Do native and non-native speakers make different judicial decisions?

Abstract

Bilinguals experience diminished emotion when using their foreign compared with their native language. The diminished emotion has been shown to lead to more lenient moral evaluations in a foreign language. Here we show that non-native speakers of English are less sensitive to emotional mitigating circumstances of a crime than native speakers, presumably because of the diminished experience emotion. This can lead non-native speakers to provide harsher, rather than more lenient, evaluations. Native and non-native speakers of English recommended sentence duration for crimes committed because of mitigating emotional circumstances (e.g., fraud to pay spouse's medical treatment) or for selfish reasons (e.g., buying luxury goods). Native English speakers differentiated more between the two types of scenarios than non-native speakers did. The study thus provides preliminary evidence that processing information in a foreign language can influence decisions, and that the directionality of the effect depends on the role of emotion in the context.