Gore, gut feelings, and guilt: a systematic review on the emotional impact of gruesome evidence on guilt decisions

Abstract

Previous research has shown that gruesome evidence influences guilt decisions in criminal proceedings. The current systematic review explored the underlying mechanism of this effect. More specifically, it critically scrutinized the literature on the potential mediating role of emotion in the effect of gruesome evidence on guilt decisions. A search in Web of Science, EBSCOhost, and ProQuest revealed 9 empirical studies (in 8 articles) that tested for this potential mediating effect. A synthesis of the literature suggests that specific emotions play a different role: disgust seems to show a mediating effect, whereas fear-related emotions, and general positive and negative affect do not. Studies on sadness and anger-related emotions paint a similar picture, as the majority of studies do not support a mediating effect, although the effect of anger seems to partly depend on the type of anger measured. To better understand the (unwanted) role that emotions evoked by gruesome evidence play in decisions about guilt, more research is needed with representative samples – preferably with real judges, but also with other actors in the criminal justice system – taking into consideration the role of deliberation between participants.

Gruesome evidenceemotionGuilt decisionSystematic reviewDisgustAngerLegal decision-making