NCJ Number
113802
Journal
Law and Human Behavior Volume: 12 Issue: 3 Dated: (September 1988) Pages: 231-261
Date Published
1988
Length
31 pages
Annotation
This article describes a field experiment that examined the advantages and disadvantages of two juror participation procedures: allowing jurors to take notes during the trial and allowing jurors to direct questions to witnesses.
Abstract
The study randomly assigned the presence or absence of both procedures to 34 civil and 33 criminal trials in Wisconsin circuit courts and asked jurors, judges, and attorneys to complete questionnaires at the trials' end. The results showed that juror notetaking increased juror satisfaction with the trial and was not distracting. Moreover, the findings did not support contentions that notetakers were overly influential during deliberations, that jurors' notes were inaccurate, that the notes favored the plaintiff, or that notes heightened juror disagreement with the trial evidence. Allowing jurors to direct questions to witnesses did not uncover important issues in the trial and did not increase jurors'satisfaction. Questions did alleviate jurors' doubts about testimony and gave lawyers feedback about jurors'perception of the trial. The authors recommend the judicial system give serious consideration to both procedures. Tables, the questionnaire, and 19 references. (Author abstract modified)