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This volume summarizes what is known about the psychology of juries and offers a robust research agenda to keep scholars busy in years to come.
Provides a comprehensive and understandable summary of the major theories of juror decision making.
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making, Dennis J. Devine examines over 50 years of research on juries and offers a "big picture" overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
"Given the importance of trial consultants to the modern-day practice of law, Scientific Jury Selection is designed to be informative for psychologists, other professionals interested in trial consulting (e.g., sociologists, communication experts, marketing researchers, psychiatrists, and social workers), and attorneys. The authors provide a thorough review of the most common techniques used to select jurors and a critical, social-science-based evaluation of the ultimate effectiveness of these methods. The nature and mechanics of the voir dire process, the use of community surveys, and the influence of demographic factors on scientific jury selection are among the many topics given a close examination by the two authors, who are pioneers in the field. Psychologists and other social scientists as well as practicing trial consultants who read the book will gain a better understanding of the current state of research relevant to scientific jury selection, emerging trends, and areas in which new research needs to be conducted to advance the field. Attorneys who read the book will be better positioned to decide whether to hire consultants to assist in future litigation, and if so, what types of services these consultants should provide"--Jacket. (PsycINFO Database Record (c) 2007 APA, all rights reserved).
The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before. Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contemplate myriad legal issues that arise when jurors decide criminal cases as well as cutting-edge psychological research that can be used to not only understand the performance and experience of the contemporary criminal jury, but also to improve it. Chapter authors grapple with a number of key issues at the intersection of psychology and law, guiding readers to consider everything from the factors that influence the initial selection of the jury to how jurors cope with and reflect on their service after the trial ends. Together the chapters provide a unique view of criminal juries with the goal of increasing awareness of a broad range of current issues in great need of theoretical, empirical, and legal attention. Criminal Juries in the 21st Century will identify how social science research can inform law and policy relevant to improving justice within the jury system, and is an essential resource for those who directly study jury decision making as well as social scientists generally, attorneys, judges, students, and even future jurors.
This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures. Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia). This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.
Annotation This study examines the reasoning process behind the jurors' complex task of deciding damage awards, and how the structure and procedures of civil jury trials sometimes impede such decisions. Green (psychology, U. of Colorado, Colorado Springs) and Bornstein (psychology and law, U. of Nebraska) consider such influential factors as identity of the plaintiff, defendant, and jurors themselves; conduct of the litigants; and severity and nature of the injury. The study concludes with recommendations for policy reform. Written for psychologists, law practitioners, social scientists, and policy makers. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.
The Jury Under Fire reviews a number of controversial beliefs about juries that have persisted in recent years as well as the implications of these views for jury reform efforts. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques the myth, and then uses social science research findings to suggest appropriate reforms.
Juries have a bad reputation. Often jurors are seen as incompetent, biased and unpredictable, and jury trials are seen as a waste of time and money. In fact, so few criminal and civil cases reach a jury today that trial by jury is on the verge of extinction. Juries are being replaced by mediators, arbitrators and private judges. The wise trial of “Twelve Angry Men” has become a fiction. As a result, a foundation of American democracy is about to vanish. The Jury Crisis: What’s Wrong with Jury Trials and How We Can Save Them addresses the near collapse of the jury trial in America – its causes, consequences, and cures. Drury Sherrod brings his unique perspective as a social psychologist who became a jury consultant to the reader, applying psychological research to real world trials and explaining why juries have become dysfunctional. While this collapse of the jury can be traced to multiple causes, including poor public education, the absence of peers and community standards in a class-stratified, racially divided society, and people’s reluctance to serve on a jury, the focus of this book is on the conduct of trials themselves, from jury selection to evidence presentation to jury deliberations. Judges and lawyers believe – wrongly – that jurors can put aside their biases, sit quietly through hours, days or weeks of conflicting testimony, and not make up their minds until they have heard all the evidence. Unfortunately, the human brain doesn’t work that way. A great deal of psychological research on jurors and other decision-makers shows that our brains intuitively leap to story-telling before we rationally analyze “facts,” or evidence. Weaving details into a narrative is how we make sense of the world, and it’s very hard to suppress this tendency. Consequently, a majority of jurors actually make up their minds before they have heard much of the evidence. Judges, arbitrators and mediators have similar biases. The Jury Crisis deals with an important social problem, namely the near collapse of a thousand year old institution, and proposes how to fix the jury system and restore trial by jury to a more prominent place in American society.