Sunday, December 14, 2008

Does attractiveness influence justice under the law?

In a previous post about the elder abuse committed by several young women Ame left this comment:

Learner- do you know if there are any stats on how attractiveness affects one's ability to receive favorable treatment rather than to receive what is due??

I recall reading about studies that reported attractive women tend to be rated higher on work performance evaluations (attractiveness did not matter for men as much in this area), make more money (more so for women than men), and hold more influence over both men and women (but interestingly, less attractive men hold more influence over other men), but I didn't recall reading anything about the effect of attractiveness on treatment under the law. So, I looked to see what I could find.

According to a study from a Dr. Sandie Taylor at Bath Spa University, "attractive suspects" were more likely to be acquitted than "unattractive suspects".

"The researchers at Bath Spa University came to their conclusions after asking 96 volunteers to read a transcript of a fictitious mugging case. Half of the participants were given a picture of an attractive suspect, the others one of a supposedly ugly defendant. The script was the same in either case. The volunteer 'jurors' were then asked to decide whether the suspect was innocent or guilty. In the latter case they also had to decide on a sentence. Analysis of the results revealed that attractive suspects were more likely to be acquitted, despite there being no extra evidence in their favour. "

This article also referred to some previous research done by Dr Taylor that found the gender of the juror can also influence their perceptions of the defendant.

"Women jurors treat female suspects more harshly, especially when they think they might have used their looks to their advantage. Men, on the other hand, tend to give attractive women the benefit of the doubt. The phenomenon, known as the 'halo effect', is thought to extend far beyond the courtroom, with looks affecting an individual's exam marks, job prospects and even ability to make friends."

I also found the following about attractiveness and the justice system via this document about the effect of physical attractiveness in the workplace:

"A physically attractive person charged with the same crime as a less attractive person is more likely to be found not guilty of that crime."
  • Efran, M.G. (1974). The effect of physical appearance on the judgment of guilt, interpersonal attraction, and severity of recommended punishment in simulated jury task. Journal of Research in Personality, 8, 45-54.
"In court cases in which the crime is sex-related, physically unattractive defendants are considered to be more dangerous than better-looking offenders. This effect is often independent of the actual grooming or attire of the defendant."
  • Esses, V.M., & Webster, C.D. (1988). Physical attractiveness, dangerousness, and the
    Canadian criminal code. Journal of Applied Social Psychology, 18, 1017-1031.
  • Sigall, H. & Ostrove, N. (1975). Beautiful but dangerous; effects of offender
    attractiveness and nature of crime on juridic judgment. Journal of Personality
    and Social Psychology, 31, 410-414.
"Physically attractive individuals found guilty of a particular crime are more likely to receive more lenient sentences than less attractive defendants."
  • DeSantis, A., & Kayson, W.A. (1997). Defendants’ characteristics of attractiveness,
    race, and sex and sentencing decisions. Psychological Reports, 81, 679-683.

So, it would appear that attractiveness does influence "justice".

10 comments:

Ame said...

i would have assumed this to be true ... but knowing my friend, i knew that you would be able to find out if this were, in fact, statistically true.

Learner said...

Geeky friends can come in handy :)

Elusive Wapiti said...

Comely people have a leg up in life, in several venues. You mentioned crime. They are also advantaged when it comes to the workplace and politics.

What I really found interesting was the finding that the much-vaunted sisterhood has cracks in it from time to time, in that women bring the hammer more aggressively against other women.

This is analogous to the maxim that I heard a while back that enlisted soliders, if they get in trouble, want to have an officer jury. Because officers are more likely to be lenient than fellow enlisted soldiers.

I suspect the same mechanism is at play here...that men instinctively, reflexively give women the benefit of the doubt that they don't extend to men in similar circumstances.

Learner said...

EW,

I am on the committee in my program that deals with student disciplinary problems. There are 5 faculty on the committee, three men, myself, and one other woman who never comes to the meetings (or does much of anything else for that matter....what we call "dead wood"). We meet with students when they screw up with either grades or behavior and talk with them about the issue. It is meant to notify the student that there is a serious problem that they need to attend to. Part of that is a "stern and serious" statement of the facts of the situation and consequences by the committee. When the student is female (which they are about 90% of the time) I am expected by the male committee members to do most of the talking. My male colleagues on the committee say that I "drop the hammer" better than they do, so I have to do it. Honestly though, I don't think that the real reason (especially since I am hardly the most assertive person). I think part of it is that they can't stand it when the girls cry, and there is almost always crying. I don't like that they cry either, but I can pass the Kleenex without caving.

Ame said...

" I don't like that they cry either, but I can pass the Kleenex without caving."

LOL!!!

the 2 1/2 yr old boy i keep throws a fit by mildly throwing himself on the floor, having a dirty look on his face, and that's it! no yelling, kicking, screaming, crying ... nada! it took me awhile to figure out it was actually a 'fit'!!!

his mom and i laugh ... after his big sister and my two girls, he's gonna have to do a LOT better'n that!!! poor guy :)

Learner said...

LOL Ame :)

Elusive Wapiti said...

"...is that they can't stand it when the girls cry"

Ah, crying, the atom bomb of male-female relationships.

I do wish men would get over their squeamishness about female tears. It makes us vulnerable to manipulation. And women know it. Which is why they use it.

Crying works well in court, too, when the judge is male.

Learner said...

EW,

I do wish men would get over their squeamishness about female tears. It makes us vulnerable to manipulation. And women know it. Which is why they use it.

My sister is having some struggles with her father in law (who lives with my sister and bro in law)over
this related to disciplining her 3 year old daughter. My niece is very curious and somewhat demanding child because she was very premature and then medically unstable for the first 2 years or so of her life. So she tends to get into things and be impatient at times. My sister and her husband are pretty strict with her, regularly tell her "no", and make her wait for some things because they don't want her to be a brat (though she is so cute and sweet and endearing that is sometimes hard to do!) Anyway sometimes when they say no or punish her, my niece will cry (to which my sister says "aw, is Mommy being mean? Do you want to tell Granny? And she will call my Mom and let my niece cry on the phone to her, and my Mom will tell her "be good and listen to Mommy"). But, my sister's father in law will get angry with them saying "don't make her cry!" It causes friction.

Ame said...

crying for females is necessary ... it's like washing out all the frustration or emotion.

just let the woman cry, comfort her, she'll get it all out and move on.

ignoring or making an issue of her crying will make it worse.

kinda like making kids wash hands after playing in the mud. if you just let them wash their hands and be done, it's over. if you let them keep playing in the mud, there continues to be more to wash off (cry about).

Learner - God made little ones SO cute so that we could stand their not-so-cuteness. my best friend has an incredibly challenging son who continues to leaves stories in his wake for posterity. she said they often go into his room after he's asleep to enjoy how sweet he is - when he's sleeping! and he's only in 2nd grade!!!

Learner said...

Ame,
You know how absolutely crazy I am over my niece :) When my sister tells me she is being "ornery" I always say "not my sweet niece!" in mock surprise ;) We are baking Christmas cookies Saturday :)

A good cry can be therapeutic for me too. Not all tears are meant to manipulate others. I think the issue is when people let a woman have her way just to get her to stop crying. That teaches her that crying will get her her own way and can result in her using tears as a manipulative tool.