AUTHOR=Yamamoto Susan , Maeder Evelyn M. TITLE=What's in the Box? Punishment and Insanity in the Canadian Jury Deliberation Room JOURNAL=Frontiers in Psychology VOLUME=12 YEAR=2021 URL=https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2021.689128 DOI=10.3389/fpsyg.2021.689128 ISSN=1664-1078 ABSTRACT=

In insanity cases, although the defendant's eventual punishment is legally irrelevant to the jury's decision, it may be psychologically relevant. In this three-part mixed-methods study, Canadian jury eligible participants (N = 83) read a fictional murder case involving an insanity claim, then took part in 45-min deliberations. Findings showed that mock jurors who were generally favourable towards punishment had a lower frequency of utterances that supported the Defence's case. A qualitative description of keyword flagged utterances also demonstrated that mock jurors relied on moral intuitions about authority, harm, and fairness in justifying their positions. These findings may have application in crafting effective Judge's instructions and lawyer's opening statements.