MOCK JUROR RATINGS OF GUILT IN CANADA: MODERN RACISM AND ETHNIC HERITAGE

Jeffrey E. Pfeifer · James R. P. Ogloff

55 citations0/0 files storedSocial Behavior and Personality An International Journal

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Jury Decision Making Processes Legal processes and jurisprudence Social and Intergroup Psychology

Abstract

This research investigated whether the prejudicial attitudes of mock jurors in Canada produce criminal sanction disparities similar to those reported by research in the United States. In order to investigate this hypothesis, English Canadian participants read a transcript of a sexual assault trial that varied the ethnic background of both the victim and the defendant (i.e., English, French or Native Canadian). Participants were then asked to rate the guilt of the defendant in two ways: (1) on a 7-point bipolar scale in accordance with their personal beliefs (i.e., Subjective Guilt Rating), and (2) on a dichotomous scale (guilty/not guilty) in accor- dance with judicial instructions (i.e., Legal Standard Guilt Rating). Participants were also asked to rate the victim and defendant on a number of personality traits. Results indicate that participants asked to rate the degree of guilt of the defendant according to the Subjective Guilt Rating found him more guilty if he was French, or Native Canadian as opposed to English Canadian. These prejudicial ratings, however, dissipated when participants were asked to rate the guilt of the defendant according to the Legal Standard Guilt Rating that included jury instructions. This apparent paradox in results is discussed in terms of modern racism theory.

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References

1954Nature of Prejudice 1981Prejudice and politics: Symbolic racism versus racial threats to the good life.1986The aversive form of racism.1967A Social Psychology of Bilingualism 1976Symbolic Racism 1993Values, Stereotypes, and Emotions as Determinants of Intergroup Attitudes**Editor's Note: This chapter was selected as the 1992 winner of the Otto Klineberg Intercultural and International Relations Award, given by the Society for the Psychological Study of Social Issues. In making its selection, the award committee cited the chapter for offering a “substantial advance in our understanding of basic psychological processes underlying racism, stereotyping, and prejudice”.1986Judging the jury 1986Judging the Jury

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2009Modern and Old-fashioned Homonegativity Among Samples of Canadian and American University Students 2014The influence of defendant race and victim physical attractiveness on juror decision-making in a sexual assault trial 2011The Combined Effect of Defendant Race and Alleged Gang Affiliation on Mock Juror Decision-Making 2018Investigating Race Salience, Defendant Race, and Victim Race Effects on Mock Juror Decision-Making in Canada

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