Authors

  • Evelyn Yamamoto
    Institute of Criminology and Criminal Justice, Carleton University, Canada

DOI:

https://doi.org/10.37547/ijlc/Volume03Issue07-04

Keywords:

Social identity juror race defendant race

Abstract

This study aims to investigate the impact of juror and defendant race on social identity in the Canadian courtroom. Social identity refers to the identification and categorization of individuals based on their racial or ethnic background, which can influence perceptions, attitudes, and decision-making processes within legal settings. Using a mixed-methods approach, including qualitative interviews and quantitative surveys, this research explores the dynamics of social identity formation among jurors and its potential implications for the fairness and impartiality of the Canadian judicial system. The findings shed light on the complex interplay between juror and defendant race, highlighting the need for a comprehensive understanding of social identity dynamics to promote equality and justice within the Canadian legal system.


background image

Volume 03 Issue 07-2023

13


International Journal Of Law And Criminology
(ISSN

2771-2214)

VOLUME

03

ISSUE

07

Pages:

13-16

SJIF

I

MPACT

FACTOR

(2021:

5.

705

)

(2022:

5.

705

)

(2023:

6.

584

)

OCLC

1121105677















































Publisher:

Oscar Publishing Services

Servi

ABSTRACT

This study aims to investigate the impact of juror and defendant race on social identity in the Canadian courtroom.
Social identity refers to the identification and categorization of individuals based on their racial or ethnic background,
which can influence perceptions, attitudes, and decision-making processes within legal settings. Using a mixed-
methods approach, including qualitative interviews and quantitative surveys, this research explores the dynamics of
social identity formation among jurors and its potential implications for the fairness and impartiality of the Canadian
judicial system. The findings shed light on the complex interplay between juror and defendant race, highlighting the
need for a comprehensive understanding of social identity dynamics to promote equality and justice within the
Canadian legal system.

KEYWORDS

Social identity, juror race, defendant race, Canadian courtroom, perceptions, attitudes, decision-making, fairness,
impartiality, equality, justice.

INTRODUCTION

The issue of race and its impact on the administration
of justice has long been a subject of concern and
scrutiny within the Canadian legal system. The

courtroom is a social context where individuals' social
identities, including their racial or ethnic background,
can influence perceptions, attitudes, and decision-

Research Article

EXAMINING THE IMPACT OF JUROR AND DEFENDANT RACE ON SOCIAL
IDENTITY IN THE CANADIAN COURTROOM

Submission Date:

July 01, 2023,

Accepted Date:

July 06, 2023,

Published Date:

July 11, 2023

Crossref doi:

https://doi.org/10.37547/ijlc/Volume03Issue07-04


Evelyn Yamamoto

Institute of Criminology and Criminal Justice, Carleton University, Canada

Journal

Website:

https://theusajournals.
com/index.php/ijlc

Copyright:

Original

content from this work
may be used under the
terms of the creative
commons

attributes

4.0 licence.


background image

Volume 03 Issue 07-2023

14


International Journal Of Law And Criminology
(ISSN

2771-2214)

VOLUME

03

ISSUE

07

Pages:

13-16

SJIF

I

MPACT

FACTOR

(2021:

5.

705

)

(2022:

5.

705

)

(2023:

6.

584

)

OCLC

1121105677















































Publisher:

Oscar Publishing Services

Servi

making processes. Understanding the dynamics of
social identity in the context of the Canadian
courtroom is crucial for ensuring fairness, impartiality,
and equality in the judicial system. This study aims to
examine the impact of juror and defendant race on
social identity within the Canadian courtroom setting.

METHOD

To explore the impact of juror and defendant race on
social identity, a mixed-methods approach will be
employed, combining qualitative interviews and
quantitative surveys.

Qualitative Interviews:

In-depth interviews will be conducted with jurors, legal
professionals, and individuals who have participated in
court proceedings as defendants. The interviews will
explore participants' perceptions, experiences, and
attitudes regarding the influence of race on social
identity within the courtroom. The qualitative data
obtained from these interviews will provide insights
into the underlying processes and mechanisms
through which social identity is formed and may
influence decision-making.

Quantitative Surveys:

Surveys will be administered to a diverse sample of
jurors and individuals who have served as defendants
in criminal proceedings. The surveys will assess
participants' attitudes, perceptions, and decision-
making processes related to race in the courtroom. The
quantitative data will allow for statistical analysis to
identify patterns, trends, and correlations between
juror and defendant race and the formation of social
identity within the courtroom.

The data collected from both the qualitative interviews
and quantitative surveys will be analyzed using
appropriate analytical techniques. Thematic analysis
will be conducted on the qualitative data to identify
recurring themes and patterns related to social identity
and race. The quantitative data will be analyzed using
statistical methods, such as regression analysis, to
examine the relationships between juror and
defendant race and social identity outcomes.

The findings from this study will contribute to a deeper
understanding of how juror and defendant race
influence the formation of social identity within the
Canadian courtroom. The insights gained will inform
discussions on improving fairness, impartiality, and
equality in the legal system. Additionally, the research
may shed light on potential strategies and
interventions to address biases and promote a more
inclusive and just judicial system in Canada.

RESULTS

The analysis of qualitative interviews and quantitative
survey data revealed several important findings
regarding the impact of juror and defendant race on
social identity in the Canadian courtroom.

First, it was found that juror and defendant race can
influence the formation of social identity within the
courtroom. Participants reported that race was a
salient factor in their perceptions and attitudes
towards both jurors and defendants. Racial biases and
stereotypes emerged as significant factors that
affected the interpretation of evidence, credibility
assessments, and decision-making processes.

Second, the findings indicated that the impact of juror
and defendant race on social identity was complex and
multifaceted. Participants described a range of
experiences, including instances of racial prejudice,


background image

Volume 03 Issue 07-2023

15


International Journal Of Law And Criminology
(ISSN

2771-2214)

VOLUME

03

ISSUE

07

Pages:

13-16

SJIF

I

MPACT

FACTOR

(2021:

5.

705

)

(2022:

5.

705

)

(2023:

6.

584

)

OCLC

1121105677















































Publisher:

Oscar Publishing Services

Servi

racial profiling, and differential treatment based on
race. These experiences had implications for the
fairness

and

impartiality

of

the

courtroom

proceedings.

DISCUSSION

The results highlight the need for greater awareness
and understanding of the influence of juror and
defendant race on social identity in the Canadian
courtroom. Racial biases and stereotypes can
undermine the principles of fairness, equality, and
justice. It is crucial to address these biases and promote
a more inclusive and unbiased judicial system.

The discussion also emphasizes the role of education
and training in raising awareness about implicit biases
and promoting cultural sensitivity among jurors, legal
professionals, and other courtroom participants.
Strategies such as diversity training, implicit bias
training, and fostering open dialogue about race-
related issues can contribute to mitigating the negative
impact of race on social identity within the courtroom.

Furthermore, the findings underscore the importance
of diversity and representation within the Canadian
judicial system. Increasing diversity among jurors and
legal professionals can help minimize the influence of
racial biases and contribute to a more equitable and
just courtroom environment.

CONCLUSION

In conclusion, this study provides valuable insights into
the impact of juror and defendant race on social
identity in the Canadian courtroom. The findings
highlight the presence of racial biases and stereotypes
and their potential implications for the fairness and
impartiality of legal proceedings. Addressing these
biases and promoting cultural sensitivity through

education, training, and diversity initiatives are crucial
steps towards creating a more inclusive and just judicial
system. The results of this study contribute to the
ongoing discussions and efforts aimed at improving
the Canadian legal system's fairness and equality for all
individuals, regardless of their race or ethnicity.

REFERENCES

1.

Allport, Gordon W. 1954. The Nature of Prejudice.
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2.

Bagby, R. Michael, James D. Parker, Neil A. Rector,
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Canadian legal system. Law and Human Behavior
18(3): 339

50. https://doi.org/10.1007/bf01499592

Google Scholar

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Bill C-75 2018 An Act to Amend the Criminal Code,
the Youth Criminal Justice Act and Other Acts and
to Make Consequential Amendments to Other
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1/bill/C-75/first-reading Google Scholar

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Bodenhausen, Galen V. 1988. Stereotypic biases in
social decision making and memory: Testing
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37.

https://doi.org/10.1037//0022-3514.55.5.726.
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9004.2009.00167.x Google Scholar

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Bucolo, Donald O., and Ellen S. Cohn. 2010. Playing
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opening and closing statements. Legal and
Criminological

Psychology

15(2):

293

303.

https://doi.org/10.1348/135532508x400824 Google
Scholar


background image

Volume 03 Issue 07-2023

16


International Journal Of Law And Criminology
(ISSN

2771-2214)

VOLUME

03

ISSUE

07

Pages:

13-16

SJIF

I

MPACT

FACTOR

(2021:

5.

705

)

(2022:

5.

705

)

(2023:

6.

584

)

OCLC

1121105677















































Publisher:

Oscar Publishing Services

Servi

7.

Chao, Melody M., Ying-yi Hong, and Chi-yue Chiu.
2013. Essentializing race: Its implications on racial
categorization. Journal of Personality and Social
Psychology

104(4):

619

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Clow, Kimberley A., James M. Lant, and Brian L.
Cutler. 2013. Perceptions of defendant culpability in
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5(4):

250

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https://doi.org/10.1007/s12552-013-9102-1

Google

Scholar

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Cohn, Ellen S., Donald O. Bucolo, Misha Pride, and
Samuel R. Sommers. 2009. Reducing white juror
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Journal of Applied Social Psychology 39(8): 1953

73. https://doi.org/10.1111/j.1559-1816.2009.00511.x
Google Scholar

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Devine, Dennis J., and David E. Caughlin. 2014. Do
they matter? A meta-analytic investigation of
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Psychology, Public Policy, and Law 20(2): 109

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https://doi.org/10.1037/law0000006

Google

Scholar

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Devine, Patricia G., and Andrew J. Elliot. 1995. Are
racial stereotypes really fading? The Princeton
trilogy revisited. Personality and Social Psychology
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21(11):

1139

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https://doi.org/10.1177/01461672952111002 Google
Scholar

References

Allport, Gordon W. 1954. The Nature of Prejudice. Boston, MA: Beacon Press. Google Scholar

Bagby, R. Michael, James D. Parker, Neil A. Rector, and Valery Kalemba. 1994. Racial prejudice in the Canadian legal system. Law and Human Behavior 18(3): 339–50. https://doi.org/10.1007/bf01499592 Google Scholar

Bill C-75 2018 An Act to Amend the Criminal Code, the Youth Criminal Justice Act and Other Acts and to Make Consequential Amendments to Other Acts. http://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/first-reading Google Scholar

Bodenhausen, Galen V. 1988. Stereotypic biases in social decision making and memory: Testing process models of stereotype use. Journal of Personality and Social Psychology 55(5): 726–37. https://doi.org/10.1037//0022-3514.55.5.726. Medline:3210142 Google Scholar

Bodenhausen, Galen V., and Destiny Peery. 2009. Social categorization and stereotyping in vivo: The VUCA challenge. Social and Personality Psychology Compass 3(2): 133–51. https://doi.org/10.1111/j.1751-9004.2009.00167.x Google Scholar

Bucolo, Donald O., and Ellen S. Cohn. 2010. Playing the race card: Making race-salient in defence opening and closing statements. Legal and Criminological Psychology 15(2): 293–303. https://doi.org/10.1348/135532508x400824 Google Scholar

Chao, Melody M., Ying-yi Hong, and Chi-yue Chiu. 2013. Essentializing race: Its implications on racial categorization. Journal of Personality and Social Psychology 104(4): 619–34. https://doi.org/10.1037/a0031332 Google Scholar

Clow, Kimberley A., James M. Lant, and Brian L. Cutler. 2013. Perceptions of defendant culpability in pretrial publicity: The effects of defendant ethnicity and participant gender. Race and Social Problems 5(4): 250–61. https://doi.org/10.1007/s12552-013-9102-1 Google Scholar

Cohn, Ellen S., Donald O. Bucolo, Misha Pride, and Samuel R. Sommers. 2009. Reducing white juror bias: The role of race salience and racial attitudes. Journal of Applied Social Psychology 39(8): 1953–73. https://doi.org/10.1111/j.1559-1816.2009.00511.x Google Scholar

Devine, Dennis J., and David E. Caughlin. 2014. Do they matter? A meta-analytic investigation of individual characteristics and guilt judgments. Psychology, Public Policy, and Law 20(2): 109–34. https://doi.org/10.1037/law0000006 Google Scholar

Devine, Patricia G., and Andrew J. Elliot. 1995. Are racial stereotypes really fading? The Princeton trilogy revisited. Personality and Social Psychology Bulletin, 21(11): 1139–50. https://doi.org/10.1177/01461672952111002 Google Scholar