How does a defendant's physical
attractiveness affect jurors' decisions?
by: Alexis Scangas
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keywords: defendant, attractiveness, jury, courtroom
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AScangas@hotmail.com
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Abstract
This study examined
the relationship between the attractiveness of defendants, the defendant’s
gender, and the type of crime on jurors’ verdicts in criminal trial cases.
The main difference between this study and previous research is that the
participants in this study viewed videotaped testimony, rather than reading
about a case and looking at a photograph of the defendant. It has
been shown in the literature that the defendant’s appearance can have great
influence on how the jurors perceive him or her. Attractive people
are often seen in a better light then unattractive people and may often
be treated with more leniencies in verdict decisions and sentencing.
However, jurors are often more harsh on attractive people when they use
their looks to get something they want, as in cases of fraud. One hypothesis
of this study was that the participants would give more guilty verdicts
and harsher sentences to the unattractive defendants in the robbery condition.
A second hypothesis was that the participants would give more guilty verdicts
and harsher sentences to the attractive defendants in the fraud condition.
The participants
in this study read a summary of a crime and then watched a video of the
defendant giving testimony. Each participant was randomly assigned
to one of 8 different groups, to account for the different conditions of
gender, attractiveness of defendants and the crime that the defendant was
charged with (robbery or fraud). After viewing the testimony the
participants decided whether they thought the defendant was guilty or not
guilty and how confident they were of that decision. If they found
the defendant guilty, the participants provided a sentence based on a provided
scale. A significant Chi-Square analysis was found for
the variables of the verdict given by the participant and the attractiveness
of the defendant (p < .05). The participants gave more guilty
verdicts to the unattractive defendants than to the attractive defendants.
It was also found
through a 2 (gender of participant) X 2 (condition of crime) X 2 (attractiveness
of defendant) X 2 (gender of defendant) analysis of variance on the variable
of the sentence imposed, that when the defendants were attractive in the
fraud case, the participants were harsher on the female than the male and
when the participants were unattractive in the fraud case the participants
were harsher on the male. Through a 2 (gender of participant) X 2
(condition of crime) X 2 (attractiveness of defendant) X 2 (gender of defendant)
analysis of variance on the variable of how sure the participant was of
his/her decision, it was found that the participants were most sure about
their decisions for the attractive female and the unattractive male.
These findings indicate
that the participants were harsher on the unattractive defendants overall
because they fit the participants’ stereotypes of what a typical criminal
looks like. The participants were harshest on the attractive female
in the fraud condition because they probably believed that she fit the
part of someone who would use her looks to get money from people.
The participants were most sure of their decisions about the attractive
females and the unattractive males because these defendants easily fit
into the participants’ heuristics of the type of behavior these people
would engage in.
The findings of this
study can help in understanding why jurors behave the way they do and what
characteristics of defendants influence them. Future research can
examine how these effects can be minimized in criminal trials such as looking
at whether or not making jurors aware of these tendencies will minimize
their reliance on stereotypes.
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Introduction
There are many variables
that affect jurors’ decisions in a court case. It has been shown
that the defendant’s appearance can have great influence on how jurors
perceive him or her (Sigall & Ostrove, 1975). Most would agree
that a defendant should look put together, clean, and pleasant. This
can be done with a new suit or some make-up, but what about those aspects
of appearance that cannot be changed so easily? It is becoming apparent
that a defendant’s level of physical attractiveness can have a large impact
on the jurors’ decisions and judgments about them. Are jurors more
lenient with attractive people or unattractive people? How much of
an impact do people’s faces have on the decisions others make about them
that could have lasting effects on their lives?
The current study
aims to look at these issues and examine the ways in which a defendant’s
physical attractiveness affects jurors’ decisions in a criminal trial.
Previous research on this question has tested these theories by having
the participants look at photographs of the defendants and then making
their judgment. This study will take the research a step closer to
reality by having the participants watch videotaped testimony of the defendants.
This will make the situation seem more real for the participants and they
have the potential to become more connected to the defendants. Also,
the same person will be posing as the attractive and unattractive defendant
in the different conditions. This procedure, which has not been seen
in the previous literature, will control for confounding variables which
may be due to individual differences in the individual defendants.
It is an age old
stereotype that “what is beautiful is good.” Attractive people are
often seen in a better light than unattractive people and may often be
treated with more respect (Dion, Berscheid and Walster, 1972). This
cultural belief can have a great impact on how a person’s guilt or innocence
is determined. Jurors may base their decisions on what they believe
to be the characteristics that go with the physical type of the person
who is sitting in front of them in the courtroom. The study by Dion
et al. (1972) looked at this lasting belief that what is beautiful is good.
They state that the personalities of individuals may be molded by cultural
stereotypes about what types of characteristics are appropriate for people
of different levels of attractiveness (Dion et al., 1972). Much of
what a person thinks about him/herself comes from what others think of
them and how others treat them. This study looked at whether physically
attractive people are perceived as having more socially desirable personality
traits and whether they are expected to lead better lives (Dion et al.,
1972).
The results of Dion,
et al. (1972) showed that the attractive people were judged to be more
socially desirable than the unattractive people. The researchers
also found that the participants predicted that the attractive people would
attain more prestigious occupations, be more competent spouses, have happier
marriages, have happy social and professional lives, and were predicted
to have more total happiness in their lives. The attractive individuals
were expected to be more likely to find an acceptable partner and marry
earlier and be less likely to remain single. The only factor that
the attractive people were not rated higher on was their ability to be
a good parent. These results show overwhelmingly that attractive
people are perceived as more socially desirable and as more likely to lead
happy and successful lives (Dion et al., 1972). These stereotypes
can greatly affect jurors in a criminal case. If they believe an
attractive person to be more successful and happy, then they will be less
likely to believe that this person committed a crime. However, an
unattractive defendant would fit their stereotype of someone who might
commit such a crime.
People’s beliefs
about the personalities and behaviors of certain individuals based on their
physical appearance can lead to many misinterpreted situations. When
a juror is sitting in a courtroom and looking at a defendant, all of his/her
stereotypes about attractive or unattractive people are going through his/her
head and he/she is trying to make a judgment about that person. He/She
may be thinking that since the defendant looks like a nice person, there
is no way that he/she could have committed that horrific crime. Or,
he/she may see someone who is unkept, with a rough exterior and think,
“That person looks like the kind of person who would do something like
this.” These situations can be very dangerous because someone’s life
is in the hands of the jury and they need to make their judgments based
on the facts and not on appearances. As can be seen in the literature,
appearances often seem to influence jurors in a very strong way.
It has been shown
that people have a tendency to think of attractive people as good and unattractive
people as bad. This relates to the criminal justice system in that
jurors may be more likely to find an attractive defendant to be not guilty
because he or she does not look like the typical criminal. An unattractive
defendant may be more likely to be found guilty because he or she fits
the criminal stereotype. Early research by Efran (1974) looked at
this question of the effect of a defendant’s physical appearance on jurors’
verdict decisions and recommended punishments. Pre-experimental questionnaires
were given to the participants to ask their opinions on certain issues.
The results of these questionnaires showed that 79% of the participants
believed that jurors should be influenced by the defendant’s character
and past history. Only 7% of those questioned believed that physical
attractiveness should affect jurors’ decisions.
After filling out
the questionnaires, the participants received written paragraphs about
a case along with a photo of either an attractive person or an unattractive
person. The mock jurors rated the defendant’s guilt and an appropriate
punishment. The results show that the attractive defendants received
ratings of less certainty of guilt and milder punishment (Efran, 1974).
This shows that the participants thought that attractiveness should not
affect their decisions, and yet ultimately it did. The current study
expands on this research by having the participants view videotaped testimony
rather than simply look at photographs. Since it was not an option
to actually do this research in a courtroom, the videotapes take realism
of the study a step closer to what it would be like in a real-world court
situation.
The current
study look will look at cases of robbery and fraud to see if there were
any differences between the two. Sigall and Ostrove (1975) found
an interaction between the defendant’s physical attractiveness and the
type of crime on the recommended sentence. They found that when a
defendant was accused of a crime unrelated to appearance, such as burglary,
attractive defendants received lighter sentences than the unattractive
defendants (Sigall & Ostrove, 1975). However, when the crime
was one that involved the use of an attractive appearance, such as fraud,
the attractive defendants were punished more harshly than the unattractive
defendants (Sigall & Ostrove, 1975). This result may be due to
the fact that people do not like the idea of other people using their looks
to get what they want. This is not a quality that is respected in
this society, and thus the jurors saw this type of crime as worthy of a
harsher punishment. The current study aimed at replicating these
results for the robbery and fraud conditions.
The advantage of
attractive defendants can also be seen in the work of Mazzella and Feingold
(1994). They conducted a meta-analysis using 80 studies of which
25 looked at the effects of physical attractiveness. It was found
that mock jurors were less likely to find physically attractive defendants
guilty than physically unattractive defendants. It was found that
the physically attractive defendants received less punishment for crimes
of robbery, rape and cheating. However, the physically attractive
defendants received the same sentence as unattractive defendants for the
crime of swindling (Mazzella & Feingold, 1994). This finding
goes against one of the hypotheses of the current experiment, which states
that the attractive defendant should receive a harsher sentence in the
case of fraud, which is consistent with the work of Sigall and Ostrove
(1975).
Most of the literature
presented illustrates the finding that attractive defendants are found
guilty less often than unattractive defendants. The exception, however,
is when the attractive people use their looks to get what they want, and
are then judged more harshly. It is obvious that a defendant’s facial
features have a great influence on jurors’ opinions of them. This
is something that is not very just, but it is what happens. People
have the idea that what is beautiful is good, and thus an attractive person
is seen as a “better” person. Society puts forward the stereotype
that people who are guilty of crimes are unattractive and revolting.
The data show that this is what people think, and this is what affects
their judgments of defendants.
The current study
aims to replicate the results of previous experiments and further examine
the relationship between attractiveness of defendants and juror verdicts.
The type of crime committed will be a factor in this study, with one condition
being about cases of robbery and the other condition about cases of fraud.
The difference between this study and most of the previous work will be
that videotaped testimony will be used, rather than written descriptions
and photos. This will provide more of a real world situation, so
the participants can see the defendant as they would if they were in the
courtroom. The gender of the defendant will also be taken into consideration,
which is a variable that is not seen in much of the previous research.
The study by Mazzella & Feingold (1994) did look at this issue.
They found that there was no effect of defendant gender on judgments of
guilty, but there was a small tendency for jurors’ to be more punitive
to male defendants than to female defendants. However, the female
defendants were only treated more leniently than the male defendants in
the cases of theft. This may be due to the fact that most people
expect a thief to be male and not female.
The first hypothesis
of this study is that the participants will give more guilty verdicts and
harsher sentences to the unattractive defendants in the robbery condition.
The unattractive defendants are expected to look like the type of person
who the participants would believe to have committed a robbery. The
second hypothesis is that the participants will give more guilty verdicts
and harsher sentences to the attractive defendants in the fraud condition.
The attractive defendants are expected to be more likely to look like the
type of person who would use his/her attractiveness to get money from people.
The third hypothesis is that in cases of robbery the unattractive male
will be treated the harshest. It is expected that the participants
will treat the male harsher in this condition because people expect a man
to commit robbery more often than a woman. The fourth hypothesis is that
in cases of fraud the attractive female will be treated most severely.
This is expected because the participants will view the attractive female
as the one who could most convincingly use her looks to get people to do
things for her.
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Method
Participants
This experiment was
conducted at a small liberal arts college in New England. The participants
were Introductory to Psychology students who received class credit for
their participation in the study. There were 40 participants between
the ages of 18 and 22 (9 male, 31 female). The participants signed
up for one of eight groups, each of which met at different times.
Design
There were eight
conditions in this experiment, and each participant only took part
in one of the conditions, so it was a completely between subjects design.
The three independent variables for the experiment were the gender of the
defendant, the attractiveness of the defendant and the type of crime committed.
Thus, the eight conditions were 1) male, attractive, fraud; 2) male, unattractive,
fraud; 3) male attractive, robbery; 4) male, unattractive, robbery; 5)
female, attractive, fraud; 6) female, unattractive, fraud; 7) female, attractive,
robbery; and 8) female, unattractive, robbery.
Materials
The stimulus videos
for the study consisted of the same people, one male and one female, used
in both the attractive and unattractive conditions. The female was
made to look attractive by having her hair look nice, applying makeup in
a proper way and having her wear nice clothes and jewelry. Her attire
consisted of a dress shirt and suit jacket. The attractive female was also
asked to sit up straight, be attentive to the questions, and display an
overall pleasant demeanor. The male was made to look attractive by
having his hair done nicely, being clean shaven and wearing a button down
shirt and tie. He was asked to exhibit the same behaviors as the
attractive female.
The female was made
to look unattractive by having her hair messy, wearing no makeup, and wearing
old-looking clothing that did not match. She was asked to slouch
when giving her testimony and act uninterested and uncaring. The
male was made to look unattractive by wearing a long-haired wig and an
old shirt. He was asked to exhibit the same behaviors as the unattractive
female.
A pretest was conducted
to make sure that there was consensus on the defendants’ attractiveness
or unattractiveness. The raters (3 male, 7 female) viewed a portion
of each video which showed the four different defendants. The raters
were asked to rate the attractiveness of the defendants on a scale of 1-10
(1= very unattractive, 10= very attractive) (see Appendix A). The
attractive female received an average rating of 8.6, while the unattractive
female received an average rating of 2.5. The attractive male received
an average rating of 7, while the unattractive male received an average
rating of 2.9.
Procedure
When the participants
arrived at the session room they were told that they were going to be participating
in an experiment about the impressions that jurors have of defendants during
the sentencing of a criminal trial. The participants had been randomly
assigned to one of the eight groups. They read the instructions for the
study and then read and signed the informed consent form (see Appendix
B). The participants were asked if they had any questions.
Each of the eight
groups of participants next read a summary of the case they were assigned
to, which explained the basic facts of the alleged event (see Appendix
C). The participants then watched the video of the defendant giving testimony
about what happened during the event in question, which corresponded to
the case they had read (see Appendix D for transcripts of the videos).
After watching the video, the participants were given the first questionnaire
(see Appendix E). They were asked to judge whether the defendant
was guilty or not guilty. They were also asked, if they found the
defendant guilty, to provide a recommended sentence. The participants
were then asked to rate how sure they felt about the decision they made
on a scale of 1-10 (1= very unsure, 10= very sure). They were next
asked whether or not they would add any additional monetary fines or community
service. This portion was collected and the second questionnaire
was handed to the participants (see Appendix F).
On the second questionnaire
the participants were asked a number of questions about their impressions
of the defendant, which they rated on 10 point scales. They were
asked about the defendant’s likableness, attractiveness and pleasantness.
The participants were also asked to write down the crime that the defendant
was charged with, to make sure that they remembered what the case was about.
This material was collected and the participants were given the third questionnaire
(see Appendix G). This was the suspicion measure which was used to
determine whether or not the participants had figured out what the study
was really about. They were asked what they thought the study was
about, whether they thought the study had anything to do with anything
other than was described to them, and if this affected their behavior in
any way. After this was collected, the participants were given the
debriefing statement and were asked to read it (see Appendix H).
Course credit slips were given to the participants before they left the
session room.
Appendices
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Results
Overview
The data for this
study were analyzed by looking at the dependant variables of the sentence
given to the defendant and how sure the participant was of this decision.
The independent variables considered were the gender of the participants,
the condition of robbery or fraud, the attractiveness of the defendant
and the gender of the defendant.
Manipulation Check
A manipulation check
was given to the participants in this study to see if the participants
perceived the independent variable of attractiveness of the defendant as
it was intended. After watching the video and giving their verdicts
and sentences, the participants were asked to rate the attractiveness of
the defendant on a scale of one to ten, with one being very unattractive
and ten being very attractive. It was found that the average score
given to the attractive female was 6.1 and the unattractive female received
a score of 3.2. The attractive male received an average score of
4.4, while the average for the unattractive male was 1.4. It can
therefore be assumed that the participants in the study did perceive the
stimulus in the intended manner.
The participants
were also asked to rate the how pleasant they believed the defendant to
be on a scale of one to ten, with one being very unpleasant and ten being
very pleasant. The attractive defendants received an average rating
of 6, while the unattractive defendants received an average rating of 3.9.
It can therefore be assumed that the participants found the attractive
defendants to be more pleasant than the unattractive defendants.
The participants
were asked to rate the likableness of the defendant on a scale of one to
ten, with one being very unlikable and ten being very likable. There
were no significant differences found between the attractiveness of the
defendants and how likable the participants found them to be. However,
the defendants who were found guilty received an average likeable rating
of 4.3, while those who were found not guilty received an average likeable
rating of 6.5. Thus, those defendants whom the participants found
to be more likable were seen more often as not guilty.
Dependent Variables
The dependent variables
in this study are the sentence given to the defendant and how sure the
participant is of the sentence that he or she imposed. The sentence
given to the defendant was on a scale of zero to 12 years. The participants
also rated how sure he or she was of the decision on a scale of one to
ten, with one being very unsure and ten being very sure.
Analysis of Variance
A 2 (gender of participant)
X 2 (condition of crime) X 2 (attractiveness of defendant) X 2 (sex of
defendant) analysis of variance was performed on the dependent variable
of the sentence imposed by the participant. A significant main effect
was found for the condition of the crime (F (1, 29) = 4.925, p < .05).
The means indicate that the participants gave a greater sentence in the
cases of fraud than in the cases of robbery.
A significant 3-way
interaction was also found for condition of crime, attractiveness of defendant
and sex of the defendant (F (1, 27) = 6.925, p < .01).The means indicate
that the when the defendants were attractive in the fraud case, the participants
were harsher on the female than the male. This is consistent with
the hypothesis that the attractive female would be treated the harshest
in the fraud condition. When the participants were unattractive in
the fraud case the participants were harsher on the male. In the
case of robbery, no real differences are found. This is inconsistent
with the hypothesis that in the robbery condition the unattractive male
would be treated the harshest.
A 2 (gender of participant)
X 2 (condition of crime) X 2 (attractiveness of defendant) X 2 (sex of
defendant) analysis of variance was performed on the dependent variable
of how sure the participant was of his or her decision. A significant
interaction was found for the attractiveness of the defendant and the sex
of the defendant (F (1, 27) = 4.869, p < .05). The means show
that when it came to the attractive defendants, the participants were most
sure about their decisions for the attractive female. With the unattractive
defendants, the participants were most sure about their decisions for the
unattractive male. The participants were clearly most sure about
their decisions on the unattractive male overall.
Chi-Square Analysis
A significant Chi-Square
analysis was found for the variables of the verdict given by the participant
and the condition of the crime (p < .01). Almost all of the participants
in the fraud conditions gave the defendant a guilty verdict, while in the
robbery conditions the verdicts were more evenly spread between guilty
and not guilty.
A significant Chi-Square
analysis was found for the variables of the verdict given by the participant
and the attractiveness of the defendant (p < .05). The participants
gave more guilty verdicts to the unattractive defendants than to the attractive
defendants. This was an overall expectation of the study, however,
it was expected that the verdicts would depend not only on the attractiveness
of the defendant, but on the type of crime committed, which was not found.
A Chi-Square analysis
was done to compare the variables of the attractiveness of the defendant
and whether or not the participants added an additional monetary fine or
community service recommendation. An effect approaching significance
was found (p=.058). The participants added additional fines/service
much more often for the unattractive defendants.
Crosstabs
A crosstabs analysis
was performed on the variables of the verdict given, the condition of crime,
the attractiveness of the defendant and the gender of the defendant.
It was found that the attractive female in the fraud condition received
six “guilty” verdicts and zero “not guilty” verdicts. This is consistent
with the hypothesis that the attractive female would be treated harshest
in the fraud condition. When the attractive female was in the robbery condition
she received zero “guilty” verdicts and five “not guilty” verdicts.
This is partly consistent with the hypothesis that the unattractive defendants
would be treated harshest in the robbery condition. It was also found
that the unattractive male was found guilty by all participants in both
the fraud and robbery conditions. This is consistent with the hypothesis
that the unattractive male would receive more guilty verdicts in the robbery
condition, but is contrary to the belief that the unattractive male would
be found not guilty in the fraud condition.
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Discussion
This study allows
much insight to be gained because there were a number of elements that
set it apart from the previous research allowing the findings to be unique.
First, videotaped testimony was used as a means of showing the case to
the defendants rather than simply cases summaries and photographs.
This allowed for more realism in the study and caused the participants
to be more connected to the defendants. Second, the defendants’ gender
was taken into consideration. It is important to look at the difference
between the judgments given to the defendants depending on whether they
were male or female.
The first hypothesis
of this study was that the participants would give more guilty verdicts
and harsher sentences to the unattractive defendants in the robbery condition.
The second hypothesis was that the participants would give more guilty
verdicts and harsher sentences to the attractive defendants in the fraud
condition. It was found that there were more guilty verdicts given
to the unattractive defendants than to the attractive defendants overall,
but significant effects were not found for the different crime conditions.
The third hypothesis
was that in cases of robbery the unattractive males would be treated the
harshest. The results indicate that no real differences were found
in the severity of punishment in the robbery condition. The fourth
hypothesis was that in cases of fraud the attractive females would be treated
most severely. The results coincide with this hypothesis. It
was found that the attractive female was found guilty by all of the participants
in the fraud condition, while the same attractive female was found not
guilty by all of the participants in the robbery condition.
The overall guilt
of the unattractive defendants follows along with the literature that says
that people view attractive people in a positive light and unattractive
people in a negative light (Dion, et al., 1972). Dion, et al.
(1972) also showed that the attractive people were judged to be more socially
desirable than the unattractive people. The participants in the current
study followed the expected stereotypes about which type of people are
seen as criminals.
Sigall and Ostrove
(1975) found that when a defendant was accused of a crime unrelated to
appearance, such as burglary, attractive defendants received lighter sentences
than the unattractive defendants. However, when the crime was one
that involved the use of an attractive appearance, such as fraud, the attractive
defendants were punished more harshly than the unattractive defendants
(Sigall & Ostrove, 1975). While significance was not found for
the different crime conditions overall, the findings for the attractive
female were significant. The data coincides with the hypothesis that
the attractive female will not be found responsible for the robbery because
she does not look like someone who would commit that crime. The participants
found the attractive female guilty of the fraud case because she looked
to them like someone who might use her attractiveness to get money from
others. The participants probably believed that the victims in the
fraud cases would be more likely to follow along with the attractive female
because she looked like a nice person and like someone who could be trusted.
The results of the
current study show that the unattractive defendants received similar sentences
as the attractive defendants in the cases of fraud. The hypothesis
of this study was that the attractive defendants would receive harsher
sentences, which was not found. Mazzella and Feingold (1994) also
found that the physically attractive defendants received the same sentence
as unattractive defendants for the crime of swindling. The participants
may have the idea that “what is beautiful is good” so engrained in their
minds that they could not believe that an attractive person would commit
any crime. The jurors do not expect to see an attractive person on
trial, so when they do they have a difficult time seeing this person as
a criminal.
The data of the current
study indicate that the participants were most sure of their decisions
about the attractive female and the unattractive male. The participants
were sure that the attractive female was guilty of fraud and not guilty
of robbery. These verdicts fit with their ideas about the characteristics
that come with being an attractive female. People do not expect to
see a female, especially and attractive female, charged with a crime.
However, when it
came to the cases of fraud, all of the participants in that condition found
the attractive female guilty. Sigall & Ostrove (1975) found that
when the crime was one that involved the use of an attractive appearance,
such as fraud, the attractive defendants were punished more harshly than
the unattractive defendants. This may be due to the fact that people
do not like the idea of other people using their looks to get what they
want. This quality is not respected in this society, and the jurors
thought it was right to find the attractive female guilty of this crime.
The participants probably thought that stealing money from unsuspecting
people was such a horrible thing to do, and the victims would be more likely
to follow the directions of an attractive person. To the participants,
the attractive female looked like the prime example of the type of person
who would be able to do something like that.
The participants
were most sure of their decisions about the unattractive male out of any
of the other attractiveness conditions because he is the one who most fits
the stereotype of the “common criminal.” The unattractive male was
found guilty by all of the participants in all of the conditions.
The participants were sure that he seemed like a person who would be guilty
of a crime. The means indicate that the participants were surest
of their decisions about the unattractive male in the robbery condition.
The unattractive male is the cultural ideal of what an intruder would look
like.
This study is significant
because it replicated results that were previously seen in the literature,
while adding new elements that had not been seen in prior studies.
In all of the literature cited in this paper the researchers used either
photographs of the defendants or written descriptions of the defendant’s
appearance in order to convey this element of the study to the participants.
This study used videotaped testimony of the defendants, which added a new
element of reality. The participants viewed the tape as if it was
real testimony that had been taken in a courtroom. To them, this
could have been a real case with real people on trial. Information
about the cases was given directly to the participants from the defendants.
This is much more of a real-world situation than having the participants
read about a case and look at a photograph. Another significant aspect
of this study is that the same male was used in the attractive and unattractive
condition, and the same female was used in the attractive and unattractive
condition. This minimized confounding variables that could be due
to individual differences in the defendants from condition to condition.
In studies that use pictures of different people for each condition, there
could be certain aspects of each person in particular that cause participants
to lean in a certain direction.
There are many open
areas for future research on this subject. It is a very important
area of research because it directly affects people’s lives.
It is imperative to try to find ways to minimize this behavior, especially
in trial situations. Defendants are supposed to get a fair trial,
and this is not possible if the jurors base their decisions on the defendant’s
attractiveness. More research has to be done on figuring out how
to get jurors to let go of their initial impressions and focus on the facts
of the trial. Perhaps studies could be done comparing a group of
jurors who hear the testimony and see the defendant to a group who just
hears the testimony without seeing the defendant. It could be seen
whether the appearance of the defendant had an effect on juror decisions.
Other studies could be done by looking at whether or not making jurors
aware of the tendencies to judge people based on appearances will minimize
their reliance on stereotypes. Once they recognize that this is a
problem, they may be more likely to focus on the information than on the
defendant’s attractiveness. Future studies could also consider different
crimes in their research, such as murder and rape, to see if the attractiveness
of the defendant plays a role in these cases. Studies like this one
can help in understanding why jurors think and act in the ways they do,
and what can be done to make sure that stereotypes do not overpower actual
information.
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Practical Implications
The information presented
here is very important to the real world. Physical attractiveness
is probably the first thing that one notices about another person during
their first encounter. People make impressions of people based on
their attractiveness, which leads to differences in how they are treated.
These impressions based on attractiveness are called cognitive heuristics.
Allison et al. (1990) explain a heuristic as a cognitive process which
requires little cognitive ability and motivation. The person focuses on
some cue from which a rule of thumb is evoked that facilitates the judgment
process. The development of these heuristics comes from experience.
If a person has had a certain experience with an attractive or unattractive
person, he or she is likely to believe that other people who look like
that person will have similar personality and behavioral characteristics.
This is an imperative
issue not only in everyday life but in certain legal situations, such as
in criminal trials. When jurors first enter the courtroom and see
the defendant for the first time, they make initial impressions about him
or her. Whether the defendant is attractive or unattractive can have
a great impact on the interpretations of the jurors. The defendant
may or may not fit their ideas of what a criminal looks like. Would
they be more lenient on a very attractive and put-together man who is charged
with robbery than an unattractive and sloppy-looking man? Quite possibly.
The influence that attractiveness has on people is strong. People
have certain heuristics that they stick to because it is easier than fully
processing the information and possibly changing their opinions about that
certain type of person (Allison et al., 1990). Given this, the criminal
justice system should be aware of the effects that these first impressions
have on jurors. The jurors should be instructed on how to not let
the appearance of the defendant influence their decision and to only focus
on the information presented.
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References
Allison, S., Worth, L., Campbell King, M. (1990).
Group decisions as a social inference heuristic. Journal of Personality
and
Social Psychology, 58(5),
801-811.
Dion, K., Berscheid, E., Walster, E. (1972).
What is beautiful is good. Journal of Personality and Social Psychology,
24(3),
285-290.
Efran, M. (1974). The effect of physical appearance
on the judgment of guilt, interpersonal attraction, and severity of
recommended punishment
in a simulated jury task. Journal of Research in Personality, 8, 45-54.
Mazzella, R. & Feingold, A. (1994). The effects
of physical attractiveness, race, socioeconomic status, and gender of defendants
and victims on judgments
of mock jurors: A meta-analysis. Journal of Applied Social Psychology,
24(15), 1315-1344.
Sigall, H. & Ostrove, N. (1975). Beautiful
but dangerous: Effects of offender attractiveness and nature of the crime
on judicial
judgment. Journal of
Personality and Social Psychology, 31, 410-414.
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Appendices
Appendix A
Pre-test for Attractiveness of Defendants
Male #1
1 2 3
4 5 6
7 8 9
10
Very unattractive
very attractive
Male #2
1 2 3
4 5 6
7 8 9
10
Very unattractive
very attractive
Female #1
1 2 3
4 5 6
7 8 9
10
Very unattractive
very attractive
Female #2
1 2 3
4 5 6
7 8 9
10
Very unattractive
very attractive
Appendix B
Instructions for Participants and Informed Consent
Form
Instructions for Participants
You are going to be participating in a study about
juror impressions of defendants in criminal trials. You will be playing
the role of a juror and will be asked to read a short summary of a case
and then view a video-tape of the defendant giving testimony about his
or her role in the crime. The defendant is sitting and the questioner
is standing above the defendant out of view of the camera, so the defendant
is looking up at times. Once you view the tape, you will be asked
to make a number of judgments about the individual and the case.
You will be asked to give your honest opinion and all of your answers will
be kept anonymous.
INFORMED CONSENT AND RIGHTS OF RESEARCH PARTICIPANTS
IN THE DEPARTMENT OF PSYCHOLOGY AT SAINT ANSELM COLLEGE
All psychological research at Saint Anselm College
is conducted according to strict ethical principals outlined by the American
Psychological Association and is in full compliance with Federal law.
The Department of Health and Human Services, for example, specifies that
informed consent must be given prior to research studies, that is, “…the
knowing consent of an individual or his legally authorized representative
so situated as to be able to exercise free power of choice without undue
inducement or any element of force, fraud, deceit, duress or other form
of constraint or coercion.”
Simply put, this means when you participate in
any research study, you will be given clear explanation of the procedures
involved. You may ask for clarification either before or during the
procedure, and you may terminate the procedures at any time.
Some of the procedures used in a particular research
study may include the use of media devices such as video and/or audio recording.
Any use of these devices will be fully disclosed at the conclusion of your
participation. You will be given the opportunity to revoke the use
of this recording at the conclusion of your participation if you so choose.
It should be understood that any recordings made will be used for research
purposes only.
After having carefully read and considered the
foregoing, I consent to participate in research activities according to
the terms heretofore enumerated. My signature indicates that I understand
the instructions of this study as they have been read to or read by me.
Date__________________________
Signature___________________________ Print Name_________________________
Class/Student I.D. # _________________________
Appendix C
Cases Summaries
Case Summary 1
Mr. Carter is accused of breaking into a residence
at 27 Main Street on the night of July 14, 2004. The homeowners testified
that they were woken by noise at about 11:30 PM. They came down the stairs
and into the living room and saw the thief, who pointed a gun at them and
told them to sit on the stairs and put their heads down or they would be
killed. A few seconds later the thief ran out the door. The
homeowners assessed the damage and found that several thousand dollars
worth of jewelry and electronics were stolen. Mr. Carter was seen later
that night walking in the neighborhood, and since he does not live in that
neighborhood and looked suspicious, he was brought in for questioning.
The homeowners identified Mr. Carter as the person they believed that they
saw in their house during a lineup at the police station.
Case Summary 2
Mr. Carter is accused of scamming over 100,000
dollars from unsuspecting people in Atlantic City. Mr. Carter is
said to have gone up to people who were sitting by themselves and playing
at slot machines in a casino. He started a conversation with them,
and once he gained this person’s trust, Mr. Carter allegedly asked the
victim to go get a bite to eat and told them that he was going to let them
in on a secret. Mr. Carter allegedly told them that he worked at
a casino across the street and he knew someone who could fix the machines
so that they could win the million dollar jackpot. Mr. Carter allegedly
told the victim that employees were not eligible to win the prize, so if
he or she helped Mr. Carter they could pull it off and split the money.
Mr. Carter allegedly brought the victims to the slot machine and told them
that he needed $500 to pay the friend for his services. The victim
would allegedly hand over the money, Mr. Carter would “go look for” his
friend, and never come back.
Case Summary 3
Ms. Carter is accused of breaking into a residence
at 27 Main Street on the night of July 14, 2004. The homeowners testified
that they were woken by noise at about 11:30 PM. They came down the stairs
and into the living room and saw the thief, who pointed a gun at them and
told them to sit on the stairs and put their heads down or they would be
killed. A few seconds later the thief ran out the door. The
homeowners assessed the damage and found that several thousand dollars
worth of jewelry and electronics were stolen. Ms. Carter was seen later
that night walking in the neighborhood, and since she does not live in
that neighborhood and looked suspicious, she was brought in for questioning.
The homeowners identified Ms. Carter as the person they believed that they
saw in their house during a lineup at the police station.
Case Summary 4
Ms. Carter is accused of scamming over 100,000
dollars from unsuspecting people in Atlantic City. Ms. Carter is
said to have gone up to people who were sitting by themselves and playing
at slot machines in a casino. She started a conversation with them,
and once she gained this person’s trust, Ms. Carter allegedly asked the
victim to go get a bite to eat and told them that she was going to let
them in on a secret. Ms. Carter allegedly told them that she worked
at a casino across the street and she knew someone who could fix the machines
so that they could win the million dollar jackpot. Ms. Carter allegedly
told the victim that employees were not eligible to win the prize, so if
he or she helped Ms. Carter they could pull it off and split the money.
Ms. Carter allegedly brought the victims to the slot machine and told them
that she needed $500 to pay the friend for his services. The victim
would allegedly hand over the money, Ms. Carter would “go look for” her
friend, and never come back.
Appendix D
Transcripts of the Videotaped Testimony
ROBBERY
Prosecutor: Mr. /Ms. Carter, where were you on
the night of July 14?
Mr. /Ms. Carter: I was at work until 7 PM, then
I went to the store and then I went to a
party at
my girlfriend/boyfriend’s house.
Prosecutor: What time did you get to the party?
Mr. /Ms. Carter: I’m not exactly sure, I don’t
wear a watch so I easily lose track of
time.
Prosecutor: Do you know what time you left the
party?
Mr. /Ms. Carter: I’m not sure, it went pretty
late.
Prosecutor: Where do you live?
Mr. /Ms. Carter: Over on Lakewood Ave.
Prosecutor: So what were you doing on Main Street
at 1 AM?
Mr. /Ms. Carter: My boyfriend/girlfriend, whose
house I was at, lives a few streets
over from there. We got into a fight at the party and I went for a walk.
I needed to clear my head.
Prosecutor: Do you find it suspicious for someone
to be walking the streets at 1 o’clock
in the morning in a neighborhood that is not their own?
Mr. /Ms. Carter: No I don’t think so. I
see people out late all of the time.
Prosecutor: So you make a habit of being out late?
Mr./Ms. Carter: No, not necessarily.
Prosecutor: Did you have anything to do with the
robbery at 27 Main Street that night?
Mr. /Ms. Carter: No I did not. Absolutely
not.
Prosecutor: Then how do you explain being identified
by the homeowners?
Mr. /Ms. Carter: They probably recognized me at
the police station because my
boyfriend/girlfriend lives near them. That
doesn’t mean that it was me in their
house. They were woken up in the middle
of the night. They could have easily been mistaken. There’s
no proof.
FRAUD
Prosecutor: Mr. /Ms. Carter, the police took you
in on suspicion of fraud. How do you feel about these charges?
Mr. /Ms. Carter: The charges are ridiculous. I
don’t even know why I am here.
Prosecutor: Why is that?
Mr. /Ms. Carter: Because I’ve never taken money
from anybody. I can’t believe that
they think I had something to do with this.
Prosecutor: Do you work in the Starlight Casino?
Mr. /Ms. Carter: Yes I do.
Prosecutor: How long have you worked there?
Mr. /Ms. Carter: For three years.
Prosecutor: Do you find it easy to make friends?
Mr. /Ms. Carter: Yes, I’ve always been a people
person.
Prosecutor: Why do you think people are drawn
to you?
Mr. /Ms. Carter: I think I’m a pretty nice person.
I’m outgoing and friendly. I love my
job in the casino because I get to work with and meet so many
different types of people.
Prosecutor: Have you ever used a friendship to
your own advantage, like to get
something out of someone?
Mr. /Ms. Carter: No, never. I’m an honest
guy/girl.
Prosecutor: Have you ever tried to take advantage
of anyone in the casino?
Mr. /Ms. Carter: No, never.
Prosecutor: We have talked to a number of people
who believe that you either took
money from them or they saw you take money from someone else. How
do
you explain this?
Mr. /Ms. Carter: Thousands of people go through
the casino everyday. There is a very
good chance that they could have mistaken me
for someone else. I have never stolen money from anyone.
Ask anyone who knows me. I’m not that kind of guy/girl.
Appendix E
Questionnaire #1
Experimental Questionnaire
Based on the testimony that you have just viewed,
please make your best judgment about the defendant in question:
I find the defendant:
Guilty Not Guilty
If guilty, I impose a sentence of (please circle
one):
0-1 yr
1-2 yrs
3-4 yrs
5-6 yrs
7-8 yrs
9-10 yrs
10-11 yrs
11-12 yrs
How sure are you of the decision you made?
1
2 3 4
5 6 7
8 9 10
Very unsure
very sure
In addition to, or instead of a jail sentence,
would you add any additional penalties such as a monetary fine or community
service? If yes, please identify the penalty and explain:
Appendix F
Questionnaire #2
Post-Experimental Questionnaire
I would like to use this opportunity to find out
some of your general impressions of the defendant. Please circle
the number that best corresponds with your opinion.
How likable did you find the defendant?
1 2 3
4 5 6
7 8 9
10
Very unlikable
very likable
How attractive did you find the defendant?
1 2 3
4 5 6
7 8 9
10
Very unattractive
very attractive
How pleasant did you find the defendant’s overall
demeanor?
1 2 3
4 5 6
7 8 9
10
Very unpleasant
very pleasant
What was the crime that the defendant was charged
with?
Appendix G
Questionnaire #3
Participant Impressions of the Study
What did you think this study was about?
Did the study have anything to do with anything
other than what was described to you? If yes, what?
Did this affect your behavior in any way? If yes,
how?
Appendix H
Debriefing Statement
Feedback to Participants
Thank you for participating
in my study. This study is about how jurors are influenced by a defendant’s
physical attractiveness when judging innocence or guilt. The literature
shows that people are usually more lenient with attractive people than
unattractive people. This may be because our society maintains the
idea that what is beautiful is good. However, jurors are often more
harsh on attractive people when they use their looks to get something they
want, which is also a part of my study. The information you provided will
help to further my discovery of whether or not these ideas are true.
It is common for people to make impressions based on an individual’s appearance,
and you should not feel that there is anything wrong with responding in
the way you did. There are no right or wrong answers here and all
of your information will be strictly anonymous.
Please refrain from discussing
this study with anyone, as it is an ongoing study and any information that
may be released may contaminate the results. If you have any further questions
about this experiment or you would like to see the results of this study
please contact me, Alexis Scangas, at PO Box 2165 or Professor Ossoff in
the psychology department. Again, I thank you for all of your help.
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Relevant Links
Saint
Anselm College
American Psychological
Association
National
Criminal Justice Reference Service
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