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Psychology of Religion and Spirituality © 2014 American Psychological Association

2014, Vol. 6, No. 3, 188 –197 1941-1022/14/$12.00 DOI: 10.1037/a0036344

The Relationship Between Mock Jurors’ Religious Characteristics and


Their Verdicts and Sentencing Decisions

Monica K. Miller Jonathan Maskaly


University of Nevada, Reno East Carolina University

Clayton D. Peoples and Alexandra E. Sigillo


University of Nevada, Reno
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.

Two mock jury studies investigated whether jurors’ religious characteristics relate to verdicts and
This document is copyrighted by the American Psychological Association or one of its allied publishers.

sentencing decisions. In Study 1, adding religious characteristics to a model with only demographics and
authoritarianism increased the model’s explanatory power. Scoring high on devotionalism was signifi-
cantly related to not guilty verdicts; scoring high on fundamentalism was significantly related to guilty
verdicts. In both studies, being on a religious quest was significantly related to prodefendant legal
decisions. Lawyers can use this information in jury selection. Further, authoritarianism was a mediator
of the relationship between some religious variables and legal decisions, helping explain the underlying
reasons for such relationships.

Keywords: jury decision-making, religious characteristics, attributions, authoritarianism, fundamental-


ism, Questism, devotionalism

During jury selection, lawyers occasionally exclude potential characteristics in limited contexts (e.g., death penalty; Miller &
jurors based on their religious characteristics (Miller & Hayward, Hayward, 2008). The current study involved two legal contexts
2008). Appellate courts have upheld exclusion of potential jurors (i.e., guilt verdicts and sentencing decisions in criminal cases) and
with strong religious beliefs (United States v. DeJesus, 2003) or implement previously unused religious scales (e.g., being on a
who belonged to certain religious groups (e.g., State v. Purcell, religious quest) to determine relationships between a variety of
2001). Others have objected to exclusions based on religious religious characteristics and legal decisions.
affiliation (e.g., Highler v. State, 2006). Trial consulting articles
offer suggestions for how to use religion as a basis for selecting
jurors (e.g., Lindsey et al., 2008). A question remains, however, as
How Lawyers Select Jurors Based on Their Religious
to whether this is an effective practice. Specifically, does removing Characteristics
jurors with certain religious characteristics improve the chances of Before the start of jury trials, attorneys use peremptory chal-
a favorable legal decision? lenges to dismiss potential jurors who might favor the opposing
Two studies determined whether jurors’ religious characteristics side. The U.S. Supreme Court has indicated that jurors cannot be
(e.g., fundamentalist beliefs) relate to their verdicts and sentencing excluded based on their race (Batson v. Kentucky, 1986) or gender
decisions. Previous studies investigated relationships between re- (J.E.B. v. Alabama, 1994); however, the Court decided not to rule
ligious characteristics and attitudes toward various punishments, on religion-based exclusions (Davis v. Minnesota, 1994). Some
but used a limited number of religious scales and/or did not lower courts have decided that it is unacceptable to exclude jurors
measure verdicts or sentences specifically (Grasmick, Bursik, & based on any religious characteristic (e.g., State v. Hodge, 1999;
Blackwell, 1993; Young, 1992). Some studies only focused on United States v. DeJesus, 2003), while other courts allow the
affiliation, while ignoring variation in religious beliefs (Songer & practice (e.g., State v. Fuller, 2004; State v. Purcell, 2001).
Tabrizi, 1999). Other research studied the impact of religious In jurisdictions that allow it, some lawyers select jurors based on
religious characteristics (see Bornstein & Miller, 2009). Lawyers
have excluded jurors who are Catholic (State v. Purcell, 2001),
Islamic (State v. Hodge, 1999), Jehovah’s Witness (People v.
This article was published Online First April 21, 2014. Martin, 1998), Pentecostal (Casarez v. State, 1995), or highly
Monica K. Miller, Department of Criminal Justice and Interdisciplinary religious (e.g., State v. Fuller, 2004). Trial consulting guides and
PhD Program in Social Psychology, University of Nevada, Reno; Jonathan legal scholars discuss the practice of selecting jurors based on their
Maskaly, Department of Criminal Justice, East Carolina University; Clay-
characteristics (Fulero & Penrod, 1990; Hans & Jehle, 2003;
ton D. Peoples, Department of Sociology, University of Nevada, Reno;
Alexandra E. Sigillo, Interdisciplinary PhD Program in Social Psychology,
Lieberman & Sales, 2006), but note that relationships between
University of Nevada, Reno. personal characteristics and verdicts are typically small (Bornstein
Correspondence concerning this article should be addressed to Monica & Miller, 2009). Though lawyers use this practice, there is little
K. Miller, Department of Criminal Justice, University of Nevada, Reno. research that tests relationships between religion and juror deci-
E-mail: mkmiller@unr.edu sions (but see Kerr, Hymes, Anderson, & Weathers, 1995; Miller

188
RELIGIOUS INDIVIDUAL DIFFERENCES 189

& Hayward, 2008). The current research investigated whether are aware of) has found that fundamentalists are less punitive than
jurors’ religious beliefs are related to verdicts (Study 1) and nonfundamentalists. Punitiveness might translate into fundamen-
sentencing decisions (Study 2), and whether these religious char- talists being more likely to convict and believe a defendant de-
acteristics predict juror behavior above and beyond basic demo- serves prison.
graphics. Devotionalism is essentially how important religion is to a
person. In general, the more devout individuals are, the less fa-
Religion and Legal Judgments vorable their attitudes toward the death penalty. For instance,
persons who pray and read the Bible more frequently (Young,
It is a widely held belief that peoples’ religious backgrounds 1992), have “stronger” religious experiences (Unnever & Cullen,
affect their legal attitudes (e.g., verdicts, sentencing; see Bornstein 2006), or attend religious services more frequently (Baumer,
& Miller, 2009). For instance, a judge allegedly advised a prose- Messner, & Rosenfeld, 2003) are less supportive of the death
cutor to remove Jewish potential jurors because they are unlikely penalty. Meanwhile, other studies have found no relationship
to give the death penalty (Kravets, 2006). Although lawyers might between devotionalism and support for harsher courts (Applegate
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.

remove jurors based on their religion, research has not yet fully et al., 2000), more punitive treatment of criminals (Applegate et
This document is copyrighted by the American Psychological Association or one of its allied publishers.

determined which religious characteristics might affect legal out- al., 2000), or mock jurors’ verdicts (Miller, 2006; Miller & Hay-
comes. ward, 2008). Only one study has found that devotionalism is
related to greater punitiveness; specifically, mock jurors in a child
Relationship Between Religious Characteristics and abuse case who went to church more often were more likely to
Legal Judgments convict than those who attended less often (Johnson, 1985).
Four other religious measures were included in the current
Differences between religious groups often predict attitudes research; these have been used much less frequently to predict
toward punishment or verdicts. For instance, Jewish mock jurors legal judgments. Two concern extrinsic religiosity (social or prac-
are less likely to convict than Christian jurors in a child molesta- tical) and one concerns intrinsic religiosity. Extrinsically religious
tion case (Kerr et al., 1995) and Southern Baptists tend to support persons use religion to find, “security and solace, sociability and
the death penalty more than other Christian groups (e.g., Catholics;
distraction, status and self-justification” (Allport & Ross, 1967, p.
Uelmen, 2005). Even so, some studies have failed to find differ-
434). Intrinsically religious people are said to bring all other things
ences among religious affiliations (e.g., Miller, 2006). Overall,
in their lives “into harmony with the[ir] religious beliefs and
affiliation generally predicts legal attitudes best when the affilia-
prescriptions” (Allport & Ross, 1967, p. 434). In essence, extrin-
tion has a specific doctrine about that legal issue (see generally
sically religious people use their religion to fill a void in their life,
Bornstein & Miller, 2009). For example, the Catholic Church has
while intrinsically religious people live their life according to their
an official position against the death penalty. Even so, just because
religious beliefs. Although intrinsic and extrinsic religiosities have
a person is a member of that religious group does not mean she
not been studied for possible relationships to verdicts or sentences,
follows all its tenets (e.g., Justice Scalia is a devout Catholic but
the scales have been associated with other attitudes. Extrinsic
also a supporter of the death penalty). It is possible, therefore, that
religiosity is positively correlated with Altemeyer’s (1996) right-
religious characteristics (e.g., fundamentalist beliefs) are actually
more strongly related to legal judgments (e.g., verdicts) than wing authoritarian scale, which is related to punitiveness (i.e.,
affiliation (e.g., Sigillo, Miller, & Weiser, 2012). extrinsically religious people tend to be more authoritarian; au-
The characteristics most often studied are evangelism, funda- thoritarians tend to be more punitive; Wink, Dillon, & Prettyman,
mentalism, and devotionalism (Bornstein & Miller, 2009). Evan- 2007). Further, people who are more intrinsically religious score
gelism is the desire to convert others to Christianity (Young, higher on fundamentalism (Genia, 1996). It is possible that indi-
1992). Those high in evangelism are typically less supportive of viduals with high levels of both intrinsic and extrinsic religiosity
the death penalty (Young, 1992; but see Miller, 2006; Miller & may be more likely find the defendant guilty or agree that a
Hayward, 2008). This is perhaps because putting someone to death defendant deserves prison, simply because these characteristics are
makes it impossible to convert them to Christianity (Young, 1992) related to other characteristics (e.g., fundamentalism, authoritari-
and showing lenience might encourage the wrongdoer to covert anism).
(Miller, 2013). As such, participants high in evangelism may be The next religious characteristic used in the current study is the
“prodefendant” in terms of verdicts and sentencing decisions. Quest Scale (Batson & Shoenrade, 1991) that measures if a person
Fundamentalism is often described as religious conservatism is “honestly facing existential questions in their complexity, while
(Applegate, Cullen, Fisher, & Vander Ven, 2000; Putney & at the same time resisting clear-cut, pat answers. An individual
Middleton, 1961). Fundamentalists believe crime and immorality who approaches religion in this way recognizes that he or she does
result from sin that needs to be punished so that individuals will not know, and probably never know the absolute truth about such
take responsibility for their actions and change their ways (Apple- matters” (Batson & Shoenrade, 1991, p. 417). Being on a religious
gate et al., 2000; Ellison & Sherkat, 1993; Young, 1992). Gener- quest is characterized by a questioning, doubting, open, and flex-
ally, fundamentalists subscribe to the Hammurabi type “eye for an ible approach to religion (Hunsberger & Jackson, 2005). No study
eye” codes and promote retribution, regardless of the rehabilitative we could find related Quest to convictions or sentences, however
or deterrent value of punishment (Grasmick, Davenport, Chamlin, Quest scores were weakly but negatively related to punitive jury
& Bursik, 1992). Fundamentalists generally have more favorable sentences, authoritarianism, and fundamentalism (e.g., Altemeyer
attitudes toward the death penalty (Grasmick et al., 1992; Miller & & Hunsberger, 1992). Thus, it is possible that individuals on a
Hayward, 2008; Vogel, 2003; but see Britt, 1998); no study (we quest will be more prodefendant than those who are not.
190 MILLER, MASKALY, PEOPLES, AND SIGILLO

Relationship Between Other Variables and Legal ous religious characteristics are related to a juror’s guilt verdict
Judgments (Study 1) and sentencing decision (Study 2). Another difference
between current and previous studies is the use of multiple reli-
Three additional variables measured in this study could affect a gious measures. Previous researchers used a limited number of
person’s legal judgments: authoritarianism, gender, and race. Le- scales (e.g., Bjarnason & Welch, 2004; Miller & Hayward, 2008).
gal authoritarianism was first measured with the Legal Attitudes The current study includes seven religious measures, including
Questionnaire designed by Boehm (1968) and includes three sub- four less-often used scales.
scales that assess a person’s authoritarian, antiauthoritarian, and Based on extant research, several hypotheses are offered. First,
equalitarian attitudes. In the original scale, Boehm indicated that in accordance with Young (1992), we predict that mock jurors who
authoritarian questions, “expressed right-wing philosophy, en- score higher on an evangelism scale or devotionalism scale will be
dorsed indiscriminately the acts of constituted authority, or were prodefendant (i.e., less likely to convict in Study 1 and agree less
essentially punitive in nature” (p. 740). Authoritarian mock jurors that the defendant deserves a prison sentence in Study 2). Second,
were more likely to convict defendants (e.g., Boehm, 1968; in accordance with Miller and Hayward (2008), mock jurors who
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Cowan, Thompson, & Ellsworth, 1984). Later Kravitz, Culter, and score higher on the fundamentalism measure will be less prode-
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Brock (1993) created the Revised Legal Attitudes Questionnaire, fendant. We have no specific predictions for the intrinsic religios-
which is also positively related to punitiveness. ity scale, extrinsic religiosity scale (Gorsuch & McPherson, 1989),
Some studies indicate that gender could relate to juror decisions or Quest Scale (Batson & Shoenrade, 1991) as there is little
(Bottoms, Davis, & Epstein, 2004; O’Neil, Patry, & Penrod, 2004; previous research. However, as mentioned above, individuals low
Whitehead & Blankenship, 2000), although other studies failed to in intrinsic and extrinsic religiosity or high in Quest may be more
find this relationship (Lester, Maggioncalda-Aretz, & Stark, 1997; prodefendant. Similarly, we do not make any hypotheses about the
Valliant & Oliver, 1997). Similarly, race is associated with puni- mediation models because of the scarcity of existing related re-
tiveness in studies of the death penalty (Unnever, Cullen, & search.
Johnson, 2008; Young, 1992). Other variables (i.e., gender, race, religious affiliation, and au-
thoritarianism) are “control variables” to statistically account for
Indirect Relationships factors that are not of direct interest to the current analysis but may
affect verdicts. Thus, we do not offer explicit hypotheses for these
While religious characteristics might directly affect verdict, variables. We should note that religious affiliation is a control
there also might be an indirect (i.e., mediated) relationship. Spe- variable because the sample is relatively homogenous and because
cifically, authoritarianism may be a mediator such that certain we are more interested in religious characteristics, rather than
religious characteristics are related to authoritarianism, and author- affiliation.
itarianism is related to verdict or sentence. High authoritarian
individuals report that their religious experiences and beliefs led
Study 1
them to respect authority, reject sinners, and support strict rules
about behavior (Altemeyer & Hunsberger, 1992). These authori-
tarianism beliefs relate to punitiveness. Study 1 Method and Procedure
Past research has confirmed such mediating relationships. Spe- Participants. Participants were 304 undergraduate students
cifically, authoritarianism mediates the relationship between reli- who received course credit; 49.5% were female, 71.7% were
giosity and attitudes toward out-groups (Johnson Shen, Haggard, White, and they ranged in age from 18 to 59 (M ⫽ 21.8). The
Strassburger, & Rowatt, 2013), democratic values (Canetti-Nisim, majority was Christian (31.9% Catholic, 21.5% Protestant). The
2004), and racism (Johnson et al., 2011). Mediating analyses rest were Atheist, Agnostic, expressed a belief in a God but had no
reveal why religion is related to other constructs: because of the particular affiliation or were “Other” (e.g., six Jews, one Bud-
relationship with authoritarianism. Mediation analyses clarify re- dhist).
lationships by revealing that religion is only related to other Trial summary and questionnaire. Participants read a 1,200
constructs because of authoritarianism—thus, furthering knowl- word trial summary depicting an attempted bombing.1 The trial
edge of how religion relates to other constructs.
This study furthers those just mentioned by investigating
1
whether authoritarianism mediates relationships between religious This study was conducted in conjunction with another study that had a
variables and verdicts/sentences. As discussed above, many reli- completely different purpose: to test the effectiveness of a particular alibi.
Participants read one of three scenarios that differed only on the defen-
gious beliefs relate to authoritarianism, such as extrinsic religiosity dant’s alibi. The manipulation of alibi is not the focus of the current article,
(Wink et al., 2007), Quest (Altemeyer & Hunsberger, 1992), and but it is statistically controlled in the analyses to ensure any effects are
fundamentalism (Altemeyer & Hunsberger, 1992). In turn, author- accounted for. The other study has entirely different aims than this study,
itarianism is related to punitiveness (Kravitz et al., 1993). Thus, and thus only the aspects of that study that are related to this study are
noted here. Because the two studies had completely different purposes,
authoritarianism possibly mediates the relationship between reli-
none of the data reported here is reported in that article or elsewhere. All
gious variables and verdicts/sentences. data in this article is unique and unpublished. The data in this article
concerns whether mock jurors’ individual religious characteristics affect
their individual verdict preference. The data in the other article concerned
Overview and Hypotheses for Both Studies whether the manipulated variables affected individual perceptions and
individual/group verdicts—and whether these variables were affected by
The current studies expand on previous research regarding gen- the deliberation process. Thus, there is no overlap in the studies because of
eral attitudes or sentencing verdicts by determining whether vari- their different purposes. That article is available from the first author.
RELIGIOUS INDIVIDUAL DIFFERENCES 191

summary included case facts of a trial for attempted use of weap- Study 1 Results
ons of mass destruction in which the 27-year-old male defendant is
We ran two logistic regression models using a “nested models”
accused of leaving a bomb at a train station. The summary in-
approach. First, we ran a logistic regression model (“Model 1”) of
cluded testimonies from prosecution witnesses (i.e., security guard
verdict on only the control variables. Then, in Model 2, we added
who found the bomb and an eyewitness who saw the defendant
the main independent variables to determine their impact on ver-
leave the bomb) and a defense witness (i.e., the defendant’s friend
dicts net of the control variables (via examining their coefficients)
who provided an alibi). The evidence included security camera
and assess how much they explain verdicts beyond the control
video, a sweatshirt found in the defendant’s apartment that resem- variables (via comparing the model R2s of Models 1 and 2).5 For
bled the one worn by the bomber in the security video, and both models, we conducted colinearity diagnostics and confirmed
fertilizer found in the defendant’s apartment that could be used in that there were no highly correlated estimates. Approximately 38%
making a bomb. Finally, the trail summary included judge’s in- of our jurors found the defendant guilty.
structions to the jury and a photo of the defendant. After reading The findings from the models are in Table 2. Model 1 shows the
the trial stimuli, participants indicated their verdict (guilty or not results of the analyses using only the control variables as predic-
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guilty) and completed seven religious scales, the legal authoritar- tors. The R2 for Model 1 suggests that these control variables
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ianism scale, and demographic questions. account for 11.5% of the variance in juror verdicts. There are no
Variables. Brief descriptions of the variables as well as de- significant differences in verdicts based on gender, race, or reli-
scriptive statistics are in Table 1. gious affiliation. However, those who are more authoritarian are
Dependent variable. Participants were asked “How do you significantly more likely to find the defendant guilty (p ⬍ .05,
find the defendant?” and chose “guilty” or “not guilty.” two-tailed).
Main independent variables. The main independent variables Model 2 adds the main independent variables to the equation.
measure religious characteristics. All scales were created by aver- The R2 suggests that this “full model” accounts for 17.7% of the
aging the participant’s responses. First, Gorsuch and McPherson’s variance in verdicts. More importantly, this marks a significant
(1989) Extrinsic/Intrinsic Revised Scale consists of three extrinsic- improvement over Model 1 (F ⫽ 2.873). The main independent
practical religiosity items (e.g., “I pray mainly to gain relief and variables—religious characteristics—account for ⬃35.0% of the
protection”), three extrinsic-social religiosity items (e.g., “I go to overall explanatory power of the model. Put differently, their
church because it helps me to make friends”), and eight intrinsic addition results in a 53.9% improvement in power over Model 1
religiosity items (e.g., “I enjoy reading about my religion”). Items (i.e., the model with only control variables).
are rated on a Likert scale of 1 (strongly disagree) to 5 (strongly Among religious characteristics, fundamentalism significantly
agree).2 Interitem reliability for all subscales was acceptable increases the likelihood of conviction (p ⬍ .05, two-tailed), which
(Cronbach’s ␣ ⫽ .841, .842, and .717, respectively). is consistent with the literature (e.g., Miller & Hayward, 2008).
Altemeyer and Hunsberger’s (2004) Revised Fundamentalism The odds ratio score suggests that those who are more fundamen-
Scale asks 12 questions such as “The basic cause of evil in this talist are 70.5% more likely to find the defendant guilty than those
who are less fundamentalist.
world is Satan, who is still constantly and ferociously fighting
The religious characteristics that decrease the odds of a guilty
against God.” Items are rated on a Likert scale of 1 (strongly
verdict are devotionalism and being on a religious quest. Devo-
disagree) to 5 (strongly agree). Interitem reliability was quite high
tionalism significantly decreases the likelihood of conviction (p ⬍
(Cronbach’s ␣ ⫽ .907).
.05, two-tailed) such that those who are more devotional are 38.9%
We utilized two 6-item scales from Putney and Middleton
(1-.611) less likely to find the defendant guilty than those who are
(1961): evangelism (e.g., “I have a duty to help those who are
less devotional. Being on a religious quest significantly decreases
confused about religion”) and devotionalism (e.g., “I very often the odds of finding the defendant guilty as well (p ⬍ .05, two-
think about matters relating to religion”). The original scales were tailed). Those who are more actively engaged in a religious quest
called fanaticism and importance, respectively, though more recent are 36.8% (1–.632) less likely to find the defendant guilty than
literature commonly uses the terms evangelism and devotionalism those less engaged in a religious quest.
(Bornstein & Miller, 2009). Items were rated on a Likert scale of Authoritarianism as a mediator. While the analyses above
1 (strongly disagree) to 5 (strongly agree).3 Interitem reliabilities indicate that religious variables affect verdicts, they do not specifically
were acceptable (Cronbach’s ␣ ⫽ .687 and .870, respectively).
Finally, Batson and Shoenrade’s (1991) Quest Scale contained
2
12 items (e.g., “I am constantly questioning my religious beliefs”) The rule for case inclusion with this and all subsequent scales was that
the juror must have provided an answer to at least one of the items
rated on a Likert scale, from 1 (strongly disagree) to 5 (strongly composing the scale— but jurors typically answered most or all items.
agree). The interitem reliability was acceptable (Cronbach’s ␣ ⫽ 3
We recognize that some items on these scales are targeted toward
.798). Christians; thus, members of different affiliations may respond differently.
Control variables. Control variables4 measure mock jurors’ By including both affiliation and these religious measures in the model, we
hope to minimize this effect.
demographic characteristics and legal attitudes. Participants were 4
Also included in analyses is a control for condition (trial summary
categorized as either White or non-White and as either Catholic or read), as noted earlier.
5
Other. The 23-item Revised Legal Attitudes Questionnaire We recognize that logistic regression models do not produce genuine
R2 statistics; but the many “pseudo” R2 statistics produced by statistical
(RLAQ23; Kravitz et al., 1993) measured authoritarianism on a
packages are reliable proxies of logistic regression models’ overall explan-
Likert scale of 1 (strongly disagree) to 5 (strongly agree). Interi- atory power. We are using SPSS, and utilize the Cox/Snell pseudo-R2
tem reliability was good (Cronbach’s ␣ ⫽ .746). statistic because it is the most conservative.
192 MILLER, MASKALY, PEOPLES, AND SIGILLO

Table 1
Descriptive Statistics for Variables Used in Study 1

Variable type/name Brief description N ␣ Mean SD

Dependent variable
Verdict Dummy (0, 1): “Guilty” ⫽ 1 279 — .380 .486
Main independent variables
Extrinsic religiosity: Practical Likert scale (1–5), 3 items 279 .841 2.545 1.175
Extrinsic religiosity: Social Likert scale (1–5), 3 items 279 .842 1.584 .794
Intrinsic religiosity Likert scale (1–5), 8 items 279 .717 2.561 .847
Fundamentalism Likert scale (1–5), 12 items 279 .907 2.319 .894
Evangelism Likert scale (1–5), 6 items 279 .687 2.363 .779
Devotionalism Likert scale (1–5), 6 items 279 .870 2.898 1.096
On a religious quest Likert scale (1–5), 12 items 279 .798 2.588 .728
Control variables
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Gender (Ref: Male): 279


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Female Dummy (0, 1): “Yes” ⫽ 1 138 — .495 .501


Race (Ref: White): 279
Non-White Dummy (0, 1): “Yes” ⫽ 1 79 — .283 .145
Religion (Ref: Protestant/other): 279
Catholic Dummy (0, 1): “Yes” ⫽ 1 89 — .319 .467
Legal attitudes:
Legal authoritarianism Likert scale (1–5), 23 items 279 .746 3.000 .466
Note. ␣ denotes Cronbach’s ␣.

explain the decision-making mechanism behind these relationships. innon & Dwyer, 1993). Mediation has four required steps: (Step 1) the
Authoritarianism may be a mediator such that religious characteristics IV must be related to the DV; (Step 2) the IV must be related to the
are related to authoritarianism, which is related to the dependent mediator; (Step 3) the mediator must be related to the DV; and (Step
variable (see also Shen et al., 2013). Fundamentalism, devotionalism, 4) when controlling for the mediator, the IV must no longer be related
and Quest are significant predictors of verdict; thus, the following to the DV. All four steps must be satisfied. A Sobel test indicates
analyses will see if authoritarianism mediates any of these relation- whether the mediation is significant (Baron & Kenny, 1986; MacK-
ships. A series of regressions and Sobel tests was conducted (Mack- innon, Warsi, & Dwyer, 1995).

Table 2
Unstandardized Coefficients and Odds Ratio Scores From Logistic Regression of Verdict
(Guilty ⫽ 1, Not Guilty ⫽ 0) on Religious Characteristics and Control Variables

Model 1 Model 2
Unstandardized Unstandardized
coefficients Odds ratios coefficients Odds ratios

Main independent variables


Extrinsic religiosity: Practical — — .097 1.102
Extrinsic religiosity: Social — — .168 1.183
Intrinsic religiosity — — .429 1.536
Fundamentalism — — .533ⴱ 1.705b
Evangelism — — ⫺.468 .626
Devotionalism — — ⫺.492ⴱ .611b
On a religious quest — — ⫺.459ⴱ .632b
Control variablesa
Gender (Ref: Male):
Female ⫺.417 .659 ⫺.498 .608
Race (Ref: White):
Non-White .255 1.291 .083 1.086
Religion (Ref: Protestant/other):
Catholic .232 1.261 .314 1.369
Legal attitudes:
Legal authoritarianism 1.649ⴱ 5.202 1.432ⴱ 4.187
Cox & Snell R2 .115 .177
N 279 279
a
Also included in analyses, but not presented in the table for the sake of brevity, is a control for condition (trial
summary read). b The 95% confidence intervals of the odds ratio scores for significant religious characteristics
are as follows: Fundamentalism 1.035, 2.809; devotionalism .393, .950; religious quest .403, .991.

p ⬍ .05 (two-tailed test).
RELIGIOUS INDIVIDUAL DIFFERENCES 193

The first mediation analysis determined whether the relationship It is possible that some participants associate a bombing with an
between fundamentalism (IV) and verdict (DV) was mediated by act of terrorism, which may elicit thoughts of extreme religious
authoritarianism. The above analyses indicate that fundamentalism groups. Such a scenario could essentially prime participants to
(IV) is significantly related to verdict (DV; satisfying Step 1) and respond differently to questions on the religious scales than if the
authoritarianism (mediator) is related to verdict (DV; satisfying content of the scenario was related to another type of crime.
Step 3). A linear regression indicated that there was a significant Furthermore, it is possible that some participants associate the
positive relationship between authoritarianism and fundamental- scenario with thoughts of death, dying, and an afterlife. According
ism (R2 ⫽ .05, F(1, 337) ⫽ 16.0, p ⬍ .001; ␤ ⫽ .213 satisfying to Terror Management Theory (Pyszczynski, Solomon, & Green-
Step 2). Finally, when authoritarianism and fundamentalism are berg, 2003), making mortality salient affects individuals’ beliefs
both used as predictors in the binary logistic regression model, the and behaviors. As such, the bombing scenario may influence
overall model is still significant (R2 ⫽ .09, p ⬍ .001), and author- participants’ verdict decision or responses to items on the religious
itarianism remains significant (p ⬍ .001); however, the p value for scales. Thus, it is important to examine the relationship between
fundamentalism is p ⫽ .051 (satisfying Step 4). A Sobel test religious characteristics and juror decision-making in another con-
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confirmed a significant indirect effect from fundamentalism to text (i.e., a different trial type and decision type).
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authoritarianism to verdict, Sobel Z ⫽ 3.35, p ⬍ .001, indicating In Study 2, participants indicated whether a woman who uses
that authoritarianism is a partial mediator of the relationship be- marijuana during pregnancy should receive prison time. Many
tween fundamentalism and verdict. state governments have sought both criminal and civil sanctions
The second mediation analysis determined whether the relationship against women for use of drugs during pregnancy (see, e.g.,
between devotionalism (IV) and verdict (DV) was mediated by au- Coleman & Miller, 2007). This scenario was chosen because the
thoritarianism. The above analyses indicate that Steps 1 and 3 were outcome was relatively minor (i.e., the baby was born healthy) and
satisfied; however, a linear regression indicated that there was not a might be less affected by jurors’ emotions. Finally, Study 1 used a
significant relationship between authoritarianism and devotionalism scenario in which guilt is in question, while Study 2 uses a scenario
(R2 ⫽ .006, F(1, 338) ⫽ 2.21, p ⫽ .139; Step 2). Because Step 2 was in which guilt is not in question, but rather participants indicate
not satisfied, there is no mediating relationship. whether she should receive a prison sentence. In summary, Studies
The third mediation analysis determined whether the relation- 1 and 2 are different in many ways; testing the same model with
ship between the Quest measure (IV) and verdict (DV) was me- the same religious characteristics can demonstrate that the effects
diated by authoritarianism. A linear regression indicated that there are generalizable across different legal decisions.
was a significant negative relationship between authoritarianism
and Quest (R2 ⫽ .014, F(1, 337) ⫽ 4.64, p ⫽ .032; ␤ ⫽ ⫺.117
Study 2 Method and Procedures
satisfying Step 2). However, when authoritarianism and Quest are
both used as predictors in the binary logistic regression model, the Participants. Of the 215 undergraduate student participants,
overall model is still significant (R2 ⫽ .11, p ⬍ .001), and both most were female (60.9%) and White (74.0%). The majority was
authoritarianism (p ⬍ .001) and Quest (p ⫽ .022) remain signif- Christian (57.7% total: 38.6% Catholic, 19.1% Protestant). The rest
icant (Step 4). Step 4 is not satisfied, however the Sobel test is were Atheist, expressed a belief in a God but no particular affiliation,
significant, indicating partial mediation, Sobel Z ⫽ 4.16, p ⬍ .01. were Agnostic or were another minority religion (e.g., Jews, Bud-
dhists).
Materials. Participants read a brief scenario describing a
Study 1 Discussion
woman who had used marijuana while pregnant, but her baby was
In all, Study 1 found that some individual differences (funda- born healthy. The fact that the woman used marijuana was undis-
mentalism, devotionalism, Quest, and authoritarianism) were re- puted; she was described as clearly guilty of using drugs while
lated to jurors’ verdicts, and that the overall model had moderate pregnant. Participants indicated their agreement that she should
predictive power. More importantly, the model containing reli- receive prison time. Participants then completed the same seven
gious characteristics had greater predictive power than the model religious scales, legal authoritarian scale, and demographic ques-
with only the “control” variables, indicating that some religious tions as in Study 1.
characteristics can be useful predictors of verdict for lawyers who Variables. Brief descriptions of the variables and descriptive
are choosing jurors based on their characteristics. Further, author- statistics are presented in Table 3.
itarianism was a partial mediator between verdict and both quest Dependent variable. The DV, sentencing decision, was a Lik-
and fundamentalism. This is not surprising however, because ert scale measuring agreement that “the woman should receive
many studies have found that authoritarianism mediates relation- prison time” (1 ⫽ strongly disagree, 5 ⫽ strongly agree).
ships between religion and other constructs (e.g., Johnson et al., Main independent variables. As in Study 1, our main inde-
2011). To generalize these findings, a second study was conducted. pendent variables measured religious characteristics: Extrinsic/
Intrinsic Revised Scale subscales of extrinsic-practical, extrinsic-
social, and intrinsic religiosity (Cronbach’s ␣ ⫽ .887, .803, and
Study 2
.708, respectively), fundamentalism (Cronbach’s ␣ ⫽ .892), evan-
The main goal of Study 2 was to determine whether the Study gelism (Cronbach’s ␣ ⫽ .736) devotionalism (Cronbach’s ␣ ⫽
1 findings generalize to another legal decision (i.e., sentencing .864), and Quest (Cronbach’s ␣ ⫽ .814).
decision) concerning another type of crime (i.e., a woman who Control variables. Control variables were identical to Study 1,
uses marijuana during pregnancy). A limitation of Study 1 in- including: gender, race, religious affiliation, and authoritarianism
volves the case scenario: an attempted bombing at a train station. (RLAQ23; Cronbach’s ␣ ⫽ .733).
194 MILLER, MASKALY, PEOPLES, AND SIGILLO

Table 3
Descriptive Statistics for Variables Used in Study 2

Variable type/name Brief description N ␣ Mean SD

Dependent variable
Sentencing decision Likert scale (1–5), 1 item 215 — 2.600 1.139
Main independent variables
Extrinsic Religiosity: Practical Likert scale (1–5), 3 items 215 .857 2.904 .984
Extrinsic Religiosity: Social Likert scale (1–5), 3 items 215 .883 2.194 .827
Intrinsic religiosity Likert scale (1–5), 8 items 215 .708 2.812 .636
Fundamentalism Likert scale (1–5), 12 items 215 .892 2.617 .719
Evangelism Likert scale (1–5), 6 items 215 .736 2.647 .702
Devotionalism Likert scale (1–5), 6 items 215 .864 2.962 .882
On a religious quest Likert scale (1–5), 12 items 215 .814 2.771 .611
Control variables
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Gender (Ref: Male): 215


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Female Dummy (0, 1): “Yes” ⫽ 1 131 — .609 .489


Race (Ref: White): 215
Non-White Dummy (0, 1): “Yes” ⫽ 1 56 — .260 .160
Religion (Ref: Protestant/other): 215
Catholic Dummy (0, 1): “Yes” ⫽ 1 83 — .386 .488
Legal attitudes:
Legal authoritarianism Likert scale (1–5), 23 items 215 .733 3.015 .355
Note. ␣ denotes Cronbach’s ␣.

Study 2 Results decision beyond the simpler Model 1. For both models, we
conducted colinearity diagnostics and revealed no highly cor-
We ran two ordinary least squares (OLS) regression models
related variables.
using a “nested models” approach, as in Study 1. First, we ran
an OLS regression model (“Model 1”) using only the control Findings are in Table 4. Model 1 shows results using only
variables; we then added the main independent variables control variables. The R2 for Model 1 suggests that control vari-
(“Model 2”) to determine their impact on sentencing decision ables account for 8.3% of the variance in sentencing decision.
net of the control variables (via examining their coefficients) Although none of the demographic control variables have a sig-
and determine the extent to which they explain sentencing nificant impact on sentencing decision, jurors who are more au-

Table 4
Unstandardized and Standardized Coefficients From Ordinary Least Squares (OLS) Regression
of Sentencing Decision (Scale: Higher Score ⫽ Greater Agreement Person Should Go to Prison)
on Religious Characteristics and Control Variables

Model 1 Model 2
Unstandardized Standardized Unstandardized Standardized
coefficients coefficients coefficients coefficients

Main independent variables


Extrinsic religiosity: Practical — — .024 .021
Extrinsic religiosity: Social — — .042 .031
Intrinsic religiosity — — .163 .091
Fundamentalism — — .108 .068
Evangelism — — .093 .057
Devotionalism — — ⫺.209 ⫺.162
On a religious quest — — ⫺.302ⴱ ⫺.162
Control variables
Gender (Ref: Male):
Female .092 .040 .151 .065
Race (Ref: White):
Non-White .175 .068 .103 .040
Religion (Ref: Protestant/other):
Catholic .126 .054 .177 .076
Legal attitudes:
Legal authoritarianism .913ⴱ .284 .854ⴱ .266
Adjusted R2 .083 .097
N 215 215

p ⬍ .05 (two-tailed test).
RELIGIOUS INDIVIDUAL DIFFERENCES 195

thoritarian are significantly more apt to indicate that the defendant This furthers past studies finding that authoritarianism is a medi-
should receive prison time (p ⬍ .05, two-tailed), which parallels ator (e.g., Johnson et al., 2011). Future studies should investigate
the finding concerning authoritarianism and guilty verdicts in other possible mediators such as attributions (e.g., attributing an
Study 1. actor’s behavior to the situation or the actor’s personality), belief
Model 2 adds our main independent variables. The R2 for Model in a just world, or locus of control. These topics are beyond the
2 suggests that this “full model” accounts for 9.7% of the variance scope of this article, but the finding that authoritarianism is a
in sentencing decision, but this does not constitute statistically mediator suggests other possible mediators that could be investi-
significant improvement over Model 1 (F ⫽ .450). gated in future studies.
In Study 2, being on a religious quest significantly decreases Although this study found some interesting effects, it also failed
agreement that the defendant should receive a prison sentence (p ⬍ to find others. The intrinsic/extrinsic religiosity scale has not
.05, two-tailed) as shown in Table 4. previously been used to predict any sort of legal decision, and it
Authoritarianism as a mediator. While the analyses above looks as if this scale is not a significant predictor of verdicts or
indicate that Quest affects sentencing decision, they do not spe- sentences. Evangelism also was not related to verdict or sentences.
This article is intended solely for the personal use of the individual user and is not to be disseminated broadly.

cifically explain the decision-making mechanism behind these Previous studies finding relationships between evangelism and
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relationships. The following analysis will see if authoritarianism legal decisions were largely in the context of the death penalty
mediates the relationship between sentencing decision and Quest. (Young, 1992). Perhaps a belief in converting others is more
As described in Study 1, mediation has four required steps that predictive in death penalty decisions precisely because death is
must be satisfied, and a Sobel test indicates whether the mediation involved. It is impossible to convert someone who receives a death
is significant. A linear regression indicated that there was not a penalty; thus, those high in evangelism are lenient in this context.
significant relationship between authoritarianism and Quest (R2 ⫽ However, in a nondeath situation, evangelism is not predictive of
.003, F(1, 213) ⫽ .69, p ⫽ .41). Because Step 2 is not satisfied, legal decisions.
there is no mediating relationship. It is also important to note the findings related to the model’s
predictive power, particularly in Study 1, which is greater than
Study 2 Discussion what is often found in research investigating the effects of attitudes
and characteristics on jury verdicts. Most studies find that individ-
In all, Study 2 found that some individual differences (Quest and ual differences only account for only 2–16% of the total variance
authoritarianism) were related to jurors’ sentencing decision, and (for review, see Bornstein & Miller, 2009; Hans & Jehle, 2003;
that the overall model had moderate predictive power. Authoritar- Lieberman & Sales, 2006). Perhaps the current study achieved
ianism was not a mediator for Quest. greater explanatory power because of the type and number of
scales chosen, or because of the nature of the trial stimuli.
General Discussion
These findings both confirm and expand on previous studies.
Implications
While some work shows similar patterns with fundamentalism
(e.g., Miller & Hayward, 2008) and devotionalism (Unnever & As a whole, findings indicate that some religious characteristics
Cullen, 2006), most only investigated attitudes toward punish- affect verdicts and sentencing decisions in criminal trials. Thus, it
ments (e.g., general support for the death penalty; for review, see might be beneficial for defense lawyers and/or prosecutors to
Bornstein & Miller, 2009). This study is the first (that we know of) remove potential jurors based on certain religious characteristics,
that found significant effects for fundamentalism and guilt ver- at least in some trials. This practice is allowed in many jurisdic-
dicts. In addition, this is the first study to illustrate that being on a tions, as evidenced by a myriad of cases in which judges have
religious quest is associated with prodefendant verdicts and sen- allowed exemptions based on a potential juror’s religious denom-
tences. A previous study (Altemeyer & Hunsberger, 1992) found ination (e.g., State v. Purcell, 2001), previous service as a mis-
that individuals on a quest gave lighter sentences, but researchers sionary (State v. Fuller, 2004), occupation as a pastor (Highler v.
did not assess actual verdicts. Perhaps individuals on a religious State, 2006), and strong religious beliefs (United States v. DeJesus,
quest are more forgiving or more likely to give someone the 2003). While it is difficult to determine how often lawyers exclude
benefit of the doubt. Thus, the two current studies add to the prospective jurors based on religion, there are many cases in which
growing body of research generally indicating that being on a appellate courts have upheld the practice (see Bornstein & Miller,
religious quest, being high in devotionalism, and being low in 2009). Thus, most lawyers would be allowed to do so. The current
fundamentalism are related to prodefendant legal decisions (i.e., research suggests that criminal defense lawyers should exclude
verdicts, sentences). fundamentalist jurors, while prosecutors should eliminate jurors
The second purpose of this study was to investigate one possible who are on a religious quest or are higher in devotionalism.
underlying mechanism that could help explain why religious vari- Social scientists will find the results of interest because they
ables are related to legal decisions. Authoritarianism partially suggest how and why religious characteristics relate to legal
mediated the relationship between verdict and both Quest and decision-making. The general finding that religious characteristics
fundamentalism (Study 1). Specifically, the higher participants affect decision-making is not that surprising to scientists who
were in fundamentalism, the higher they were in authoritarianism; study how religion (or other characteristics) affects various aspects
this heightened authoritarianism increased the likelihood of a of one’s life. The specific findings of why certain religious char-
guilty verdict. The lower participants were in Quest, the higher acteristics impact decisions further this general literature. The
they were in authoritarianism, and this heightened authoritarianism findings that authoritarianism is a partial mediator for some reli-
increased agreement that the defendant deserved a prison sentence. gious variables is a starting point for future studies designed to
196 MILLER, MASKALY, PEOPLES, AND SIGILLO

study the reasons why religious characteristics are related to legal legal decisions is important for lawyers and trial consultants.
decisions. Finally, the finding that authoritarianism is a partial mediator is a
first step in studying the reasons why religion affects legal atti-
tudes. Future studies can more fully flesh out such relationships.
Limitations
These studies have some notable limitations. As with other
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