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Informed Consent
Please Allow Pop-ups for this Survey
PURPOSE: The purpose of this research is to assess perceptions of a homicide case.
DESCRIPTION: As a participant in the study, you will be asked to read a short scenario discussing a homicide case involving two adults. We are interested in your reactions to this case, which will be assessed by completing a short questionnaire. You will also be asked to complete additional questionnaires, as well as a series of questions that provide us with some background information about you. This study is computer-based and can be accessed at any time on any computer with internet access. Our intention is to use these findings for implications in law enforcement, legal services, and mental health responses.
Your participation is voluntary and you may refuse to participate or withdraw at any time without penalty or prejudice to your present and/or future care. You also have the right not to answer any questions on the questionnaire.
Individuals who choose to participate in the study will be entered into a drawing for an Amazon gift card. Additionally, names will be taken by Survey Response so that you may be entered into the drawing. Names will not be associated with surveys. All information provided on the surveys is confidential and will only be available to the researchers. The approximate duration of the study is 30 minutes.
It is possible that some people may feel uncomfortable completing the survey. Participants can decide if these are acceptable risks. Participants may benefit by developing a better self-awareness of their own perceptions of violence. Findings may be of general benefit to legal, law enforcement, mental health, and human services providers.
1. I understand that the use of human subjects in this project has been approved by the CSC Institutional Review Board for the Protection of Human Subjects in Research.
2. I understand the scope, aims, and purposes of this research project and the procedures to be followed (including identification of any treatments or procedures which are experimental) and the expected duration of my participation.
3. I have received a description of any reasonable foreseeable risks or discomforts associated with my being a subject in this research, have had them explained to me, and understand them.
4. I have received a description of any potential benefits that may be accrued from this research and understand how they may affect me or others.
5. I understand that my confidentiality will be kept to the degree permitted by the technology used. No guarantees can be made regarding the interception of data sent via the Internet by any third parties. In the event of publication or presentation resulting from the research, no personally identifiable information will be shared because your name is in no way linked to your response.
6. I understand that my consent to participate in this research is entirely voluntary, and that my refusal to participate will involve no prejudice, penalty or loss of benefits to which I would otherwise be entitled.
7. I further understand that if I consent to participate, I may discontinue my participation at any time without prejudice, penalty, or loss of benefits to which I would otherwise be entitled.
8. I confirm that no coercion of any kind was used in seeking my participation in this research project.
10. I understand that if I have any questions about my rights as a participant in a research project or for more information, I can contact Honoree Fleming, Associate Academic Dean, Institutional Review Board Administrator at Castleton State College at 802-468-1344.
11. I understand that I will be provided financial incentive of participation in a random drawing for an Amazon gift card.
12. I certify that I have read and fully understand the purpose of this research project and its risks and benefits for me as stated above.
JURY INSTRUCTIONS AND VERDICT DECISION
In front of you is a summary of a homicide case. In this case you are asked to decide the guilt and issue of intent during the incident. The defendant does not deny that s/he committed the crime; instead, the issue is the level of guilt and intent to commit the crime.
Homicide Case
The defendant, Joe Young has been charged with 2nd degree murder. He claims that he acted the way he did (killed the victim) because of the unwanted homosexual advances the victim, David Thackery, made towards him.
Defendant Joe Young and victim David Thackery had been good friends for five years. David was openly homosexual and had been attracted to Joe for quite some time. Joe was aware of this attraction David had towards him, but had made it clear to David on several previous occasions that even though he was also homosexual, he would never feel the same way towards David.
On the night of April 3, 2006, the defendant, Joe Young, and the victim, David Thackery, were playing cards and drinking a 40 oz bottle of beer they had just bought at the store that evening. While playing cards, the victim (David) asked the defendant (Joe) to spend the night, and suggested that they have sex. The victim (David) continued asking by saying, “come on, we’ll have a lot of fun,” and made four attempts to grab the defendant’s (Joe) crotch. The defendant told victim to “stop it and stay away,” while pushing the victim back into his chair. The victim then jumped up and attempted to grab the defendant around the neck. As this was happening, the defendant grabbed the beer bottle and swung it at victim, hitting him in the head. The defendant then grabbed a nearby kitchen knife and stabbed victim multiple times.
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The defendant, Joe Young, does not deny that he killed the victim. Instead, the question to you as a juror is the degree of guilt of the defendant.
Judge’s Instructions: The defendant has been charged with second degree murder. The defendant is presumed innocent unless the state can prove beyond a reasonable doubt that the defendant is guilty. Proof beyond a reasonable doubt can be established if you are convinced firmly by the facts of the case that the defendant is guilty. The burden of proof does not require that all of your doubts be overcome. Your job as a juror is to determine if the proof beyond a reasonable doubt has been established and then to base a decision upon that. In a moment, you will be reading jury instructions for second degree murder, voluntary manslaughter, the insanity defense, and self-defense.
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Additional Jury Instructions: Remember bias you may hold about the victim, defendant, or witness of a crime should not be used to influence your verdict decision.
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Second degree murder requirement in Vermont:
Second degree murder is defined as the intention to kill, or an intention to do great bodily harm, or wanton disregard of the likelihood that one’s behavior may naturally cause death or great bodily harm. The critical factor distinguishing second degree murder from voluntary manslaughter is not the mental state of the actor, but the existence of mitigating circumstances. A mitigating circumstance is some fact about the crime or defendant that makes the defendant less deserving of a harsh punishment. An individual convicted of second degree murder can receive a minimum sentence of no less than 10 years and a maximum sentence of no more than life in prison Vt. Stat. Ann. tit. 13 § 2301 (2006)
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Voluntary manslaughter requirement in Vermont:
Voluntary manslaughter is defined as the intentional and unlawful killing of a human being with a real design and purpose to kill, but as a result of sudden passion or great provocation, and done before adequate time for cool reflection. In order to prove voluntary manslaughter, the state must prove beyond a reasonable doubt that the defendant actually killed the victim, that the killing was intentional, that the killing was unlawful, and that the killing resulted from sudden passion or great provocation. Whether provocation is legally adequate to reduce murder to manslaughter is determined by an objective test; the loss of self-control must be reasonable under the circumstances. Voluntary manslaughter allows for a minimum sentence of 1 year and a maximum sentence of 15 years or a maximum of a $3,000 fine or both a fine and prison sentence Vt. Stat. Ann. tit. 13 § 2304 (2006).
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Insanity Defense requirement in Vermont:
A person is not responsible for a criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks adequate capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. The terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. The terms “mental disease or defect” shall include congenital and traumatic mental conditions as well as disease. The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence.
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Self-Defense requirement in Vermont:
The doctrine of self-defense provides that a defendant who kills or wounds another in just and necessary defense of his own life shall be guiltless; “just and necessary” being when defendant’s belief of imminent danger and of need to repel that danger with deadly force is reasonable 158 Vt. 302, A.2d 972
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What do you believe the defendant should be charged with? (please mark one of the following):
Second Degree Murder
Voluntary Manslaughter
Not guilty on the grounds of the Insanity Defense
Not guilty on the grounds of Self-Defense
What fact about the case most influenced your decision about what to charge the defendant with? Please indicate below.
To what extent do you find the defendant guilty? Please indicate by circling the number on the 7 point scale presented below.
Not at all guilty
1
2
3
4
5
6
7 Completely guilty
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How confident are you about this decision? Please indicate by circling the number on the 7 point scale presented below.
Not at all confident
1
2
3
4
5
6
7 Completely confident
What do you believe would be an appropriate sentence length in years for the defendant? Please circle the answer that best corresponds with your sentence choice.
0
1-3
4-7
8-11
12-15
15+
Other:
Scenario Response Questions
Please mark the response that best represents your answer.
To what extent do you believe the defendant intentionally meant to kill the victim?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe the defendant had a disregard for the likelihood that her/his actions would lead to the victim’s death?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe mitigating circumstances existed for the defendant’s actions?
Do not believe
1
2
3
4
5
6
7 Believe completely
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To what extent do you believe the defendant’s actions were unlawful in the situation?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe the defendant’s actions were a result of sudden passion?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe the defendant’s actions were a result of great provocation?
Do not believe
1
2
3
4
5
6
7 Believe completely
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To what extent do you believe the defendant acted with out adequate time for cool reflection?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe that the defendant’s loss of self-control was reasonable under the circumstances?
Do not believe
1
2
3
4
5
6
7 Believe completely
To what extent do you believe that the defendant is responsible for her/his actions?
Do not believe
1
2
3
4
5
6
7 Believe completely
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To what extent do you think the defendant feared for their life on the night of the alleged crime?
Not at all fearful
1
2
3
4
5
6
7 Extremely fearful
To what extent do you think the defendant’s life was actually in imminent danger on the night in question?
Not at all in danger
1
2
3
4
5
6
7 Extremely in danger
How justifiable do you feel the defendant’s actions (fatal killing) were, given the circumstances?
Not at all justified
1
2
3
4
5
6
7 Completely justified
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Given the defendant’s situation, how likely is it that a reasonable person in the same situation would have acted (fatal killing) in the same way?
Not at all likely
1
2
3
4
5
6
7 Completely likely
How likely do you think it is that the defendant believed that the force used against the victim was necessary to prevent injury or death to their self?
Not at all likely
1
2
3
4
5
6
7 Completely likely
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To what extent do you believe that the defendant lacks adequate capacity to appreciate the criminality of her/his conduct?
Do not believe
1
2
3
4
5
6
7 Completely believe
To what extent do you believe that the defendant lacks the capacity to conform her/his conduct to the requirements of the law?
Do not believe
1
2
3
4
5
6
7 Completely believe
To what extent do you believe that the defendant exhibits a mental disease or defect?
Do not believe
1
2
3
4
5
6
7 Completely believe
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How sexually aroused were you by the scenario you just read?
Not at all aroused
1
2
3
4
5
6
7 Completely aroused
How much of an influence did the fact that the defendant had been drinking alcohol prior to the incident, influence your decision of guilt?
Not at all influence
1
2
3
4
5
6
7 Completely influence
Demographic Questionnaire
During the jury-selection phase of actual trials, potential jurors are typically asked a series of questions regarding their personal characteristics and experiences. Please answer the following questions as honestly as possible. If you feel uncomfortable answering any questions you may leave them blank.
What is your age? years old
What is your gender?
Female Male
With what ethnic group do you most closely identify? (select one)
White/Caucasian Black/African American Latino/Hispanic Native American Asian American Other
Marital Status: (select one)
Married Cohabitating Widowed Partnered Single Divorced Separated
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What is your highest level of education? (select one)
Some High School Completed High School Completed Bachelor's Degree Completed Master's Degree Completed Doctoral Degree Completed Law Degree Other
What is your occupation? Describe in the box in a word or two.
What is your sexual orientation: (mark one)
Heterosexual/Straight Gay Lesbian Bisexual Uncertain
Rate your sexual preference:
Exclusively Heterosexual
0
1
2
3
Bisexual
4
5
6 Exclusively Homosexual
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Have you ever served on a criminal jury?
Yes
No
Have you ever served on a civil jury?
Yes
No
Have you ever been pressured to go out on a date with someone of the opposite sex that you were not interested in?
Yes
No
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Have you ever been pressured to go out on a date with someone of the same sex that you were not interested in?
Yes
No
What was the defendant’s gender in the scenario?
Male
Female
What was the defendant’s sexual orientation in the scenario?
Heterosexual
Homosexual
Did you receive jury instructions advising you not to base your decision on bias towards the victim or defendant?
Yes
No
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Do you have any friends and/or people you care about that are homosexual?
Yes
No
If yes, how close are you to them?
Not very close at all
1
2
3
4
5
6
7 Very close
If you are a StudyResponse participant, please enter your number in the box below.
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The following questions ask you about your perceptions regarding alternative lifestyles. Please circle the answer that best corresponds to your attitude.
Gay people make me nervous.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
Gay people deserve what they get.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
Homosexuality is acceptable to me.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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If I discovered a friend was gay, I would end the friendship.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I think homosexual people should not work with children.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I make derogatory remarks about gay people.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I enjoy the company of gay people.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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Marriage between homosexual individuals is acceptable.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I make derogatory remarks like “faggot” or “queer” to people I suspect are gay.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
It does not matter to me whether my friends are gay or straight.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
It would not upset me if I learned that a close friend was homosexual.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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Homosexuality is immoral.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I tease and make jokes about gay people.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I feel that you cannot trust a person who is homosexual.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I fear homosexual persons will make sexual advances towards me.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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Organizations which promote gay rights are necessary.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I have damaged property of gay persons, such as “keying” their cars.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I would feel comfortable having a gay roommate.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I would hit a homosexual for coming on to me.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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Homosexual behavior should not be against the law.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I avoid gay individuals.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
It does not bother me to see two homosexual people together in public.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
When I see a gay person I think “What a waste.”
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
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When I meet someone I try to find out if he/she is gay.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
I have rocky relationships with people that I suspect are gay.
Strongly disagree
1
2
3
4
5
6
7 Strongly agree
The following questions are True/False. Please mark the correct answer that best fits how you feel about yourself.
I sometimes litter.
True
False
I always admit my mistakes openly and face the potential negative consequences.
True
False
In traffic I am always polite and considerate of others.
True
False
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I have tried illegal drugs (for example, marijuana, cocaine, etc.).
True
False
I always accept others opinions, even when they don’t agree with my own.
True
False
I take out my bad moods on others now and then.
True
False
There has been an occasion when I took advantage of someone else.
True
False
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In conversations I always listen attentively and let others finish their sentences.
True
False
I never hesitate to help someone in case of emergency.
True
False
When I have made a promise, I keep it-no ifs, ands, or buts.
True
False
I occasionally speak badly of others behind their back.
True
False
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I would never live off other people.
True
False
I always stay friendly and courteous with other people, even when I am stressed out.
True
False
During arguments I always stay objective and matter-of-fact.
True
False
There has been at least one occasion when I failed to return an item that I borrowed.
True
False
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I always eat a healthy diet.
True
False
Sometimes I only help because I expect something in return.
True
False
The following questions ask you about your perceptions regarding alternative lifestyles. Please circle the answer that best corresponds to your attitude.
Lesbians just can’t fit into our society.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
A woman’s homosexuality should not be a cause for job discrimination in any situation.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Female homosexuality is detrimental to society because it breaks down the natural divisions between the sexes.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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State laws regulating private, consenting lesbian behavior should be loosened.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Female homosexuality is a sin.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
The growing number of lesbians indicates a decline in American morals.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Female homosexuality in itself is no problem, but what society makes of it can be a problem.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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Female homosexuality is a threat to many of our basic social institutions.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Female homosexuality is an inferior form of sexuality.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Lesbians are sick.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Male homosexual couples should be allowed to adopt children the same as heterosexual couples.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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I think male homosexuals are disgusting.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Male homosexuals should not be allowed to teach school.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Male homosexuality is a perversion.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Just as in other species, male homosexuality is a natural expression of sexuality in them.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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If a man has homosexual feelings, he should do everything he can to overcome them.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
I would not be too upset if I learned that my son was a homosexual.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Homosexual behavior between two men is just plain wrong.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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The idea of male homosexual marriages seems ridiculous to me.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
Male homosexuality is merely a different kind of lifestyle that should not be condemned.
Strongly Disagree
1
2
3
4
5
6
7 Strongly Agree
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