Characteristics of a defendent - 16 marks (in class)

Question 1

Characteristic of defendent - attractiveness ao1

Answer 1

The more attractive you are, the less you are likely to be found guilty. This is due to a form of cognitive bias where we attribute positive characteristics to more attractive people. Also known as the physical attractiveness stereotype and the “what is beutiful is good” principle, the halo effect, at the most specific level, refers to the tendency of people to rate attractive individuals more favouravly for their personality traits or characteristics than those who are less attractive. So, in a trial, we may assume attractive people are not capable of criminal acts as it doesn’t fit their physical appearance.

Question 2

Characteristic of the defendent- gender

Answer 2

Pre-conceived notions of the traditional roles of males and femals- this links to the stereotypes of the male and femal traits and SLT may play a role in this.
McCoy and Gray (2007) suggest that jurors see female defendants as more believable than male defendants. This assumption is likely to be based on males committing high risk crimes and having high re-offending rates. Additionally, female defendants are often mothers with primary responsibility for their children which makes them seem unlikely to commit a serious crime and/ or be treated leniently by the court

Question 3

Characteristic of the denfendent- race

Answer 3

There is a higher proportion of ethnic minorities in prison (15%) compared to 8% of the UK general population. There has been a long-held sterotypical view that black men are more likely to commmit a crime- this clearly links to subsequent prejudice and discrimination in the court room. Stereotyping and prejudiced schemas have been shown to influence recall and interpretation of information therefore it is a facot that could affect the reliability of jurors decisions. For example, research suggests that white jurors are more likely to find a black defendant guilty compared to a white one. Black defendants also receive harsher sentences than a white defendant for the same crime.

Question 4

What is a counter argument to the idea that the more attractive you are the less likely to be found guilty- Halo effect and also better if tratement in court and less harsh sentence?

Answer 4

If you use your looks for the crime, more likely to be found guilty

Question 5

What is the counter argument to the idea that females are seen as more believable than male defendants- better treatment in court. Type of sentence also can be impacted by gender- females less harsh?

Answer 5

But if you are seen to violate your gender role this could influence a guilty verdict

Question 6

What is a counter argument to the idea that ethic minorities are found guilty more often and have harsher sentences?

Answer 6

Social desirability can matter
Similarity of cultural norms- may be different race but similar culture may reduce effects

Question 7

What is an application to Characteristics of defendent?

Answer 7

Have a mix/ varied of jurors