DISCRETION IN JURY SELECTION (FROM SOCIAL PSYCHOLOGY AND DISCRETIONARY LAW, 1979, BY LAWRENCE EDWIN ABT AND IRVING R STUART - SEE NCJ-60144)

• NCJ Number: 60152
• Author(s): R BUCKHOUT; J LICKER; M ALEXANDER; GAMBARDELLA; P EUGENIO; B KAKOULLIS
• Date Published: 1979
• Length: 20 pages
• Corporate Author: Van Nostrand Reinhold
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

FROM A REVIEW OF LITERATURE AND AN EMPIRICAL STUDY, THE DEGREE OF AUTHORITARIANISM IN JURORS' PERSONALITIES IS MEASURED IN ITS EFFECT ON JUROR INTERACTION AND DECISIONMAKING.

Abstract

A REVIEW OF STUDIES OF PERSONALITY FACTORS AFFECTING A JUROR'S DECISIONMAKING SHOWS THAT THE DEGREE OF AUTHORITARIANISM (A TENDENCY TOWARDS A LAW AND ORDER MENTALITY, PUNITIVENESS, AND RIGIDITY) IS RELATED TO THE JUROR'S DECISION, WITH AUTHORITARIAN TYPES BEING MORE LIKELY TO CONVICT. THE REPORTED EMPIRICAL STUDY TESTED THIS FINDING AND EXAMINED THE EFFECTS ON JURY DECISIONMAKING OF A MIX OF JURORS HAVING VARYING DEGREES OF AUTHORITARIAN TENDENCIES. A SAMPLE OF 295 COLLEGE STUDENTS SERVED AS MOCK JURORS IN A SIMULATED MURDER TRIAL, USING VIDEOTAPE OF A RECONSTRUCTED ACTUAL TRIAL. BASED ON TESTING WITH THE LEGAL ATTITUDE QUESTIONNAIRE TO DETERMINE AUTHORITARIAN TENDENCIES IN THE SUBJECTS, A 2X2 FACTORIAL DESIGN BASED ON DELIBERATION CONDITION (ALL AUTHORITARIANS OR ALL EQUALITARIANS) AND ALSO PREVERDICT (GUILTY OR NOT GUILTY) JUROR DISPOSITIONS WAS USED. IT WAS FOUND THAT PURE AUTHORITARIAN JURIES CONVICTED MORE OFTEN THAN THE EQUALITARIAN JURIES. FURTHER, INDIVIDUAL AUTHORITARIANS CONVICTED MORE OFTEN THAN EQUALITARIANS. IN A MIXED JURY WHERE A SET OF EQUALITARIAN JURORS HOLD A PREVERDICT ACQUITTAL VIEW, ACQUITTAL OCCURRED ABOUT 50 PERCENT OF THE TIME, WITH EQUALITARIANS BEING PERSUASIVE ADVOCATES IN SWAYING AUTHORITARIAN TYPES. THESE ARE FAVORABLE ODDS IN COMPARISON TO THE USUAL HIGH RATE OF CONVICTIONS BY REAL JURIES IN ACTUAL TRIALS. IN THE MIX IN WHICH EQUALITARIANS BEGAN DELIBERATION WITH A PREDISPOSITION TOWARD CONVICTION AND AUTHORITARIANS HAD A PREDISPOSITION TOWARD ACQUITTAL, ACQUITTAL OCCURRED 25 PERCENT FEWER TIMES THAN WHEN EQUALITARIANS HAD AN ACQUITTAL DISPOSITION BEFORE THE DELIBERATION. RESULTS MUST BE INTERPRETED CAUTIOUSLY, SINCE THE OVERALL PERCENTAGE OF CONVICTIONS FROM THE JURIES WAS SMALL, DUE TO THE LARGE NUMBER OF HUNG-JURY VERDICTS. RESULTS, HOWEVER, CLEARLY DEMONSTRATE THE RELEVANCE OF THE DEGREE OF AUTHORITARIANISM IN PREDICTING A JUROR'S VERDICT. TABULAR DATA AND REFERENCES ARE PROVIDED, AND THE APPENDIXES PROVIDE SAMPLES OF THE LEGAL ATTITUDES QUESTIONNAIRE, THE DEMOGRAPHIC QUESTIONNAIRE, AND THE PREDELIBERATION, FINAL, AND AFTER-VERDICT QUESTIONNAIRE. (RCB)