Victim Impact Testimony and Juror Judgments: The Effects of Harm Information and Witness Demeanor¹

Abstract

Victim impact testimony (i.e., testimony concerning the harmful consequences on the victim's surviving family) was examined to determine its effect on the sentencing judgments of mock jurors. Undergraduate students ( N = 293) watched a videotaped murder trial simulation, rendered verdicts, and made sentencing judgments. During the penalty phase of the trial, participants were either given no victim impact testimony, or they were given victim impact testimony that varied both the severity of the harm information (mild harm/ severe harm) and the demeanor of the witness (low affect/high affect). The results indicate that information concerning the harm experienced by the victim's relatives, not the affective demeanor of the witness, influenced sentencing judgments. Implications for the U.S. Supreme Court decision in Payne v. Tennessee (1991) are discussed.