Jury selection and deliberation

amendment that says we have the right to equal protection under the law

14th amendment

In a study done by Hastie, Schkade & Payne, jurors were asked to define legal terms that were relevant to the cases they were on. What percent was the median score of the correct definitions?

15

what % of the jury pools anwar, bayer, and hjalmarsson examined had no black members

40

amendment that says we have the right to a fair and impartial jury

6th amendment

authoritative counsel or warning. Ex. "Jurors will disregard that statement"

admonition

STUDY: Examined actual trial outcomes involving felony cases in Florida. - Juries formed from all-white jury pools convicted black defendants 16% more often than white. Jury pool with at least one black member had no significant difference in conviction rates for white and black defendants. Found that composition of jury pool matters.

anwar, bayer, hjalmarsson

According to the study by Ellsworth & Reifman, those who receive higher scores on a personality test are more likely to convict and give longer sentences, but not when the defendant is an authority. They have the personality characteristic of:

authoritarianism

CASE: eliminated exclusions based on RACE

batson v kentucky

Those who share qualities might be skeptical of that person's excuses or justifications. "They are similar to me, but I would never do that, so..." this is known as the:

black sheep effect

when evidence is STRONG, are you more likely to get similar leniency effect or black sheep effect?

black sheep effect

A judge claims that a certain juror may be biased or prejudice in some way and excludes him. This is known as a

challenge for cause

How do trial consultants scientifically select a jury and succesfully help their case? (5)

community surveys, focus groups, mock trials, voir dire, opening and closing arguments

According to Rose (1999) A Caucasian man excluded from a jury would be more likely to have been dismissed by the:

defense

In OJ simpson trial, who followed the trial consultants advice?

defense

More diverse juries are beneficial because: (4)

deliberate longer, racial topics, discuss evidence, fewer inaccurate statements

How can attorneys predict how a person will lean before the trial begins? (3)

demographics, juror personality, group status

CASE: Ruled that defendant can screen prospective jurors, to determine if they are prejudiced

dennis v united states

Evidence driven juries: (4)

discuss evidence more thoroughly, do not leave out evidence, take task more seriously, feel more satisfied with contribution

STUDY: Participants given a description of a criminal case (i.e., shoplifting). Racial makeup of jury was varied; All white seen as more unfair

ellie and diamond

Type of jury deliberation that starts with a thorough review of evidence, testimony, and can relate evidence to both verdicts, and take a poll near the end

evidence driven

people ignoring jury summons, not returning questionnaires, visual or hearing impairment, felons, non-english speakers, non-citizens, personal hardships; these are all:

exemptions and exclusions

When receiving bad test results, people would tend to blame the teacher or the test. (internal/external)

external locus of control

Attorneys can exclude all members of a cognizable group(ethnic groups, religion, gender) t/f

false

Defendants were antiwar activists, conspired to destroy draft records, kidnap Henry Kissinger presidential advisor, blow up heating tunnels in DC. Defense hired a group of psychologists and other social scientists to help them choose jurors who would be sympathetic. Who were the defendants?

harrisburg seven

How effective are trial consultants at selecting a jury?

inconclusive

When receiving bad test results, people would tend to blame themselves and their abilities. (internal/external)

internal locus of control

CASE: eliminated exclusions based on GENDER

jeb v alabama

Act that had to do with uniform criteria for selection of jury: broad cross-section of community, increase diversity, representativeness, race, gender, age, SES, sexual orientation, religion 1968. This was the:

jury selection and service act

Representative juries lead to the appearance of

legitimacy

extent to which individuals believe that they can control events that affect them

locus of control

what did pre-1968 juries look like?

middle aged white guys

Who ruled this: "The legislature has the right to exclude women so they may contribute their services as mothers, wives, and homemakers, and also to protect them from the filth, obscenity, and noxious atmosphere that so often pervades a courtroom during a jury trial." 1966

mississippi supreme court

The personality characteristic of those who believe in a "just world" may blame victim (more/less)

more

are trail consultants affordable?

no

instructions given that help consider what is evidence and what is not

pattern instructions

CASE: Both prosecution & defense hired trial consultants Prosecution = Donald Vinson. Defense = Jo-Ellan Dimitrius

people v simpson

A lawyer on one side of the jury has a hunch (feeling based on intuition rather than fact) about one of the jurors so he excludes that juror. This is known as a

peremptory challenge

Given before the trial, typically procedural (e.g., don't talk to media)

preliminary instructions

Jury instructions (3)

preliminary instructions, admonitions, substantive law instructions

According to Rose (1999) An African American excluded from a jury would be more likely to have been dismissed by the:

prosecution

In OJ Simpson trial, what did the trial consultants say the decision was going to come down to?

race

Lack of representativeness can lead to rejection of both the criminal justice process and its outcomes. An example is:

rodney king and la riots

STUDY: Examined 348 juror prospects involved in 13 North Carolina felony trials, 147 peremptory challenges were used (66% by defense). 71% of African-American jurors were dismissed by the prosecution, 81% of Caucasian jurors were dismissed by defense. Found that African-American jurors just as likely to be dismissed as Caucasian jurors

rose

In non-Scientific Jury Selection, who said:"Women are born skeptics, generally as curious as the cat, and they are skeptical in direct proportion to the physical beauty of a female witness."

ruben

when evidence is WEAK, are you more likely to get similar-leniency effect or black sheep effect?

similar leniency effect

Hypothesis that states that jurors who are demographically or socially similar to a defendant might be more sympathetic

similar leniency hypothesis

Information about the law that establishes principles and creates and defines right as it applies to the case, typically not given until after the trial

substantive law instructions

In non-Scientific Jury Selection, who stated: "I try to get a jury with little education but with much human emotion. The Irish are always best for the defense. I don't want a Scotchman, for he has too little human feelings; I don't want a Scandinavian, for he has too strong a respect for law as law. In general, I don't want a religious person, for he believes in sin and punishment. The defense should avoid rich men who have a high regard for the law, as they make and use it. The smug and ultra-respectable think they are the guardians of society, and they believe the law is for them."

sutherland and cressey

Dr phil was a _____ for oprah winfery when she said she stopped eating meat and meat sales dropped

trial consultant

According to Ellsworth & Reifman, 2000, implicit personality tests do not tend to reliably predict jury verdicts t/f

true

Lawyers ask questions that are not just questions during a case. ie. "Have you ever seen someone, and you were sure you knew them, but it turned out when you got closer, it was someone else?" t/f

true

The incomprehensibility of legalese has a negative effect on juror deliberation t/f

true

Trial lawyers often apply their implicit personality theories to jury selection t/f

true

the list from which jurors may be selected (cause to come)

venire

2 stages of jury composition the jury is influenced at

venire, voir dire

Type of jury deliberation that starts with a poll "i think he's guilty becasue.." and then use supporting evidence

verdict driven

is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (to speak the truth)

voir dire

How are jurors selected (5)

voter registration, license, ids, unemployment lists, persons receiving public assistance

In non-Scientific Jury Selection, who stated: "Never accept a juror whose occupation begins with a P. This includes pimps, prostitutes, preachers, plumbers, procurers, psychologists, physicians, psychiatrists, printers, painters, philosophers, professors, phonies, parachutists, pipe-smokers, or part time anythings."

william bryan