Guilt by association: mock jurors’ perceptions of defendants and victims with criminal family members

Abstract

ABSTRACT The current research addresses the effects that the presence of criminal family members has on trial outcomes for defendants and victims. We expected defendants and victims with criminal family members to be perceived as more similar to their family members compared to having no criminal family members, and for this perception of similarity to worsen trial outcomes for both defendants and victims. In Study 1, mock jurors read a case summary that manipulated the number of criminal family members the defendant had (0, 1, or 3 brothers). Study 2 used the same procedure, but manipulated the victim’s criminal family members. In Study 1, the effect of defendant criminal family members on dependent measures was mediated by how similar the defendant was perceived to be to his brothers. Having criminal family members lessened perceptions of similarity, which led to generally better trial outcomes for defendants. Study 2 yielded divergent findings. Criminal family members increased perceptions of similarity, which led to generally worse trial outcomes for victims. These findings imply that defendants’ and victims’ associations with criminal others could affect trial outcomes and relevant perceptions, but in different directions. These risks could have deleterious effects on due process for defendants and victims.