Existential Terror, Social Injustice, and the Death Penalty

• In Event: Roundtable: Studies in Law and Sentencing

Abstract

Are we motivated by a deep existential terror and prejudice to execute someone for capital murder? Terror Management Theory (TMT) would suggest so. According to TMT, human beings face the fundamental paradox of mortality that arises from the realization that death is inevitable and yet terrifyingly inconceivable. As a result, reminders of our own mortality lead us to negatively evaluate those who threaten our beliefs about the world and engage in the impulse to punish dissimilar others. This presentation will argue that death-related psychological terror is a major factor driving human behavior - particularly violent and discriminatory behavior – and the inclination to support capital punishment. The theories included in this presentation have had a wealth of empirical support and continue to contribute to our understanding of wrongful convictions, false confessions, jury decision-making, and societal perceptions of criminals. Thus, it is important to educate legal and forensic practitioners about issues regarding the cognitive biases that influence judicial outcomes for disadvantaged individuals, especially minorities. Presenting a new perspective on the factors contributing to a criminally unjust judicial system will draw attention to ways in which biases can be minimized through policy reform and mitigation.

Authors

• Athena Kheibari, University of Kentucky

• Grant Victor III, University of Kentucky