Correlated defendant attributes, not discrimination alone, can drive apparent bias in verdicts

Evidence

Additionally, future research should explore how race influences deliberating juries, rather than individual jurors. Research has documented that high-status people (e.g., men, people of higher socioeconomic status) tend to contribute more to jury deliberations than do lower status individuals (Diamond & Casper, 1992; York & Cornwell, 2006). Other studies, however, have noted higher rates of self-reported participation among Black jurors (Cornwell & Hans, 2011). Minority jurors may also be perceived differently than White jurors, as research demonstrates that emotions such as anger are less effectively used by women and Black men (Salerno, Peter-Hagene, & Jay, 2019). Additionally, there are important reasons for not assuming that decisions made by individual jurors will reflect those of deliberating juries, as jurors may be influenced by the initial discussion of the evidence, and the various processes of social influence which may influence verdicts (Salerno & Diamond, 2010). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 913 (#complicates, via linked claim)

Categorization

• XREF: connects to: Judge attractiveness bias measurably reduces real-world fines and bail amounts — Anthony G. Greenwald and Mahzarin R. Banaji, Implicit Social Cognition: Attitudes,…, 92; Judge behavior can falsely appear biased when prosecutors treat defendants unequally.; Defendants’ race reliably predicts negative case outcomes (+8 more)

Broader Connections

• Race and gender of defendants causally affect judicial outcomes #complicates (0.80)
• Individual juror bias studies may not predict deliberating jury verdicts #complicates (0.75) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 913