VICTIM IMPACT EVIDENCE IN CAPITAL CASES - DOES THE VICTIMS CHARACTER MATTER

Victim impact evidence is introduced by the prosecution during the pen alty phase of a capital case to describe the character of the victim a nd the emotional, financial, and physical impact of the victim's murde r on survivors. In 1987, the Supreme Court voiced concern that this ev idence would permit the capital sentencing decision to turn on jurors' perceptions of the victim's respectability. This study assesses that concern. Mock jurors watched a reenactment of the penalty phase in the case of Booth v. Maryland. We manipulated the respectability of the v ictim described in the victim impact evidence and found that jurors' j udgments of the victims, victims' survivors, and severity of the crime were all affected by this description. We speculate on the way that t hese moderating variables could, in turn, influence the capital senten cing decision.