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Abstract

This thesis delves into the degree to which jury members harbour negative stereotypes and biases against defendants with severe mental disorders, and the potential influence the biases have on perceptions of guilt and innocence during court proceedings. Prejudice towards the defendants was found to frequently and inaccurately assume they were violent in nature and, therefore, predisposed to criminal behaviour due to their diagnosis. This is detrimental to the equitability of the criminal justice system (CJS), as it enables opportunities for miscarriages of justice to occur based upon harmful preconceptions.
Therefore, an extensive literature review was conducted of previous research pertaining to the presence of stereotypes and bias against severe mental illness, to ascertain the level of influence that prejudice can have on verdict decision-making. This included mock juror studies, often selecting students as the participants, to monitor subconscious bias, particularly against defendants with schizophrenia. In addition, government guidelines were examined to ascertain the level of awareness the CJS possesses regarding this issue, and whether there are preventative measures implemented to protect defendants with severe mental disorders from discrimination.
This research concluded that the public, and therefore the jury, harbours detrimental prejudice towards the defendants. The jury often assumes guilt based solely upon the defendant's diagnosis, which is perceived to be an innate indicator of violence and criminality. While extensive efforts through campaigning and other educational media have attempted to shift public perception to become more empathetic and understanding, discriminatory biases are still deeply ingrained within the public. Therefore, in addition to the CJS’s lack of preventative measures against the effects of subconscious bias within court proceedings, there is an elevated possibility of a legal injustice occurring.

Course: Criminology and Forensic Studies - BSc (Hons) - C2039F

Date Deposited: 2024-11-20

URI/permalink: https://library.port.ac.uk/dissert/dis14530.html