EFFECT ON JURY DELIBERATIONS AND DECISIONS IN MOCK CRIMINAL CASES OF SIX- AND TWELVE-MEMBER JURIES AND OF UNANIMOUS AND NON-UNANIMOUS VERDICT REQUIREMENTS

• NCJ Number: 27397
• Author(s): H FRIEDMAN; K SHAVER
• Date Published: 1975
• Length: 48 pages
• Grant Number(s): 73-NI-03-0002
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

RESULTS OF A STUDY UNDERTAKEN IN RESPONSE TO SUPREME COURT DECISIONS AUTHORIZING THE USE OF JURIES OF FEWER THAN TWELVE MEMBERS AND OF NON-UNANIMOUS DECISIONS TO DETERMINE THEIR EFFECT ON JURY DECISION MAKING.

Abstract

AT LEAST FIVE JURIES WERE TESTED UNDER EACH OF THE EIGHT COMBINATIONS OF CONDITIONS. MEASURES OF INDIVIDUAL JUDGMENT AND JURY GROUP INTERACTION WERE OBTAINED. THE TWO CASES DIFFERED IN CONVICTION RATE BUT NO EFFECT ON CONVICTION RATE OF JURY SIZE OR VERDICT REQUIREMENT WAS OBSERVED. JUROR PARTICIPATION IN DISCUSSIONS WERE LEAST IN THE NON-UNANIMOUS, TWELVE-PERSON JURY SITUATION. THE MEAN LEVEL OF PERCEIVED 'GUILT' ASSOCIATED WITH THE DECISION TO VOTE THE DEFENDANT GUILTY WAS 70 PERCENT, CONSIDERABLY LOWER THAN EXPECTED. POST-VERDICT QUESTIONNAIRES INDICATED THAT PERCEIVED 'GUILT' WAS MORE CLOSELY RELATED TO 'RESPONSIBILITY' THAN TO 'CAUSALITY'. (AUTHOR ABSTRACT MODIFIED)