Before or against the Law? Citizens' Legal Beliefs and Experiences as Death Penalty Jurors
In: Studies in law, politics, and society, Band 27, Heft 1, S. 115-137
ISSN: 1059-4337
In this article, I examine 1,155 former capital jurors' punitive & cynical beliefs toward the criminal justice system & punishment for murder. I find that black capital jurors are significantly more cynical of the legal process than are whites. At the same time, however, I find that blacks are no less punitive than whites. The willingness to impose the state's harshest sentence despite a fundamental distrust of the judicial system reveals what I term, "contradictory legal consciousness." Through the analysis of qualitative interview data, I find that when black respondents' evaluate the defendant's criminal responsibility, it leads them to question the legitimacy of the legal process itself, including the felony murder rule. On the other hand, I find that personal experiences with the crime problem & spiritual transformation play an important role for those black respondents found to articulate a narrative of moral redemption. Building on Ewick & Silbey's (1998) seminal study of legal consciousness among ordinary citizens, this contradictory consciousness aids our understanding of legal consciousness more generally & sheds light on its hegemonic character in jurors' life or death decisions. 5 Tables, 1 Figure, 20 References. Adapted from the source document.