Department of Psychology, John Jay College, City University of New York.
Department of Psychology, John Jay College of Criminal Justice, City University of New York.
Law Hum Behav. 2018 Oct;42(5):472-483. doi: 10.1037/lhb0000304.
During capital voir dire, prospective jurors are questioned about their views on capital punishment to determine their ability and willingness to impose the penalty as required by law. Two experiments replicated and extended Haney's (1984a) research on the effects of exposure to capital voir dire, which has been cited to support the proposition that jurors who are exposed to a capital voir dire are more prone to convict. In the first study, watching a capital voir dire increased participants' pretrial estimates of the likelihood of the defendant's guilt and conviction, replicating earlier findings. However, these pretrial effects did not survive the presentation of trial evidence, which had not been tested previously. Participants exposed to death qualification during capital voir dire were significantly less likely to convict than were those who were not exposed to death qualification. In a second study, exposure to capital voir dire influenced the type and amount of evidence that jurors reported that they would require for conviction, such that exposure to death qualification created an expectation for greater evidence of guilt than did exposure to a standard voir dire. To the extent that exposure to capital voir dire increases jurors' expectations for evidence of guilt, death qualified jurors may be more likely to acquit if their expectations are not met, despite increased pretrial bias against the defendant. (PsycINFO Database Record (c) 2018 APA, all rights reserved).
在死刑案件陪审团遴选过程中,潜在的陪审员会被问到他们对死刑的看法,以确定他们是否有能力和意愿依法判处死刑。两项实验复制并扩展了 Haney(1984a)关于接触死刑案件陪审团遴选影响的研究,该研究被用来支持这样一种观点,即接触死刑案件陪审团遴选的陪审员更倾向于定罪。在第一项研究中,观看死刑案件陪审团遴选增加了参与者对被告有罪和被定罪的可能性的审前估计,这与早期的发现相吻合。然而,这些审前影响并没有在呈现审判证据后持续存在,而审判证据之前并未经过测试。与没有接触死刑资格审查的参与者相比,接触死刑资格审查的参与者被判有罪的可能性显著降低。在第二项研究中,接触死刑案件陪审团遴选影响了陪审员报告的定罪所需证据的类型和数量,因此,接触死刑资格审查比接触标准陪审团遴选产生了对更多有罪证据的期望。在一定程度上,接触死刑案件陪审团遴选增加了陪审员对有罪证据的期望,如果他们的期望没有得到满足,即使对被告的审前偏见增加,死刑资格的陪审员也更有可能作出无罪判决。(PsycINFO 数据库记录(c)2018 APA,保留所有权利)。