Sex, Sexual Orientation, and Sexism: What Influence Do These Factors Have on Verdicts in a Crime-of-Passion Case?

ABSTRACT

This study investigated the influence of defendant sex, sexual orientation, and participant sex on perceptions of a crime-of-passion. An online sample of 458 individuals read a scenario describing a homicide and provided judgments of verdict, sentence length, legal elements, and sexism. We hypothesized heterosexual female defendants would most likely receive a verdict of manslaughter, be found less guilty, and receive shorter sentences. We were also interested in whether benevolent sexism would contribute to defendant culpability decisions. Lastly, perceptions of legal elements for manslaughter (e.g., great provocation) and murder (e.g., intentionality of actions) were explored. Results demonstrated heterosexual female defendants were less guilty and received the shortest sentences. Also, heterosexual defendants were most likely to meet the manslaughter legal elements. Benevolent sexism contributed significantly to guilt perceptions.

Keywords:

• mock-jury decisions
• psychology and law
• sexual orientation

Notes

Laurie L. Ragatz is now at West Virginia University.

1. To identify possible interaction effects between benevolent sexism and independent variables, a median split was conducted for benevolent sexism and two dichotomous categories (high or low in benevolent sexism) were created. A 2 (participant sex) X 2 (defendant sex) X 2 (sexual orientation: heterosexual v. homosexual) X 2 (benevolent sexism: high v. low) factorial between-subjects ANOVA with guilt as the dependent variable found a main effect for benevolent sexism, F(1, 248) = 5.26, p < .02, partial η ² = .02. Individuals low in benevolent sexism provided significantly higher ratings of guilt (M = 6.72, SD = .69) compared to individuals high in benevolent sexism (M = 6.42, SD = .93). A significant interaction between defendant sex and couple sexual orientation existed, F(3, 306) = 5.56, p < .02, partial η ² = .02, with pairwise comparisons denoting heterosexual females were significantly less guilty (M = 6.32, SD = .93) than homosexual males (M = 6.54, SD = .83), homosexual females (M = 6.65, SD = .75), and heterosexual male defendants (M = 6.75, SD = .65). No other main effects or interactions were found.

People v. Berry, 556 P.2d 777 (Cal. 1976).

People v. McCarthy, 132 Ill. 2d 331; 547 N.E.2d 459 (Ill. 1989).

Vt. Stat. Ann. tit. 13 § 2301 (2006).

Vt. Stat. Ann. tit. 13 § 2304 (2006).

Vt. Stat. Ann. tit. 13 § 4801 (2006).

Watkins v. State, 52 S.W.3d 858 861 (Tex. App. 2001).

Additional information

Notes on contributors

Laurie L. Ragatz

Laurie L. Ragatz previously completed a MA at Castleton State College and this project was her thesis. She is currently a graduate student at West Virginia University pursuing a PhD in clinical psychology. She has conducted research in the areas of jury-decision making, white-collar criminals, criminal thinking, psychopathy, vicious dog ownership, bullying, and animal abuse.

Brenda Russell

Brenda Russell is an associate professor of Applied Psychology at Penn State Berks. Her scholarly and teaching interests include and psychology and law perceptions of homicide defendants, social psychology and cognitive aspects of jury decision making, gender research including rape, sexual coercion, and harassment.