CONFORMITY AND THE JURY DECISION-MAKING PROCESS

• NCJ Number: 62001
• Author(s): J H FORTENBERRY
• Date Published: 1979
• Length: 24 pages
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT SYMPOSIUM ENTITLED 'SOCIAL PSYCHOLOGICAL ASPECTS OF THE JURY DECISION-MAKING PROCESS', NEW YORK CITY, SEPTEMBER 1979.

Annotation

CONFORMING BEHAVIOR BY INDIVIDUAL JURORS IN A SIMULATED JURY DECISIONMAKING PROCESS IS EXAMINED.

Abstract

SUBJECTS WERE 192 MALE AND FEMALE STUDENTS AT A FLORIDA UNIVERSITY, WITH A MEDIAN AGE OF 28.5 YEARS; 171 OF THE SUBJECTS WERE WHITE. THE FIRST PHASE OF THE STUDY CONSISTED OF THE ADMINISTRATION OF A PACKET OF QUESTIONNAIRES, INCLUDING THE SHORT FORM OF THE MACHIAVELLIAN SCALE, WRIGHTSMAN'S PHILOSOPHY OF HUMAN NATURE SCALE, THE SHORT FORM OF THE DOGMATISM SCALE, AND THE INTERNAL-EXTERNAL LOCUS OF CONTROL SCALE. THE SECOND PHASE OF THE STUDY INVOLVED THE SIMULATION OF A JURY TRIAL OF A CAPITAL OFFENSE UNDER FLORIDA LAW, WHICH INVOLVES A BIFURCATED PROCESS REQUIRING THE JURY TO REACH A UNANIMOUS VERDICT, FOLLOWED BY A SEPARATE UNANIMOUS DECISION BETWEEN LIFE IMPRISONMENT AND DEATH SHOULD THE DEFENDANT BE FOUND GUILTY. A TAPE PLAYED TO THE SUBJECTS REPORTED ON A TRIAL WHERE AN ADULT MALE WAS CHARGED WITH COMMITTING SEXUAL BATTERY ON AN 11-YEAR-OLD CHILD. THERE WERE EIGHT TAPES WHICH VARIED ACCORDING TO THE RACE OF THE OFFENDER AND THE RACE AND SEX OF THE VICTIM. THE TAPES WERE RANDOMLY ASSIGNED TO EACH OF 16 JURIES, 8 INCLUDING ONLY WHITE JURORS AND 8 INCLUDING SOME BLACK JURORS. AS JURIES AND AS INDIVIDUALS, THE SUBJECTS REPORTED ON THEIR VERDICTS AND THE SENTENCE (ASSUMING THE GUILT OF THE DEFENDANT). RESULTS SHOW THAT THE JURORS APPARENTLY MADE THEIR DECISIONS AFTER THE TRIAL AND BEFORE THE POSTTRIAL DELIBERATION PROCESS. IN THEIR INITIAL VERDICT DECISION, 65.44 PERCENT OF THE SUBJECTS INDICATED 'PROBABLY INNOCENT' OR 'INNOCENT.' RESULTS OF DATA ON SHIFTS IN DECISION REFLECT A HIGH PERCENTAGE OF SUBJECTS WHO DID NOT CHANGE THEIR DECISIONS ON BOTH THE VERDICT AND SENTENCE DECISIONS. THE NATURE OF THE JURIDIC DECISIONMAKING UNIT APPEARS TO COUNTER CONFORMITY BEHAVIORS. THE JURY IS A SHORT-TERM GROUP IN WHICH THE PARTICIPANTS DO NOT ANTICIPATE FUTURE REWARDS OR PUNISHMENT FROM THE GROUP; THUS, IMPORTANT INGREDIENTS FOR CONFORMING BEHAVIOR ARE ABSENT IN THE JURY MILIEU. TABULAR DATA AND REFERENCES ARE PROVIDED. (RCB)