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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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posted on 2024-07-12, 13:37 authored by Emily Campbell, Debra Pierre-Trettel, Hedii Koenig, Jeffrey PfeiferJeffrey Pfeifer, Daniel Wolfe, Kimberly Gabriel Gabriel
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.

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ISSN

0043-0420

Journal title

Washburn Law Journal

Volume

31

Pagination

39 pp

Publisher

Washburn University

Copyright statement

Copyright © 1992 by Washburn Law Journal. The published version is reproduced with the permission of the publisher.

Language

eng

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