Due Process

The events off September 11, 2001 influenced the feelings of most of the U. S. The attacks reminded people of the danger of terrorism, and made them aware of their mortality. This ubiquitous knowledge had a significant impact on how people lived. People felt compelled to display American flags, attend church, and give blood. Many also began to severely judge others that did not align with their world view. There were multiple accounts of violence against persons appearing to be Middle-Eastern. These judgments are endemic of mortality salience. When people become aware of their mortality, they more harshly judge those that do not align with that view. This is evident even in the court system. Recent experiments and research demonstrates that when judges are affected by mortality salience, they alter their judgments to align more accurately with their view of the world.

Terror management theory describes how people react when they are made aware of their mortality. According to this theory, society and culture are used as barriers against the knowledge of mortality. So, when people are exposed to this knowledge, they alter their actions to align more strongly with their worldview. This allows them to reinforce that view and keep mortality salience at a safe distance. (Arndt et al, 2005) According to this theory, people affected by mortality salience will more harshly judge those that seem to oppose their world view. This is demonstrated in the violence against Middle-Eastern people post September 11. This can also have effects as far reaching as the court room.

In an experiment, a group of judges were given questionnaire packets. Half of the packets contained questions that were designed to elicit thoughts of death. The judges were then asked to decide bail for an alleged prostitute. They gave the judge all the information that would normally be used to discern bail in this type of case. Judges not given questions regarding mortality salience gave on average a bail of 50 dollars, whereas the judges given the questions regarding mortality salience gave an average bail of 450 dollars. (Arndt et al, 2005) According to terror management theory, this difference is caused by judges view prostitution as a threat to their world view, the legal system. When this experiment was repeated with college students, only those who viewed prostitution negatively gave higher bail for the defendant when exposed to mortality salience. (Arndt et al, 2005)

These experiments demonstrate the significant affect mortality salience can have on the legal system. After September 11, many criticized the government for not giving fair trials to suspected terrorists, but in that situation, a fair trial may be impossible. This effect is not only bound to events like September 11. Common courtroom occurrences such as recordings of fatal car accidents or recollections of death can cause mortality salience. (Arndt et al, 2005) These results leave us wondering if it is possible to have a fair, unbiased justice system. How just can courts really be?


Sources

Arndt, Jamie; Cook, Alison; Lieberman, Joel D.; Solomon, Sheldon. “TERROR MANAGEMENT IN THE COURTROOM: Exploring the Effects of Mortality Salience on Legal Decision Making”. Psychology, Public Policy, and Law. 2005.