Excusing murder? Conservative jurors' acceptance of the gay-panic defense

Jessica Salerno, Cynthia J. Najdowski, Bette L. Bottoms, Evan Harrington, Gretchen Kemner, Reetu Dave

Research output: Contribution to journalArticlepeer-review

16 Scopus citations

Abstract

We conducted a simulated trial study to investigate the effectiveness of a "gay-panic" provocation defense as a function of jurors' political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal jurors were unaffected by the gay-panic manipulation. The effect of the gay-panic defense on punitiveness was mediated by conservatives' decreased moral outrage toward the defendant. Implications for psychological theory and the legal system are discussed.

Original languageEnglish (US)
Pages (from-to)24-34
Number of pages11
JournalPsychology, Public Policy, and Law
Volume21
Issue number1
DOIs
StatePublished - Feb 1 2015

Keywords

  • Juror decision making
  • Moral outrage
  • Political orientation
  • Prejudice and stereotyping
  • Sexual prejudice

ASJC Scopus subject areas

  • Social Psychology
  • Sociology and Political Science
  • Law

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