Clark and clark (1939) conducted a study with the purpose of determining what white and black children considered pretty and ugly. The experiment revealed that not only does perceived attractiveness begins in childhood but also both black and white children preferred pretty white dolls over ugly black dolls. From this early study, the conclusion can be drawn that there is a clear relationship between attractiveness and race. Social perception of attractiveness was not solely based on being black or white, it often depended on how dark the individuals skin was. This can be dated back to slavery, white slave owners had a preference for lighter skin tones in blacks. White slave owners believed that because light skinned blacks cost more than their counter parts they were more intelligent and skilled laborers (Hughes & Hertel, 1990). These two examples describe how the occurrence of skin tone bias towards African Americans has had a negative impact on their lives.
A recent research revealed a clear association between race and attractiveness in relation to legal proceedings. Demographic variables such as attractiveness and race along with other demographic variables that are not related to the crime committed by the defendant have influenced jurors sentencing recommendations (Gebotys & Roberts, 1987). To gage the exact effect that attractiveness has on the severity of sentencing Kutsy (2013) conducted a study which examined the effect of attractiveness on the severity of sentencing recommendations in a murder trial for a female defendant. The author selected participants who were enrolled in undergraduate psychology course to participant in the study. The students were told to rate 14 photographs on a scale from 1 (not at all attractive) to 10 (extremely attractive). The photos that were deemed the most attractive received the highest ranking of 7.9 out of 10 and the photos deemed unattractive were received the lowest ranking of 2.9 out of ten. The Participants where then given a court file which contained a summary about a murder trial and a photo of a female defendant. After reviewing the file participants were ask to recommend a sentence for the defendant. As predicted by the author, the female defendant that was deemed as attractive received a less harsher punishments versus if the defendant was deem as unattractive they received a more harsher punishment.
African Americans who possessed pro-typical black features such as, a wider nose and fuller lips, were judged more negatively (Hebel, Williams, Sundermann, Kell & Davies, 2012). The authors also concluded that pro-typical African Americans men were judged to be more aggressive and potential criminals versus their counter parts. This study Suggest that physical appearance has a strong influence on perception of African Americans and the influence attractiveness has on jurors sentencing recommendations. Stereotypes about attractiveness and race often times can influence juror’s judgements about a defendant.
Overall past research has supports the attractive bias hypothesis, which essentially states that attractive defendants generally receive a less harsher punishment versus their unattractive counter parts. Attractiveness is only the biases and prejudice against African Americans
Minorities, specifically black men and women reported more social acceptance, more personal success and higher levels of confidence when their hair and skin tone resembled white aesthetics (Robinson-Moore, 2008). This compelling evidence supports the idea that white aesthetics function as the cultural icons for aesthetic ideals which have negatively impacted African Americans.
Ashmore, Gary & Rudman, 2001 revealed that both whites and blacks associated attractiveness and positive characteristics with white aesthetics. This study uncovered that white’s preference to interact with other whites is robust. It also noted that blacks showed a significant preference to interact with white, resulting in whites showing dramatically more implicit in group preference than blacks. Because African Americans perceive whites as being more attractive and receive better social benefits, African American will spend more time, money and energy in to looking white because it rewards them the social/financial benefits and acceptance from whites (Hebel et al., 2012). These two studies support the conclusion that whites typically avoid interacting with people outside of their racial group and that blacks prefer to interact with them. Due to the lack of interaction between racial groups individuals tend to use stereotypes when interacting with individuals outside of their racial group.
Furthermore, white Americans in the studies above reported having more contact with whites than blacks. When friends, coworkers, mentors and healthcare providers are primarily a apart of the same racial group, there is insufficient opportunity for the emotional condition that can reduce implicit in group bias (Ashmore et al, 2001). Since people of different racial backgrounds do not interact as much, it is very difficult to eliminate racial stereotypes. With a little interaction, this allows for stereotypes to prevail because people of different racial backgrounds do not have their own personal social interactions with one another. Individuals have no other opinion but to use stereotypes when forming perceptions about individuals. Sommers & Ellsworth (2001) also made note that whites are more inclined to resort to the usage of stereotypes when forming perceptions about African Americans and propose sentencing recommendations due to the lack of social interaction with African Americans. The authors also make note that African American are more likely to be less harsh when proposing sentencing recommendations for black defendants, versus whites are more likely to propose harsher sentencing recommendations for black defendants. physical appearance stereotypes influence how individuals perceive themselves and others. It also impacts the amount of social interaction between racial groups. Due to limited interaction, stereotypes prevail in the minds of citizens and this is a critical factor in making a decision about an individual during a legal proceeding.
Physical appearance is normally recognized as influencing the evaluation of others. It is a generally held belief that the organizational and time-saving functions of stereotypes make them an extremely important tool in forming perceptions of others (Anderson, Klatzky & Murry, 1990). Stereotypes have been defined as a cognitive representation that contains a perceivers knowledge, beliefs and expectations about a social group (Hamilton & Troiler, 1986). Whites as well as blacks use race as a classifying principal in forming social perceptions about one another (Hewstone, Hantzi & Johnston, 1991). More stereotypical black features elect greater negative responses and greater hostile emotions from individuals. Kaiser & Pratt-Hyatt (2009) demonstrated that whites express more negative attitudes toward strongly identified minorities then weakly identified ones. Research clearly shows that stereotypical black skin color and hair texture have a significant impact on race related responses involving blacks (Maddox & Gray, 2002). Society has had a long history of stereotyping people by their physical appearance especially by their skin tone. This has influenced what is the ideal standard of attractiveness, characteristics people associate with skin tones and the amount of interaction between the racial groups. To make the assumption that physical appearance is a factor in jury consideration, is to state the obvious. In an early study Landry & Aronson (1969) found that an attractive defendant was treated differently than an unattractive defendant. In this study, the participants were asked to rate the degree of guilt of the defendants and then sentence them. The study concluded that the attractive defendant was sentence less harshly than unattractive defendant, due to the fact that the jurors judged the attractive defendant to have more socially desirable characteristics and were assumed to have better lives (higher income, level of education and better jobs) then their unattractive counter parts.
Physical appearance of the defendant and attire
The general belief is that a juror who has recommended a sentence for a defendant cannot be biased. However, the amount of prejudice towards a defendant may be on the subconscious level of the juror’s mind, making it so subtle that it cannot be seen through the selection process; therefore, the defendants right to a fair trial is tainted. A case of prejudicial concern on physical appearance was in the case Estelle V. WIlliams. The main concern in this case was effect on presenting the accused in a prison uniform before a jury (Lown, 1977). The court came to the conclusion that the juror’s judgment was likely to be influenced by prison attire being that it gave the presumption that the defendant was guilty (Lown, 1977). If a juror stereotypes the accused on the basis of their physical appearance because the defendant is wearing a prison uniform, the defendant no longer has the appearance of an innocent and free man whom demands due process. The defendant’s innocence or guilt should not be judged on the premises of stereotypes and prejudice. A defendant should be judged on the appropriate manor required by the law. Any prejudgments about the defendant’s physical appearance by jurors will distort the fragile balances of assessment of the facts and impermissibly influence the deliberation process. Stereotypes about a defendant do not stop at the defendant’s physical appearance, these stereotypes can also extend to the defendant’s race.
Physical Appearance and Race
A juror is less likely to find a defendant guilty if the juror can identify himself with either the defendant or the situation. Jurors will have more difficulty associating themselves with an unattractive defendant (Solender, 1976). The author also proved that whites have a strong preference for members of their racial group and mostly associated attractiveness and positive characteristics with white aesthetics (Solender, 1976). White jurors associate attractiveness and positive characteristics to members of their own group, this can make it fairly difficult for them to see someone not in the racial group as innocent. Just as stereotypes have influence our judgment about others, studies have found that race of the defendant has often impacted sentencing in criminal trials (Mazzella & Feingold, 1994). Black defendants are more likely to be sentenced to jail prison then white defendants upon conviction especially if the crime is seen as a stereo typical crime (Chiricos & Crawford, 1995). For example, Hispanic defendants will be sentence more harshly relative to white defendants for a offense since the "war on drugs" depicts harsh stereotypes of Hispanic males as drug lords and smugglers (Mustro, 1987). If the defendant is perceived as racially or culturally dissimilar from the juror as well as more dangerous and unpredictable, the defendant will be sentenced harsher (Liska, Logan & Bellair, 1998). Black males are labeled as more aggressive and irresponsible (Tittle & Curran, 1988), disrespectful of authority (Bridges, Crutchfield & Simpson, 1987), and more likely to engage in criminal activity than whites (Swiger &a Farrell, 1976). The studies prove that jurors stereotype individuals based on the race in this intern influences how they are perceived as defendants when a crime is committed. The study also revealed that social stereotypes about crimes have a negative impact on sentencing. Society assumes that crime is an overwhelmingly Minority or underclass problem (Bridges et al, 1987). On average weight defendants are less likely to be incarcerated while black defendants are more likely to be incarcerated and receive longer average sentences (Demuth & Steffensmier, 2004). It is reasonable to conclude these social disadvantages in criminal stereotypes of Black Americans, in combination with discretionary decisions made by court actors contributes to the harsher treatment of blacks in the criminal justice system.