EFFECT OF VICTIM'S SEX ON JURORS IN SEX-OFFENDER TRIALS

• NCJ Number: 62002
• Author(s): M H CHAMBLIN
• Date Published: 1979
• Length: 22 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT SYMPOSIUM ENTITLED 'SOCIAL PSYCHOLOGICAL ASPECTS OF THE JURY DECISION-MAKING PROCESS', NEW YORK CITY, SEPTEMBER 1979

Annotation

FINDINGS ARE REPORTED FROM A SIMULATED JURY TRIAL DESIGNED TO MEASURE A JURY'S DIFFERENTIAL TREATMENT OF HOMOSEXUAL AND HETEROSEXUAL CHILD MOLESTERS.

Abstract

SUBJECTS WERE 192 STUDENTS--114 FEMALES AND 77 MALES--AT A FLORIDA UNIVERSITY, WITH A MEDIAN AGE OF 28.5 YEARS; 171 OF THE SUBJECTS WERE WHITE. THE FIRST PHASE OF THE STUDY CONSISTED OF THE ADMINISTRATION OF A PACKET OF QUESTIONNAIRES, INCLUDING THE SHORT FORM OF THE MACHIAVELLIAN SCALE, WRIGHTSMAN'S PHILOSOPHY OF HUMAN NATURE SCALE, THE SHORT FORM OF THE DOGMATISM SCALE, AND THE INTERNAL-EXTERNAL LOCUS OF CONTROL SCALE. THE SECOND PHASE OF THE STUDY INVOLVED THE SIMULATION OF A JURY TRIAL OF A CAPITAL OFFENSE UNDER FLORIDA LAW, WHICH INVOLVES A BIFURCATED PROCESS REQUIRING THE JURY TO REACH A UNANIMOUS VERDICT OF GUILT OR INNOCENCE, FOLLOWED BY A SEPARATE UNANIMOUS DECISION BETWEEN LIFE IMPRISONMENT AND DEATH SHOULD THE DEFENDANT BE FOUND GUILTY. A TAPE PLAYED TO THE SUBJECTS REPORTED ON A TRIAL WHERE AN ADULT MALE WAS CHARGED WITH COMMITTING SEXUAL BATTERY ON AN 11-YEAR-OLD CHILD. THERE WERE EIGHT TAPES WHICH VARIED ONLY IN THE RACE OF THE OFFENDER AND THE RACE AND SEX OF THE VICTIM. THE TAPES WERE RANDOMLY ASSIGNED TO EACH OF 16 JURIES, 8 INCLUDING ONLY WHITE JURORS AND 8 INCLUDING SOME BLACK JURORS. AS A JURY AND AS INDIVIDUALS THE SUBJECTS REPORTED ON THEIR DECISIONS AS TO GUILT OR INNOCENCE AND THE SENTENCE, ASSUMING THE GUILT OF THE DEFENDANT. THE DECISIONS OF THE JURIES SHOWED VIRTUALLY NO VARIANCE IN FINDING THE DEFENDANT 'NOT GUILTY,' AND WHEN ASKED TO ASSUME GUILT AND RECOMMEND LIFE IMPRISONMENT OVER THE DEATH PENALTY. DESPITE THE GENERAL TREND TOWARD LENIENT TREATMENT VARIATION IN THE DECISIONS OF INDIVIDUAL JURORS SHOWED LESS LENIENT SENTENCING TREATMENT OF THE HOMOSEXUAL THAN THE HETEROSEXUAL MOLESTER, A FINDING THAT CONFIRMED THE STUDY HYPOTHESIS. THESE FINDINGS DO NOT LEND THEMSELVES TO ANY PRACTICAL APPLICATION BECAUSE OF THE LIMITED EXTERNAL VALIDITY TYPICAL OF SIMULATED JURY RESEARCH INVOLVING COLLEGE STUDENTS AS SUBJECTS. IN PRACTICE, VERY FEW OFFENDERS WISH TO SUBJECT THEMSELVES TO A JURY TRIAL. TABULAR DATA AND REFERENCES ARE PROVIDED. (RCB)