame. Finally, it was found that participants with higher levels of homonegativity assigned higher amounts of blame to the victim (regardless of the victim"s sexual orientation).Theoretical and practical implications of these results are discussed. The results suggest there are some factors which may unduly influence jury members in SO hate crimes and could lead to homosexual victims experiencing additional negative consequences during these trials.The current study also demonstrates the need for additional research on jury decision-making in SO hate crimes to ensure that victims of these crimes are being treated fairly within the justice system. iv