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://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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