The influence of mitigation evidence, ethnicity, and SES on death penalty decisions by European American and Latino venire persons.

The purpose of the research was to determine whether European American and Latino mock jurors would demonstrate bias in death penalty decision making when mitigation evidence and defendant ethnicity and socioeconomic status (SES) were varied. A total of 561 actual venire persons acted as mock jurors and read a trial transcript that varied a defendant's case information (mitigating circumstances: strong/weak, defendant ethnicity: European American/Latino, and defendant SES: low/high). European American jurors recommended the death penalty significantly more often for the low SES Latino defendant when strength of mitigation evidence was weak. In addition, they also assigned this defendant higher culpability ratings and lower ratings on positive personality trait measures compared with all other conditions. Strong mitigation evidence contributed to lower guilt ratings by European American jurors for the high SES European American defendant. Latino jurors did not differ in their death penalty sentencing across defendant mitigation, ethnicity, or SES conditions. Discussion of in-group favoritism and out-group derogation, as well as suggestions for procedures to diminish juror bias in death penalty cases, is provided.

Defendant and defense attorney characteristics and their effects on juror decision making and prejudice against Mexican Americans.

Racial bias in legal decision making has been given considerable attention over the past few decades, focusing mainly on African Americans to the exclusion of other minority groups. The purpose of this study was to address the dearth of research examining bias against Mexican American defendants. Two hundred forty-seven participants read through a trial transcript that varied defendant race/ethnicity (Mexican American or European American), defense attorney race/ethnicity (Mexican American or European American), and defendant socioeconomic status (SES; low or high [upper middle class]). Dependent measures included verdict, sentencing, culpability ratings, and trait assessments. Bias against Mexican American defendants occurred most when the Mexican American defendant was of low SES and represented by a Mexican American defense attorney. In addition, attorneys representing low-SES Mexican American defendants were perceived as less competent and rated lower on a number of trait measures. Limitations, applications, and future directions are discussed.