Andreea Ene

“My point is that bias is not advertised by a glowing sign worn around jurors’ necks; we are all guilty of it, because the brain is wired for us to see what we believe, and it usually happens outside of everyone’s awareness. Affective realism decimates the ideal of the impartial juror. Want to increase the likelihood of a conviction in a murder trial? Show the jury some gruesome photographic evidence. Tip their body budgets out of balance and chances are they’ll attribute their unpleasant affect to the defendant: “I feel bad, therefore you must have done something bad. You are a bad person.” Or permit family members of the deceased to describe how the crime has hurt them, a practice known as a victim impact statement, and the jury will tend to recommend more severe punishments. Crank up the emotional impact of a victim impact statement by recording it professionally on video and adding music and narration like a dramatic film, and you’ve got the makings of a jury-swaying masterpiece.45 Affective realism intertwines with the law outside the courtroom as well. Imagine that you are enjoying a quiet evening at home when suddenly you hear loud banging outside. You look out the window and see an African American man attempting to force open the door of a nearby house. Being a dutiful citizen, you call 911, and the police arrive and arrest the perpetrator. Congratulations, you have just brought about the arrest of Harvard professor Henry Louis Gates, Jr., as it happened on July 16, 2009. Gates was trying to force open the front door of his own home, which had become stuck while he was traveling. Affective realism strikes again. The real-life eyewitness in this incident had an affective feeling, presumably based on her concepts about crime and skin color, and made a mental inference that the man outside the window had intent to commit a crime.”
― Lisa Feldman Barrett, How Emotions Are Made: The Secret Life of the Brain