Seen but not Heard: The Effects of Race and Emotional Expression on Jurors’ Influence in Deliberation

Emotions are an important part of persuasion. Experimental research suggests that White and male jurors can use emotion to increase their influence, while other jurors cannot. This research builds on prior research by examining the relationship between naturally occurring emotion during mock jury deliberations and the influence that jurors hold. Participants (N = 708) in 153 mock juries watched a murder trial video and deliberated on a verdict. Participants self-reported their experienced emotions and rated their perceptions of the other jurors’ emotion and influence. After data was collected, I extracted acoustic indicators of expressed emotion from each deliberation and used a speech emotion recognition model to classify each mock juror’s emotional expression. I hypothesized that there would be an overall effect of emotional expression on influence such that as mock jurors’ emotion increased, their influence would also increase. However, I hypothesized that a juror’s race and gender would moderate the relationship between emotion and influence such that White male jurors will be seen as more influential when they are more emotional, and that female jurors and jurors of color will be seen as less influential when they are more emotional. I also hypothesized that female jurors of color will be doubly penalized for being emotional, due to their “double-minority” status. Bayesian model averaging suggested that the data was most probable under models that included perceived emotion, race, and the interaction between the two, compared to models that did not. Consistent with the hypothesis, as participants were perceived as more emotional, their influence increased. In contrast to the hypotheses, being perceived as more emotional increased influence for both White and non-White mock jurors but the effect was stronger for non-White jurors. In other words, while all jurors benefited from being perceived as more emotional, non-White jurors benefited more than White jurors. Male jurors were more influential than female jurors, and gender did not interact with emotion.. Although being perceived as more emotional predicted increased influence for all participants, this research demonstrates that there are racial and gender disparities in the level of influence that someone might hold on a jury.