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Published on: September 28, 2018
Reducing racial bias in the penalty phase of capital trials
Netta Shaked-Schroer1, Mark Costanzo, Amy Marcus-Newhall
1Department of Psychology, Claremont Graduate University, Claremont, CA 91711-3955, USA. netta.shaked@cgu.edu
Abstract:
Past research (e.g. Lynch & Haney, 2000) has shown that race plays a significant role in juror decision making in the penalty phase of capital murder trials. This study investigates the possibility of reducing juror bias towards Blacks by altering the content of jury instructions. White and non-White participants received trial information and jury instructions in which the defendant's race (Black or White) and the instruction type (standard or simplified) were manipulated. Participants rendered a sentence recommendation, identified factors they considered to be aggravating or mitigating, and responded to instruction comprehension questions. Bias against the Black defendant was significantly reduced when simplified instructions were used and when the defendant was judged by racially diverse jurors. Simplification also led to better comprehension of sentencing instructions. Implications for capital trials are discussed.
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