Effects of Perceived Emotional Intensity on Mock Jurors' Murder/Manslaughter Distinctions

Abstract

Anglo‐American law instructs jurors that defendants' emotions might constitute mitigating circumstances in murder/manslaughter cases. The present study examined which aspects of defendants' emotions mock jurors take into consideration when determining their murder/manslaughter verdicts. Four factors found to be predictive of perceptions of emotional intensity in previous research were shown to be predictive of murder/manslaughter convictions. These factors included whether the defendant had a history of violence with the victim, the particular emotion experienced, whether the defendant dwelt upon the feelings associated with his or her emotion, and whether the defendant intended the actions associated with his or her emotion. These findings are compared with two approaches that the law has taken to evaluate defendants' emotions: objective standards and subjective standards. Ramifications of these findings for jury instructions as well as for the law's conception of emotion are discussed.