Culture in the Courtroom: Ethnocentrism and Juror Decision-Making

The purpose of this study was to investigate whether a culturally-based argument in a non-insane automatism defense would be detrimental or beneficial to the defendant. We also examined how juror ethnocentrism might affect perceptions of such a defense. Participants read a fictional filicide homicide case in which the defendant claimed to have blacked out during the crime; we manipulated whether culture was used as an explanation for what precipitated the defendant’s blackout. We conducted path analyses to assess the role of ethnocentrism in predicting lower defendant credibility, and harsher verdict decisions. Results revealed an interaction between ethnocentrism and defense type, such that ethnocentrism related to lower perceived defendant credibility in the cultural condition, but not in the standard automatism condition. This study marks a starting point for empirically investigating the role of culture in the courtroom, which may aid scholars in discussing the merits of a standalone cultural defense.

Below:  Hypothesized relationship between ethnocentrism and three-category verdict decision via credibility, with defense type moderating the association between ethnocentrism and credibility

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By: Evelyn M. Maeder

Institute of Criminology and Criminal Justice, Carleton University, Ottawa, Ontario, Canada

Susan Yamamoto

Department of Psychology, Carleton University, Ottawa, Ontario, Canada

Ordered Questions Bias Eyewitnesses and Jurors

Eyewitnesses play an important role in the justice system. But suggestive questioning can distort eyewitness memory and confidence, and these distorted beliefs influence jurors (Loftus, Learning & Memory, 12, 361-366, 2005; Penrod & Culter, Psychology, Public Policy, and Law, 1, 817-845, 1995). Recent research, however, hints that suggestion is not necessary: Simply changing the order of a set of trivia questions altered people's beliefs about their accuracy on those questions (Weinstein & Roediger, Memory & Cognition, 38, 366-376, 2010, Memory & Cognition, 40, 727-735, 2012). 

We wondered to what degree eyewitnesses' beliefs-and in turn the jurors who evaluate them-would be affected by this simple change to the order in which they answer questions. Across six experiments, we show that the order of questions matters. Eyewitnesses reported higher accuracy and were more confident about their memory when questions seemed initially easy, than when they seemed initially difficult. Moreover, jurors' beliefs about eyewitnesses closely matched those of the eyewitnesses themselves. These findings have implications for eyewitness metacognition and for eyewitness questioning procedures.

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Jurors Struck from Pool

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