NCJ Number
45880
Journal
Australian Journal of Social Issues Volume: 11 Issue: 4 Dated: (NOVEMBER 1976) Pages: 287-290
Date Published
1976
Length
4 pages
Annotation
TO EXAMINE SEX BIAS IN JURY DECISIONS, 204 AUSTRALIAN SUBJECTS (HALF COLLEGE STUDENTS, HALF GENERAL PUBLIC) PARTICIPATED IN A MURDER TRIAL SIMULATION IN WHICH ONLY THE SEX OF THE DEFENDANT WAS VARIED.
Abstract
THE TRIAL SYNOPSIS PRESENTED DETAILS OF A LOVE TRIANGLE OVER WHICH ONE SPOUSE HAD SHOT THE OTHER. THE PROSECUTION ARGUED PREMEDITATED MURDER; THE DEFENDANT CLAIMED TEMPORARY INSANITY. FOLLOWING PRESENTATIOON OF THE SYNOPSIS, SUBJECTS COMPLETED A STANDARD FORM INDICATING THEIR VERDICT AND SUGGESTED SENTENCING AND WERE THEN ASSIGNED TO THREE-MEMBER DISCUSSION GROUPS COMPOSED OF ALL MALE, ALL FEMALE, OR BOTH MALE AND FEMALE SUBJECTS. ANALYSIS OF DATA INDICATED THAT THE FEMALE WAS ACQUITTED 24 PERCENT OF THE TIME AS COMPARED TO ONLY 11.6 PERCENT ACQUITTAL RATE FOR THE MALE DEFENDANT. NO SIGNIFICANT DIFFERENCES BETWEEN MALE/FEMALE ACQUITTALS EMERGED FOR SEX OF SUBJECT OR STUDENT/ NONSTUDENT STATUS. NO SIGNIFICANT SEX/SENTENCE EFFECT WAS FOUND. ONLY 10 GROUPS ACQUITTED THE DEFENDANT, CONSEQUENTLY NO STATISTICAL ANALYSIS WAS POSSIBLE. IN CONTRAST TO FINDINGS OF A SAME-SEX BIAS FOUND IN AMERICAN STUDIES, TWO OF THE THREE MEASURES IN THIS STUDY SHOWED A DECISIONMAKING BIAS WHICH FAVORED THE FEMALE DEFENDANT. IT IS HOPED THAT THESE DEFINITE PRELIMINARY FINDINGS WILL LEAD TO FURTHER RESEARCH INTO AND A GREATER AWARENESS OF THIS DISPARITY IN AUSTRALIAN LEGAL PRACTICE. IT IS SUGGESTED THAT ANY IMBALANCE IS SEXUAL ATTITUDES COULD BE REMEDIED BY THE UTILIZATION OF MORE FEMALE JUDGES, MAGISTRATES, AND JURORS. ALTHOUGH THIS STUDY INDICATES THAT BOTH MALES AND FEMALES SHARE THE SAME BIASES AND THAT INCREASED FEMALE PARTICIPATION WOULD PROBABLY NOT RESULT IN GREATER IMPARTIALITY, IT WOULD PERMIT A BETTER REPRESENTATION OF SOCIETY IN GENERAL WITHIN THE COURTROOM. (JAP)