Jurors’ Emotions and Judgments of Legal Responsibility and Blame: What Does the Experimental Research Tell Us?

Abstract

Jurors’ emotions, both integral and incidental, can affect their attributions of legal responsibility and blame in several, sometimes complexly interrelated ways. The article reviews the experimental research, outlining the multiple paths of emotional influence, and explains why identifying them is worthwhile. It then discusses why the modest-to-moderate effect sizes found in the research may understate emotions’ actual influence in some cases yet overstate it in others, and discounts moral intuitionism as a reason for believing that emotional influences in real cases are stronger than the experimental data indicates. The article concludes with recommendations for further research.

Keywords: emotions, responsibility, blame, judgment, judges, jurors