M. Lynch et C. Haney, Discrimination and instructional comprehension: Guided discretion, racial bias, and the death penalty, LAW HUMAN B, 24(3), 2000, pp. 337-358
This study links two previously unrelated lines of research: the lack of co
mprehension of capital penalty-phase jury instructions and discriminatory d
eath sentencing. Jury-eligible subjects were randomly assigned to view one
of four versions of a simulated capital penalty trial in which the race of
defendant (Black or White) and the race of victim (Black or White) were var
ied orthogonally. Dependent measures included a sentencing verdict (life wi
thout the possibility of parole or the death penalty), rating of penalty ph
ase evidence, and a test of instructional comprehension. Results indicated
that instructional comprehension was poor overall and that, although Black
defendants were treated only slightly more punitively than White defendants
in general, discriminatory effects were concentrated among participants wh
ose comprehension was poorest. In addition, the use of penalty phase eviden
ce differed as a function of race of defendant and whether the participant
sentenced the defendant to life or death. The study suggest that racially b
iased and capricious death sentencing may be in part caused or exacerbated
by the inability to comprehend penalty phase instructions.