A fascinating trend emerges when you look at what the research says about jurors’ evaluations of witnesses who share similarities with them. One study found that jurors of a similar race to an expert witness rated her less favorably than did jurors of a different race.[1] Other research has found that medical doctors are harder on doctor defendants in medical malpractice cases than are non-medical jurors.[2] And in the criminal arena, some research has found that female jurors are more skeptical of female accusers in rape trials.[3]
What’s going on? Doesn’t it seem counterintuitive that we appear to be harder on those more like us rather than being in their corner? As we listen in on mock juries’ discussions, we often find that jurors similar to a witness tend to position themselves as more qualified than their peer jurors to judge the witness’ behavior. In that mode, some rate themselves as superior to the testifying witness. If you think about it, the last two studies look at witnesses in unenviable positions (doctor defendant and alleged rape victim). It makes psychological sense that jurors would want to self-protectively distance themselves from any similarity to the witness. Who can blame them for wanting to see themselves as different – and therefore less vulnerable – than their “peer” witness?
More perplexing is how to make sense of the first study where black jurors rated the black female expert witness lower than white jurors did. (Of all types of expert witnesses, jurors rated the black female expert the most favorably overall.) This expert witness played a positive, well-educated role and, therefore, would seem to be someone with whom jurors would want to relate. The researchers theorized that perhaps the white jurors were conscious of the social desirability of avoiding racial stereotypes and rated the black female expert more favorably as a result. It could also be the case that jurors appreciate the barriers a black female in today’s society may have had to overcome to develop her expertise. Unfortunately, it is still a rarity in today’s society to encounter a black female expert in a civil case. Perhaps that novelty made her stand out to other jurors as especially impressive. But why more so to white jurors than to black jurors? It’s a question worth following as time goes on. So the next time you're tempted to like a prospective juror who reminds you of your key witness, think again. That juror just might be her evil twin.
[1] Memon, A, and Shuman, D.W. (1998). Juror perception of experts in civil disputes: The role of race and gender. Law and Psychology Review, 22, 179.
[2] Vidmar, N. & Landau, D. (1994). What animates jury awards for pain and suffering in medical and automobile negligence cases? An empirical study. Presented at the annual meeting of the Law & Society Association, Phoenix, Arizona.
[3] Lerner, M.J., & Miller, D.T. (1978). Just world research and the attribution process: Looking back and ahead. Psychological Bulletin, 85(5), 1030-1051.
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