How a Capital Trial affects its Jurors

 


For this blog, I wanted to find a connection between psychology and the death penalty, and I came across the topic of how a capital trial can have a negative impact on the jurors of the trial. I personally have never heard this topic discussed in any of my psychology or criminology classes before, and it is a concerning issue where the emotional and physical well-being of jurors is not discussed enough.

Janvier Slick, a clinical social worker, describes capital juries as “unconsidered casualties in death penalty cases.” The Capital Jury Project reports that of the jurors they interviewed, 81% of the females and 18% of the males reported feeling regret after finding the defendant guilty, leading to a sentence of the death penalty. Additionally, 63% of the female jurors and 38% of the male jurors sought therapy after the trial. Those who witness a capital murder trial and/or impose a death sentence are more likely to have PTSD symptoms, sleep issues, difficulties with eating, substance abuse, anxiety, and depression. For some, these symptoms are long-lasting. Based on this data, many more females than males report experiencing all these harmful effects of a trial in most areas. It is unclear if this is due to the stigma of males not reporting their feelings and reactions to the trial, but it is a possibility.

One of the most obvious reasons for the distress of these trials is the weight of the responsibility of sentencing. Most of these individuals take a life-or-death sentence very seriously, to the point where it creates emotional and physical damage. There is still usually a disparity in opinions on the death penalty between jurors. The regret mentioned earlier may be because they felt the death sentence was not appropriate, while others felt they should have imposed a harsher sentence. No matter which way the jurors felt, a sentence as serious as the death penalty is not taken lightly.

Another cause of these symptoms is that jurors tend to fear the backlash from their own family and friends as well as those of the defendant and victim(s) based on the sentencing of the trial. They feel a sense of duty towards the victims and their families. For example, consider the recent sentencing of the Parkland Shooter. Many Families of the victims were upset with the jury for not imposing a death sentence, while others were relieved. Others worry for their safety if the defendant were to access their personal information after delivering a heavy sentence. One juror stated regarding the defendant:

it upset me that he was allowed to have pen and paper during jury selection. That he knew I had a nine-year-old daughter. That was scary to me that the defendant is allowed, while they’re questioning the jurors, to write stuff down. That was kind of scary, because you have to give your name and address. That kind of hit home. The lady next to me was a bit concerned with that, too.

Additionally, the day of the execution can remind jurors of their decision and aggravate their symptoms even further.

Being sequestered is another aspect of being a juror that causes distress. Many jurors report feeling isolated and lonely while they were sequestered. Some even describe it as “a prison.” One sequestered juror said:

(you) don’t get to talk with anyone about (your) experience until the end. (It’s) isolating . . . (the) experience overall is difficult.” Similarly, a female juror in a death case commented, “being sequestered, feeling isolated because of it. I found it difficult to talk to others on everything.

Another relational issue occurs after the trial where jurors report difficulty in their relationships with partners, coworkers, and friends. Some referred to this as “post jury blues.” They have difficulty holding normal conversations with others because they have gone through an emotional and even traumatic event.

So why do jurors experience such adverse effects during a capital trial? Evidence plays a large role. Evidence tends to be graphic, especially in a murder trial. Jurors report significant distress after viewing photographs of the victims of the case. One juror stated in response to seeing the photo of a deceased victim:

the picture of her dead, her eyes open. That was another shocking thing too. Part of the trial, when they presented the evidence, they had a slide show and they had this one slide of . . . showed the one victim, her eyes open. You thought for a minute that it was her at some time in her life when she was alive, but then they tell you, no, this is a morgue shot. You don’t think of these things when you see a dead body on TV or in the movies or whatever. You usually don’t see them with their eyes open, you see them closed. Here is this lifelike looking face, looking at you, but this person is dead. That kinda bothered me.

With the death penalty still legal in some areas of the country, the mental and physical health of the juries need to be taken into consideration. The weight of sentencing, fear of reactions from the community, being sequestered, and graphic evidence are some of the factors which have negative impacts on a jury. These trials are causing significant distress to the jurors which needs to be addressed psychologically. Psychologists, counselors, and medical doctors should be made available to the jurors both during and after the trial to prevent or reduce the effects which could cause them harm. Michael Antonio suggests that at least debriefing be mandatory, and counseling provided as an option. Additionally, more assessments should be made to determine if potential jurors can withstand the stressors of a trial where they will be exposed to graphic evidence and/or a severe sentence. We cannot continue to forget about these jurors who are also victims in these cases.

Sources:

https://www.psychologytoday.com/us/blog/get-psyched/201401/it-s-time-kill-the-death-penalty

https://verdict.justia.com/2013/10/25/weight-capital-punishment-jurors-justices-governors-executioners

https://ncfsc-web.squiz.cloud/__data/assets/pdf_file/0021/16635/stress-and-the-capital-jury.pdf

https://secure.in.gov/ipdc/files/judicature-article-on-juries.pdf

 

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