1. Of Police Brutality: A Mock Jury Study
Influence of Victim and Offender Race and Victim Socioeconomic Status for Cases
Of Police Brutality: A Mock Jury Study
Russ K. E. Espinoza, Sarah Kilcullen & Haley Harris
Department of Psychology - California State University, Fullerton
Introduction
Cases of police brutality and excessive force have been rapidly increasing across the United States in recent years with a great deal of attention focused on White Officer’s shooting unarmed Black victims. These incidents have culminated in not only nationwide demonstrations and protests, and the formation of groups such as Black Lives Matter, but also in an examination in the jury decision making process of charges against police officers. Primarily, these chargers tend to be police brutality and excessive force.
Past research has shown that ethnic minorities, especially Black defendants, are judged and sentenced more harshly in the justice system compared with Whites (Espinoza, 2010; Higginbotham, 2002; Pettit & Western, 2004; Roberts, 2004). This is especially true when the victim is White and of higher Socioeconomic status (SES) (Hilinski-Rosick, Freiburger & Verheek, 2014). However, little research has examined this race/SES bias in juror decision making for police officers accused of police brutality or excessive force. The purpose of this study is to examine White and Back police officers accused of police brutality for the shooting of an unarmed victim who is either White or Black. In addition, we will examine the SES of the victim.
Hypotheses
1. Mock jurors will be significantly more biased toward Black police officer defendants when the defendant is accused of killing a high SES White victim.
2. Specifically, Black police officer defendants accused of excessive force toward high SES White victims will be found guilty significantly more often, given lengthier sentences, be found more culpable and be rated more negatively on a number of trait measures compared with all other conditions.
Table 1: White juror verdict decisions (N = 246)
Not Guilty Guilty
______________________________________________________________________________________________
Black Officer/Low SES Black Victim
Black Officer/Low SES White Victim
White Officer/Low SES Black Victim
White Officer/Low SES White Victim
Black Officer/High SES Black Victim
Black Officer/High SES White Victim
White Officer/High SES Black Victim
White Officer/High SES White Victim
p = .012
Figure 1: Defendant Race X Victim Race & SES
* Significant p < .05
Figure 2: Defendant Race X Victim Race & SES
Results
Verdict
In order to examine the categorical dependent variable of verdict for the combined effects of the independent variables of police officer defendant race, victim race, and victim SES a chi-square analysis was conducted. As hypothesized, a significant three-way interaction was found for verdict. Mock jurors found the Black police officer guilty significantly more often when the victim was White and of high SES, X² (7) = 12.81, p = .012 (see Table 1).
Sentence
We did not find significant effects for sentence based on the combined or separate effects of defendant and victim race, and victim age (p > .05)..
Culpability
  In addition to verdict and sentencing, culpability measures were also examined. A MANOVA was conducted to examine the three-way interaction between defendant and victim race, and victim SES. As hypothesized, a significant three-way interaction was found, we did approach significance, F (16, 112) = 4.53, p < .07. Follow-up univariate analyses revealed significance for the culpability measures of sentencing, F (16, 112) = 4.87, p = .02 (see Figure 1); and blame F (16, 112) = 3.44, p = .047 (see Figure 2). Mock jurors sentenced the Black defendant who was accused of police brutality against the high SES White victim, as well as the White defendant accused of police brutality against the high SES Black victim more punitively compared with all other conditions. In addition, they also placed more blame on these defendants compared with all other conditions.
Trait Ratings
  The juror’s perception of the defendant was also examined by utilizing a variety of trait ratings. A MANOVA was conducted and we found no significant three-way or two-way interactions for the combined effects of defendant and victim race and victim age (p > .05).
Method
Participants
Two-hundred and forty-six undergraduate psychology students (94 Males, 152 Females), with a mean age of 19.11, std acted as mock jurors and were randomly assigned to one of eighteen conditions in a 3 (defendant race: Black or White) X 3 (victim race: Back or White) X 2 (victim SES: high or low) between groups design. The participant racial breakdown was 40% Latino, 25% European-American, 19% Asian American, 4.5% African American, 0.6% Native American and 10% other. Mock jurors read a trial transcript that varied the defendant and victim’s race and the victim’s SES. Mock jurors were asked to render a verdict, recommend a sentence, and answer various culpability questions.
Materials and Procedure
After signing an informed consent form, participants were informed of the instructions for the study. For the first part of the study participants read a criminal court trial. In it, a murder was described as well as a defendant’s plea of not guilty, diagnosis of schizophrenia, and details involving the case. We manipulated defendant and victim’s race (Black or White) and victim’s SES (high or low). The participants were then asked to act as mock jurors and render a verdict, recommend a sentence, and rate the defendant on various culpability and trait ascription measures.
Discussion
Though we did find some support for our hypotheses, mock jurors found the Black police officer defendants guilty significantly more often when they were accused of killing an unarmed White victim. However, we also found this to be the case when the officer was White, and the victim was Black. In addition, we found significance for the culpability measures of sentence and blame. As hypothesized, mock jurors found the Black police officer defendants more culpable significantly more often when they were accused of killing an unarmed White victim.
Future research should examine actual juror members, venire persons, as well as Grand Juries who decide whether or not a case should be brought against a police officer. More often than naught, Grand Juries side with the police officer and 95% of cases of police officers charged with excessive force or police brutality do not go to trial.