NCJ Number
60994
Journal
RUTGERS JOURNAL OF COMPUTERS TECHNOLOGY AND THE LAW Volume: 7 Issue: 1 Dated: (1979) Pages: 111-134
Date Published
1979
Length
24 pages
Annotation
THE DEVELOPMENT OF SURVEY RESEARCH TECHNIQUES IN LITIGATION IS DISCUSSED WITH EMPHASIS ON THE FACTORS AFFECTING THE ACCURACY OF POOLS AND THE USE OF SURVEY FINDINGS TO ASSESS PUBLIC PREJUDICES.
Abstract
WHERE COMMUNITY ATTITUDES MUST BE WEIGHED BEFORE A TRIAL, SURVEY RESEARCH PRESENTS THE MOST SCIENTIFIC METHOD OF ASSESSING PUBLIC UNDERSTANDING. BECAUSE A WELL-CONDUCTED SURVEY IS THE MOST ACCURATE AND OFTEN MOST PRACTICAL METHOD OF ASCERTAINING PUUBLIC OPINION, SURVEYS ARE USEFUL LITIGATION TOOLS TO COMPLEMENT THE EXISTING JUDICIAL PROCESS. IN THE CASE OF UNITED STATES V. ALCOA (1940), THE COURT ADMITTED AS AN EXCEPTION TO THE HEARSAY RULE EXPERT TESTIMONY BASED WHOLLY OR IN PART ON REPORTS WHERE SUCH INFORMATION WAS OTHERWISE UNATTAINABLE. SIMILARLY, SEVERAL CASES INVOLVING TRADEMARK RECOGNITION RELIED ON EXPERT INFORMATION OBTAINED THROUGH RESEARCH WHICH INCLUDED SURVEYS. BY THE 1950'S IT WAS WELL-SETTLED THAT SURVEYS WOULD BE ADMITTED AS EVIDENCE IN ORDER TO ESTABLISH WHETHER A PARTICULAR TRADE SYMBOL HAD SUFFICIENT PUBLIC RECOGNITION. HOWEVER, PROPONENTS OF SURVEYS MET WITH LITTLE SUCCESS WHEN INTRODUCING THEM TO SUPPORT A CHANGE OF VENUE MOTION. INDICATIONS OF LOCAL PREJUDICE AGAINST A DEFENDANT OR OF RACIAL BIAS IN THE COMMUNITY MUST BE PROVEN BY THE DEFENDANT. THE COURTS ARE GENERALLY SUSUSPICIOUS OF THE ACCURACY OF SURVEYS FINANCED BY ONE SIDE IN LITIGATION, WHEN THE USUAL VOIR DIRE PROCEDURES ARE DEEMED SUFFICIENT TO PREVENT JURY BIAS. HOWEVER, CAREFUL USE OF RESEARCH MAY ALLOW ATTORNEYS TO DEVELOP PROFILES OF 'IDEAL' JURORS IN PARTICULAR CASES. FOOTNOTES ARE PROVIDED. (TWK)