Gathering Data for Pretrial Motions on Juror Bias (From Jurywork - Systematic Techniques - Second Edition, P 8.1-8.37, 1983, Beth Bonora and Elissa Krauss, ed. - See NCJ-90582)

• NCJ Number: 90589
• Author(s): L Kugler; L Lawrence; S Stacey; D Wiley
• Date Published: 1983
• Length: 37 pages
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

This discussion describes four techniques for collecting data to demonstrate the existence of knowledge, opinion, or affiliations that may prejudice a jury against a defendant: media content analysis, community witness interviews, community attitude surveys, and analysis of litigants' economic roles in the jurisdiction.

Abstract

Data collection for media content analysis involves counting the stories appearing in print and electronic media and the number of times the key words and themes are used in these stories. Basic categories to explore in a criminal case include references to the defendant and the victim, characterization of the crime, and publicity generated by the government. Civil cases should consider references to the litigant's economic importance and characterizations of the litigant's reputation and the litigation itself. Affidavits or testimony about the content analysis should highlight themes likely to contribute to opinion formation and explain the study's data sources and methodology. Community witnesses are persons who have contact with the public, such as public officials, doctors, clergy, officers of local organizations, and people in service occupations. Such witnesses should include individuals from a variety of backgrounds. Potential witnesses are contacted by telephone and then interviewed in person. Community attitude surveys provide the most persuasive evidence of prejudgement and prejudice, but require considerable time, money, and expertise. In general, a simple random sample of people eligible for jury duty is used, and the instrument must contain attitude, case specific, and demographic questions. An economic analysis collects information on employment patterns, service patterns, litigant's public image, public support and investments in a litigant institution or corporation, litigant's contribution to the community, ownership and management patterns, and the jurisdiction's economic climate. The paper provides a sample community witness's affidavit, guidelines on survey methodology, and 22 footnotes.