NCJ Number
62655
Date Published
1979
Length
25 pages
Annotation
AN EXPERIMENT DESIGNED TO TEST THE EFFECTS OF THE IN THE DELIBERATIONS OF JURIES IS DISCUSSED; 28 IN THE DELIBERATIONS OF JURIES IS DISCUSSED; 28 SIMULATED JURY DELIBERATIONS WERE EVALUATED.
Abstract
THE UNANIMITY REQUIREMENT MAY ENCOURAGE THOSE JURORS WITH DIFFERING OPINIONS TO EXPRESS THEIR THOUGHTS AND MAY LEAD TO MORE CAREFUL CONSIDERATION OF DISSENTING VIEWS. IF THE UNANIMITY REQUIREMENT PUTS JURORS WITH MINORITY VIEWPOINTS IN A STRONGER POSITION, THIS WOULD SOMETIMES AFFECT THE JURY'S FACT-FINDING ABILITY. REMOVAL OF THE REQUIREMENT MAY DECREASE THE MINORITY MEMBER'S VIEWS WITHIN THE JURY AND THUS INTERFERE WITH THE REPRESENTATIVE NATURE OF THE DECISION. IN THIS EXPERIMENT, LAW STUDENTS WERE USED TO EVALUATE SIMULATED JURY DELIBERATIONS IN WHICH UNANIMITY HAD OR HAD NOT BEEN REQUIRED. TWENTY-EIGHT SIMULATED JURY DELIBERATIONS AVAILABLE FROM A PREVIOUS STUDY ON THE UNANIMITY REQUIREMENT WERE USED. VIDEOTAPES OF THESE DELIBERATIONS WERE PRESENTED TO THE EVALUATORS, AND A QUESTIONNAIRE, COMPOSED OF 24 QUESTIONS ABOUT DELIBERATION QUALITY, ADEQUACY OF CONSIDERATION OF THE EVIDENCE, AND THE INFLUENCE OF THE MAJORITY AND MINORITY, WAS COMPLETED BY EACH EVALUATOR. EACH LAW STUDENT WAS SHOWN A PAIR OF DELIBERATIONS, ONE UNANIMITY DELIBERATION AND ONE MAJORITY DELIBERATION. A NUMBER OF DIFFERENT QUESTIONS ABOUT THE QUALITY OF GROUP DELIBERATIONS WERE THEN ASKED RELATING TO CONSIDERATION OF EVIDENCE AND LEGAL ISSUES, AND MINORITY AND MAJORITY INFLUENCES. THE EXPERIMENTS INDICATED THAT WHEN MAJORITY RULE VERDICTS WERE REQUIRED MINORITY VIEWS TEND TO BE DISREGARDED. THERE WERE NO DISCERNABLE QUALITATIVE DIFFERENCES IN THE DELIBERATIONS ENDNOTES AND AN APPENDIX ARE INCLUDED IN THE EXPERIMENT. (AUTHOR ABSTRACT MODIFIED--LWM)