Examining the Prejudicial Effects of Gang Evidence on Jurors

Abstract

This study was designed to examine the potential biasing effects of gang association on mock juror verdicts. Three hundred and fifteen undergraduate psychology students watched one of three versions of a simulated trial that included opening and closing arguments by the defense and prosecution, together with direct and cross-examination of the investigating officer and the victim/eyewitness. The three versions differed only in regard to mention of the defendant's gang association. Gang association was manipulated by having the defendant described as either seen hanging out with gang members on the night of the incident (gang affiliate) or being a documented gang member with a gang tattoo (hardcore gang member). In the control condition, no mention of gangs was made. As predicted, when testimony on gang affiliation was introduced, guilty verdicts increased significantly. Overall, participants were more likely to find the defendant guilty in the gang affiliate and hardcore gang conditions when compared to the no-gang control condition. Various explanations for this effect are examined, and the implications of these data are discussed.

Keywords:

• bias
• jury decision making
• mock juror
• mock trial
• extralegal factors

ACKNOWLEDGEMENTS

We thank Amber Ritter, Kristen Adams, Elissa Waltz, and Winney Borzag for their assistance in collecting and entering these data and for comments provided in the preparation of this article.