Investigating Jurors’ Lay Theories About Hate Crimes, Offenders, and Victims: Do They Match the Law?
摘要
Hate crimes are bias motivated acts committed against a person because of their race, ethnicity, gender, gender identity, sexual orientation, religion, and disability. There is no specific crime type that constitutes a hate crime and can be committed against either a person or their property. Similar to how the type of crime can vary, there is ambiguity in who is a hate crime offender and victim. A hate crime offender can be a single individual (e.g., Buffalo grocery store shooter) or a group of people (e.g., Proud Boys). A hate crime victim can also be a single individual (e.g., Ahmaud Arbery) or a group of people (e.g., Pulse nightclub shooting). This ambiguity in what constitutes a hate crime could cause confusion for jurors and subsequently affect whether they render a legally sound verdict. This chapter will begin by summarizing current hate crime legislation. Next, we will describe how psychological theories and concepts (i.e., biases, schemas/stereotypes, lay theories, social cognitive theory, priming, group categorization) can form inaccurate perceptions of hate crimes and affect jurors’ decisions. Finally, the chapter will include suggestions for future research and propose methods to reduce hate crime misconceptions in the courtroom.