Gender and presentational style: when the verdict of the trial is unaffected by an attorney's personal characteristics and behavior, justice is served

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Title: Gender and presentational style: when the verdict of the trial is unaffected by an attorney's personal characteristics and behavior, justice is served
Author(s): Campbell, Emily; Pierre-Trettel, Debra; Koenig, Hedii; Pfeifer, Jeffrey E.; Wolfe, Daniel; Gabriel, Kimberly Gabriel
Abstract: Throughout history, the American trial by jury has been thought of as representing the principle that 'justice is blind.' However, studies on the social psychology of law have revealed several biases held by jurors that reduce the probability that a defendant will receive a fair trial. One of the extra-evidential variables that has been shown to effect jurors' verdicts is the defendant's race. Even variables, such as gender, associated with the jurors themselves may influence the verdict. Besides the defendant's and jurors' characteristics, lawyers' characteristics have been shown to affect the outcome of a trial. Among such characteristics are the perceived prestige of a lawyer, a lawyer's actions during voir dire, and an attorney's expertise. More surprising and potentially very disconcerting is the possibility that the gender of an attorney might sway a jury's vote, and thus, affect the fairness of the trial process. The possibility that a verdict might be influenced by an attorney's gender or other characteristics should be explored. This article presents a study that examined the effect of gender and presentational style on the outcome of a criminal trial, as well as the effects of these variables on jurors' perceptions of the prosecutor in the trial.
Publication type: Journal article
Source: Washburn Law Journal, Vol. 31 (1992), pp. 415-454
Publication year: 1992
FOR Code(s): 1801 Law
Keyword(s): Attorneys; Bias; Courts; Criminal justice; Decision making; Discrimination; Guilt determination; Juries; Juror decision-making; Lawyers; Personal bias; Prejudice; Presentation styles; Public perceptions; Sex-role stereotypes; Verdict
Publisher: Washburn University
ISSN: 0043-0420
Publisher URL: http://washburnlaw.edu/wlj/
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