Jury Panel Member Perceptions of Interpersonal‐Affective Traits of Psychopathy Predict Support for Execution in a Capital Murder Trial Simulation

Abstract

Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy - though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases.

The Impact of DSM‐5's Alternative Model for Personality Disorders on Criminal Defendants

“…Although participants tended to perceive defendants diagnosed with psychopathy as more likely to recidivate, regardless of crime type (violent or non‐violent), they made similar sentencing recommendations and ratings of amenability to treatment for offenders diagnosed with psychopathy, APD, and DPD. This finding stands in contrast to extant literature suggesting that mock jurors do rely on diagnostic labels when making sentencing recommendations (see Edens et al, ; Rockett et al, ), but it is consistent with more recent findings indicating that laypersons may be more influenced by specific personality traits related to psychopathy and/or perceived risk level than by diagnostic labels (see Boccaccini et al, ; Cox et al, ; Cox et al, ; Edens et al, ). The seemingly incompatible findings within the literature may be an indication that the factors influencing jurors’ perceptions and recommendations are context‐dependent.…”

“…Some recent research has demonstrated that individuals’ perceptions of a defendant's psychopathic traits can significantly impact punitiveness, regardless of the related diagnostic label. For example, several studies have found that mock jurors’ subjective perceptions of a defendant's psychopathy‐related personality traits (e.g., remorselessness) were significantly related to levels of punitiveness in capital cases, independent of expert testimony regarding the presence of an identified personality disorder (Cox, Clark, Edens, Smith, & Magyar, ; Edens, Davis, Fernandez Smith, & Guy, ). The results of the present study, including the exclusion of 90 participants from analyses for failing to correctly recall the defendant's diagnosis, provide further support for the assertion that mock (and possibly actual) jurors are more influenced by psychopathy‐related personality traits than associated diagnostic labels.…”

Analyzing the Effect of Exposure to a First-person Narrative of a Death Row Inmate on the Support of Capital Punishment

“…According to Cox, Clark, Edens, Smith, & Magyar [4], a powerful predictor of whether a person will demonstrate support toward the execution of an individual is how psychopathic they perceive the criminal to be, and thus a potential threat to society.…”

“…When an individual on death row is perceived as having traits that represent psychopathy, it is more likely that the perceiver will demonstrate a higher degree of support toward the death penalty in general (Cox et al) [4].…”

“…For example, remorselessness, grandiosity, and callousness create the perception that the individual sentenced to death is likely to commit acts of violence while incarcerated if given a life without parole sanction (Cox et al) [4]. Evens, Colwell, Desforges, and Fernandez [5], found that more undergraduates were in favor of capital punishment when the sentenced individual was identified as having psychopathic traits (60%) in comparison to psychotic traits (30%), or when the prisoner did not have a mental disorder (38%).…”