How Victim and Execution Impact Statements Affect Mock Jurors’ Perceptions, Emotions, and Verdicts

Abstract

This study examines the effects of Victim Impact Statements (VISs) and Execution Impact Statements (EISs) on death-qualified mock jurors through a 2 (VIS/no VIS) by 2 (EIS/no EIS) between-subjects design in which participants read a capital murder trial and completed an online survey. The VIS and EIS had no effect on verdicts, but the VIS increased participants' negative emotions as well as perceptions of the victim and those who gave impact statements. Conversely, the EIS increased positive emotions and perceived remorsefulness of the defendant. Lastly, the VIS and EIS interacted to influence perceptions of the victim. Implications for victims and the legal system are discussed.

The Impact of Angry Versus Sad Victim Impact Statements on Mock Jurors’ Sentencing Decisions in a Capital Trial

“…Butler (2008) found that in a sample of 200 venire-persons given a summary of a capital case including the penalty phase, the presence of VIS did not lead to significantly more death penalty judgments. More recent studies by Boppre and Miller (2015) and Wevodau, Cramer, Kehn, and Clark (2014) did not find that VIS affected sentencing. The inconsistencies in findings suggest that other, moderating influences are at work.…”

“…Studies cited earlier that have found significant effects of VIS on decision making may have used VIS that elicited primarily anger in their participants. As we noted, much of the research on VIS and emotions have failed to separate out the negative emotions of anger and sadness or produce clear evidence of angry responses in jurors (e.g., Boppre & Miller, 2015;Myers et al, 2002;Platania & Berman, 2006;Wevodau et al, 2014). One exception is the study conducted by Paternoster and Deise (2011), who found that anger mediated the effects of a VIS on death sentences.…”

“…While neither study contained a manipulation check of sadness specifically, the null effects of a crying witness suggest sadness has little effect on sentencing decisions. In the study by Boppre and Miller (2015), they similarly found that VIS testimony regarding the “personal and traumatic effects of her mother’s death” (p. 422) had no significant effect on sentencing decisions. Here again, sadness specifically was not assessed, but rather, overall negative affectivity.…”

Emotions, Crime Seriousness, and Alibi Believability

“…Past research strongly supports the assertion that emotions can impact juror decision-making (e.g., Georges, Wiener, & Keller, 2013;Semmler et al, 2002). A great deal of existing literature regarding emotions and juror decision-making has focused on the effects of victim impact statements and emotional evidence (e.g., Boppre & Miller, 2014;Matsuo & Itoh, 2016;Wevodau et al, 2014) as well as on the impact of the demeanour of defendants, witnesses, and victims (e.g., Golding, Fryman, Marsil, & Yozwiak, 2003;Pryor & Buchanan, 1984). A number of studies have also examined mock jurors' emotional responses to gruesome evidence (e.g., Bright & Goodman-Delahunty, 2004;Bright & Goodman-Delahunty, 2006;Douglas, Lyon, & Ogloff, 1997).…”

The relationship between victim impact statements and judicial decision making: An archival analysis of sentencing outcomes.

“…Moreover, posttraumatic stress symptoms and more time since victimization were positively correlated with a higher likelihood of VIS submission (Lens et al, 2013). Victims may submit impact statements for many reasons including to obtain catharsis, to have a voice in the system, or to influence sentencing (Boppre & Miller, 2014;Gordon & Brodsky, 2007;Roberts & Edgar, 2006).…”