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The Jury Perspective The Psychology Of Race And Gender In Discrimination Cases

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The Jury Perspective The Psychology Of Race And Gender In Discrimination Cases

  1. 1. The Jury Perspective: The Psychology of Race and Gender in Discrimination Cases.
  2. 2. Who are our jurors?
  3. 3. Pennsylvania Population: 12,281,054 Race: Education Level: White: 84% Less than High School: 18% African American: 11% High School or GED: 38% Asian: 3% Some College: 15% Hispanic: 3% Associates Degree: 6% Bachelors Degree: 14% Income: Graduate Degree: 8% Less than 25,000: 28% 25,000 – 75,000: 46% Over 75,000: 26%
  4. 4. Philadelphia County, Pennsylvania Population: 1,448,394 Race: Education Level: White: 42% African American: 44% Less than High School: 22% Asian: 5% High School or GED: 38% Hispanic: 11% Some College: 15% Other race: 7% Associates Degree: 5% Income: Bachelors Degree: 2% Graduate Degree: 9% Less than 25,000: 40% 25,000 – 75,000: 42% Over 75,000: 19%
  5. 5. Preconceptions Influence Perceptions
  6. 6. In a trial, it is most important for a jury to make a decision that… …follows the rules set by the judge 38% …the jury believes is fair 62% N=413
  7. 7. The Psychological Research on Culture and Race Social Perceptions Person Schemas Attitudes Behaviors Cognitions
  8. 8. Social Identity Theory
  9. 9. Social Identity Theory Categorize Identify Compare (Tajfel & Turner, 1986)
  10. 10. Similarity-Leniency Hypotheses that people tend to favor others seen as similar to themselves Alternatively, the Black Sheep Effect
  11. 11. Review of the Research: It Starts Young Children as young as 3 identify with social categories and express preferences (Aboud & Amato, 2001) Negative inter-group gender attitudes emerge between 4 and 5 years old (Bigler, 1995) Minority children show varied responses from out-group favoritism to in-group bias (Brown, 1995)
  12. 12. Review of the Research Individuals who belong to socially advantaged groups typically exhibit more implicit preference for their in-groups and bias against out-groups than do members of socially disadvantaged groups (Dasgupta, 2004)
  13. 13. Majority Group Preferences? Minority preference toward group “valued” by mainstream? The Implicit Association Test implicit.harvard.edu
  14. 14. “Implicit biases exhibited by individuals who belong to socially disadvantaged groups toward their own group may have unintended behavioral consequences that are harmful to their in-group and themselves” (Dasgupta, 2004)
  15. 15. Impact? Intra-race discrimination between African Americans based on skin tone Too black or not black enough? Intra-gender stereotyping of women based on perceptions of femininity. Too feminine or not feminine enough
  16. 16. Gender vs. Race : The Tale of Two Thomases
  17. 17. White men are more likely to discriminate based on race and gender than any other group Non-White, 37% Race White, 18% Female, 29% Gender Male, 28% All 29% 0% 20% 40% 60% 80% 100% N=49 *Data indicate percentage of respondents who agreed with the statement
  18. 18. Gender discrimination is a serious problem in today’s workplace Non-White 74% Race White 45% Female 54% Gender Male 68% Total 61% 0% 20% 40% 60% 80% 100% N=49 *Data indicate percentage of respondents who agreed with the statement
  19. 19. Gender discrimination committed by women is a serious problem in today’s workplace Non-White, 41% Race White, 18% Female, 33% Gender Male, 28% All 31% 0% 20% 40% 60% 80% 100% N=49 *Data indicate percentage of respondents who agreed with the statement
  20. 20. Opinions by Gender 33% Females 54% 28% Males 68% 31% All 61% 0% 20% 40% 60% 80% 100% Gender discrimination committed by women is a serious problem... Gender discrimination is a serious problem... N=49 *Data indicate percentage of respondents who agreed with the statement
  21. 21. Race Discrimination is a serious problem in today’s workplace Non-White, 63% Race White, 36% Female, 42% Gender Male, 60% All 51% 0% 20% 40% 60% 80% 100% N=49 *Data indicate percentage of respondents who agreed with the statement
  22. 22. Race Discrimination committed by people of a minority race is a serious problem in today’s workplace Non-White, 67% Race White, 46% Female, 50% Gender Male, 64% All 57% 0% 20% 40% 60% 80% 100% N=49 *Data indicate percentage of respondents who agreed with the statement
  23. 23. Opinions by Race/Ethnicity 67% Non-White 63% 46% White 36% 57% All 51% 0% 20% 40% 60% 80% 100% Race discrimination committed by people of a minority race... Race discrimination is a serious problem... N=49 *Data indicate percentage of respondents who agreed with the statement
  24. 24. I would be skeptical of an accusation that… 43% All …a minority committed race 52% discrimination against a member 33% Male 46% of his own race 41% Female 31% …a woman committed gender 36% White discrimination against another 25% 32% woman Non- 30% White 35% 48% …a man was sexually harrassed 21% by a woman 32% 37% 0% 20% 40% 60%
  25. 25. What does it all mean? In general, people understand that discrimination can be committed by anyone, but may be skeptical of specific accusations that don’t make intuitive sense to them. People who are racial and ethnic minorities are more sensitive to discrimination issues, regarding race and gender discrimination, than white people Males perceive more problems with discrimination, but are more skeptical about accusations that minorities/women committed discrimination, especially accusations within a demographic group
  26. 26. The Trial Team Should be the Team that is Best for the Job, Regardless of Demographic
  27. 27. What do the people in this audience believe? Agree 40% Disagree 60% White men are more likely to discriminate based on race and gender than any other group. N=25
  28. 28. What do the people in this audience believe? Gender discrimination committed by 32% women is a serious problem… Gender discrimination 64% is a serious problem... 0% 20% 40% 60% 80% 100% N=25
  29. 29. What do the people in this audience believe? Race discrimination committed by people of a minority race is a 48% serious problem… Race discrimination is a serious 68% problem... 0% 20% 40% 60% 80% 100% N=25
  30. 30. What do the people in this audience believe? I would be skeptical of an accusation that… …a woman committed gender discrimination against another 20% woman …a man was sexually harrassed 36% by a woman …a minority committed race discrimination against a member 28% of his own race 0% 20% 40% 60% 80% 100% N=25

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