Examining the association between victim impact statement emotions and sentencing decisions among mock jurors
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Victim Impact Statements (VIS) and their inclusion in criminal proceedings are controversial, largely because VIS are thought to be too emotional and as such may impair juror or judge decision-making. Across the literature, it does appear that presentation of a VIS results in harsher sentencing outcomes compared to when no VIS is present. There are, however, still some inconsistencies in these effects across the literature, potentially due to the differential impact of emotion expressed within the VIS on decision-making. The aim of the present study was to therefore examine the relationship between different emotions expressed within written VIS (including anger, sadness, fear and disgust) and sentencing decisions, including type of sentence or sentence restriction (ranging from no sentence to fines, unpaid community work or a prison sentence) and prison sentence length. This was examined within a sample of 491 mock juror participants residing in the U.K., recruited through Prolific. Participants were randomly assigned to read one of 10 VIS, and following VIS presentation, were asked to determine an appropriate sentence for the defendant, including sentence restriction as well as sentence length. The 10 VIS differed based on gender of the defendant (male or female) as well as the emotion expressed within the VIS (anger, disgust, fear, sadness, and a control). No significant effect of VIS emotion on sentence restriction or length was found. Participants who read one of the emotional VIS were, however, found to rate the impact the crime had on the victim as higher compared to those who read the control VIS. Male defendants were also found to receive longer prison sentences compared to females. This gender difference was found to be partially mediated by perceptions of dangerousness. These findings contribute to the ongoing debate around VIS and their role in criminal proceedings, as it suggests VIS including VIS emotions do not impact sentencing decisions.