09.09.2014 Views

Gender effects on individual verdicts and on mock jury verdicts in a ...

Gender effects on individual verdicts and on mock jury verdicts in a ...

Gender effects on individual verdicts and on mock jury verdicts in a ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

with a knife.<br />

Next, students read excerpts from the trial transcript. These <strong>in</strong>cluded questi<strong>on</strong><strong>in</strong>g of the<br />

victim by the prosecutor <strong>and</strong> cross exam<strong>in</strong>ati<strong>on</strong> by the defense attorney. The victim's<br />

"low" moral character was suggested <strong>on</strong> cross exam<strong>in</strong>ati<strong>on</strong> by hav<strong>in</strong>g her admit to hav<strong>in</strong>g<br />

<strong>in</strong>vited her boyfriend <strong>and</strong> men she met at the pub to her apartment, but hesitat<strong>in</strong>g, then<br />

refus<strong>in</strong>g to answer the questi<strong>on</strong>: "Other than your boyfriend, have you had <strong>in</strong>tercourse<br />

with any of these other men?" until <strong>in</strong>structed to answer by the Judge <strong>and</strong> then answer<strong>in</strong>g<br />

"Yes." Third, students read the Doctor's medical report, which <strong>in</strong>dicated: "Patient was<br />

treated for m<strong>in</strong>or bruises <strong>and</strong> lacerati<strong>on</strong>s of the face <strong>and</strong> neck which were the result of an<br />

alleged rape. Evidence of sexual <strong>in</strong>tercourse was found." The medical report also said that<br />

the patient was <strong>in</strong> a state of shock, but able to talk about the <strong>in</strong>cident <strong>in</strong> some detail, <strong>and</strong><br />

that the patient was given a mild sedative <strong>in</strong>jecti<strong>on</strong>, released to her roommate, with<br />

recommendati<strong>on</strong>s of rest <strong>and</strong> referral to a Rape Crisis Center. Fourth, students read the<br />

Judge's <strong>in</strong>structi<strong>on</strong>s to the <strong>jury</strong>. Briefly, the latter described the jurors' task, expla<strong>in</strong>ed the<br />

terms "credibility" <strong>and</strong> "corroborati<strong>on</strong>" <strong>and</strong> directed that "the evidence of the two<br />

scratches <strong>on</strong> the neck of the compla<strong>in</strong>ant, as observed by friends, the police officer, <strong>and</strong><br />

the doctor, was evidence capable of amount<strong>in</strong>g to corroborati<strong>on</strong>, but whether or not it did<br />

corroborate her story is up to members of the <strong>jury</strong> to decide." The judge's <strong>in</strong>structi<strong>on</strong>s<br />

also <strong>in</strong>cluded the need for the prosecuti<strong>on</strong> to prove bey<strong>on</strong>d a reas<strong>on</strong>able doubt that the<br />

defendant did rape Nancy Lawrence <strong>and</strong>, "<strong>in</strong> the end vote <strong>in</strong> accordance with your<br />

c<strong>on</strong>science."(2) Lastly, students answered an<strong>on</strong>ymously five demographic items, then a<br />

6-item survey of their op<strong>in</strong>i<strong>on</strong>s about the trial.<br />

Trial Survey<br />

Part I of the trial-op<strong>in</strong>i<strong>on</strong> survey were the five demographic items: marital status<br />

[married, divorced, s<strong>in</strong>gle, but am (or was) <strong>in</strong> a relati<strong>on</strong>ship or s<strong>in</strong>gle], ethnicity [Native<br />

American Indian, Black American, Hispanic American, Asian American, Anglo<br />

American or Caucasian (White) or Other], number of full sibl<strong>in</strong>gs, age <strong>and</strong> gender. Part II<br />

c<strong>on</strong>sisted of the follow<strong>in</strong>g seven questi<strong>on</strong>s: (1) "In your op<strong>in</strong>i<strong>on</strong>, is the defendant guilty<br />

or not guilty?" (2) "How certa<strong>in</strong> are you about your verdict?" (very certa<strong>in</strong>, fairly certa<strong>in</strong>,<br />

not very certa<strong>in</strong>, or very uncerta<strong>in</strong>), (3) If you were the judge at the trial, <strong>and</strong> the <strong>jury</strong><br />

found the defendant guilty, which of the follow<strong>in</strong>g sentences would you choose?<br />

(Probati<strong>on</strong>, less than <strong>on</strong>e year, 1-5 years, 5-10 years, 10-20 years, more than 20 years), (4)<br />

"How important do you th<strong>in</strong>k the behavior of the victim was <strong>in</strong> c<strong>on</strong>tribut<strong>in</strong>g to the alleged<br />

assault?" (very important, somewhat important, not sure, somewhat unimportant, very<br />

unimportant), (5) "How would you rate the degree to which the alleged assault was the<br />

victim's own fault?" (not at all, somewhat, as much her fault as his, mostly, totally), (6)<br />

"How would your rate the fault or resp<strong>on</strong>sibility of the defendant <strong>in</strong> committ<strong>in</strong>g the<br />

assault?" (totally, mostly, somewhat, neutral, not at all), <strong>and</strong> (7) "How important do you<br />

th<strong>in</strong>k the c<strong>on</strong>sumpti<strong>on</strong> of alcohol was <strong>in</strong> c<strong>on</strong>tribut<strong>in</strong>g to the alleged assault?" (very<br />

important, somewhat important, not sure, somewhat unimportant, very unimportant).<br />

Mock Juries

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!