Psychology Commons^™

The Moderating Effect Of Judge’S Instructions On Victim Impact Testimony In Capital Cases, Judith Platania, Garrett Berman

Arts & Sciences Faculty Publications

In this study, we addressed whether victim impact instructions served as a legal safeguard in a capital case involving victim impact testimony. We hypothesized that specific victim impact instructions would moderate the relation between victim impact testimony and death penalty recommendations. One hundred sixty-six participants viewed a simulated videotaped trial in which a victim impact statement was delivered in different emotional conditions. Judge’s instructions were varied as either general instructions or with the addition of specific victim impact instructions. Participant-jurors who heard specific victim impact instructions were less likely to recommend death compared to participants who heard general jury instructions. …