DEFENDANT-JUROR RELIGIOUS SIMILIARITY AND MOCK-JURORS' JUDGMENTS

• NCJ Number: 58697
• Author(s): N L KERR; A B ANDERSON
• Date Published: 1978
• Length: 9 pages
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE ANNUAL CONVENTION OF THE AMERICAN PSYCHOLOGICAL ASSOCIATION, TORONTO, CANADA AUGUST 1978

Annotation

IT IS ARGUED THAT THE MORE SIMILARITIES THERE ARE BETWEEN A JUROR AND A DEFENDANT, THE MORE LENIENT OR HARSH THE JUROR IS LIKELY TO BE ACCORDING TO THE STRENGTH OF THE EVIDENCE PRESENTED.

Abstract

JUROR-DEFENDANT SIMILARITY, DEFINED WITH RESPECT TO A SIGNIFICANT GROUP MEMBERSHIP, COULD LEAD TO GREATER LENIENCY TOWARD THE DEFENDANT WHEN THE EVIDENCE AGAINST THE DEFENDANT IS INCONCLUSIVE. HOWEVER, WHEN THE EVIDENCE IS VERY STRONG, IT IS EXPECTED THAT THIS RELATIONSHIP WOULD BE REVERSED. TO TEST THESE HYPOTHESES, CHRISTIAN AND JEWISH COLLEGE STUDENTS WERE ASSIGNED ROLES AS JURORS AND WERE TOLD TO CONSIDER CASES WITH CHRISTIAN AND JEWISH DEFENDANTS WHO WERE FACED WITH VERY STRONG OR WEAK PROSECUTION CASES. IT WAS FOUND THAT RELIGIOUS SIMILARITY WAS POSITIVELY RELATED TO THE EVALUATION OF THE DEFENDANT AND TO LENIENCY. HOWEVER THIS RELATIONSHIP WAS NOT FOUND TO BE AFFECTED BY THE STRENGTH OF THE EVIDENCE AGAINST THE DEFENDANT, AS HAD BEEN PREDICTED. JEWISH SUBJECTS WERE ALSO FOUND TO BE MORE LENIENT THAN CHRISTIAN SUBJECTS. THE REPORT CITES SEVERAL REASONS FOR THE FAILURE OF THE PREDICTION: (1) INSUFFICIENT COMMITMENT TO A RELIGIOUS GROUP AMONG THE COLLEGE STUDENT SUBJECTS, AND (2) SINCE THE JURORS DID NOT ANTICIPATE GROUP DELIBERATION, SOME OF THE MECHANISMS UNDERLYING THE PREDICTION (GUILT BY ASSOCIATION) COULD NOT COME INTO PLAY. REFERENCES ARE GIVEN. (AUTHOR ABSTRACT MODIFIED--MJW)