The effect of mortality salience on death penalty sentencing decisions when the defendant is severely mentally ill

Abstract

Purpose

Mortality is a salient factor during capital sentencing. The purpose of this paper is to examine the role death plays in jurors’ decisions when sentencing a severely mentally ill defendant who is subject to possible discrimination in a capital trial because of that status.

Design/methodology/approach

The current experiment measured venire jurors’ (n=133) mental illness dangerousness beliefs, and then experimentally manipulated type of mortality salience (dual-focused: participants who contemplated their own mortality and were exposed to trial-related death references vs trial focused: only exposed to death references) and the type of defendant (severely mentally ill vs neutral) accused of a capital offense.

Findings

Mock jurors perceived mental illness to be an important mitigating factor when dual (i.e. self) focused mortality (DFM) salience was induced, whereas participants only exposed to trial-related death references considered mental illness to be an aggravating factor in sentencing and were more likely to evidence stereotype adherence toward the defendant.

Practical implications

The implications of the authors’ findings are problematic for the current legal system. During the majority of capital sentencing, jurors will only be exposed to trial-related death references, as individuals in the trial-focused mortality condition were. The findings suggest that these jurors are likely to engage in discriminatory stereotypes that do not consider fair process when making sentencing decisions. This research also suggests that mortality salience may be able to increase jurors’ attention to such concerns in a trial scenario even when negative mental illness stereotypes are present.

Originality/value

Research builds on existing terror management theory and offers a more nuanced perspective of how focusing on one’s own death can affect jurors’ reliance on stereotypes and lead to inappropriate decisions. Mortality salience can lead to decisions based upon procedural fairness when stereotypes and mortality salience are both present.

Citation

Bandt-Law, B. and Krauss, D. (2017), "The effect of mortality salience on death penalty sentencing decisions when the defendant is severely mentally ill", Journal of Aggression, Conflict and Peace Research, Vol. 9 No. 2, pp. 141-154. https://doi.org/10.1108/JACPR-04-2016-0225