The Role of Implicit Bias in Differential Sentencing Between Black and White Defendants

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Vincent Nazzaro

College:
College of Liberal Arts

Major:
Psychology

Faculty Research Advisor(s):
Jane O’Brien

Abstract:
The current scientific research demonstrates that Black inmates are incarcerated at a disproportionate rate as compared to White defendants for the same crimes. There have been many proposed explanations for this phenomenon, one of which is the existence of implicit bias in jurors. Implicit bias is a negative attitude that one holds towards a specific social group which they are not consciously aware of. By nature, the criminal justice system presents situations to its constituents which are ambiguous, often relying on their discretion. This can lead to a reliance on biases and other potentially prejudiced beliefs to reach decisions on the basis of incomplete information. One specific area of the criminal justice system which is particularly susceptible to implicit bias is criminal trials. Often, jurors are told information which may be distorted due to the presentation of information by the attorneys of the plaintiff and defendant. Additionally, jurors often do not realize their reliance on preconceived beliefs about social groups in their decision-making. It is the responsibility of all researchers within a legal setting to evaluate the extent of how implicit bias affects trial outcome to ensure the equity and fairness of both American and global institutions.

In the current study, the exact role of implicit bias will be considered through the mechanisms of trial outcome through sentencing severity. Using a t-test, participants will be randomly assigned a vignette that describes an ambiguous criminal case. Each participant will also be randomly assigned a mugshot of either a Black or White defendant with these vignettes. Based off the mugshot and the available information, participants will be tasked with deciding whether the defendant is guilty. Additionally, each participant will evaluate their confidence in their decision using a rated scale of 1 to 5. They will then be tasked with prescribing a sentence they feel is most appropriate for the crime given the vignette out of four possible options. It is hypothesized that Black defendants will be found guilty more often than White defendants for the same crime. Furthermore, it is hypothesized that Black defendants will receive harsher sentences as compared to White defendants for the same crime. It is also predicted that implicit bias will mitigate these relationships.


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