NCJ Number
101048
Date Published
1986
Length
276 pages
Annotation
After a review of the history of the jury in England and America, jury research findings are woven into narratives of actual jury trials to critique jury selection and jury decisionmaking.
Abstract
Historical archives, court documents, jury research, authors' participation in jury selection, and the views of jurors all contributed to this work. The analysis of jury selection encompasses its underlying assumptions, required court procedures for selecting unbiased jurors, and the recent trend toward 'scientific jury selection.' An indepth analysis of jury decisionmaking considers how jurors combine their individual perspectives to produce a single verdict. The book assesses three major criticisms of juries: the jury is incompetent, the jury is prejudiced, and the jury ignores the law. Recent changes in jury size and the requirement for unanimous verdicts are also considered. Jury functioning is considered in three controversial types of trials: where the insanity defense is used, where rape is charged, and where the penalty is death. The book predicts that the criminal jury will survive, although some of the jury's power may erode. The civil jury, however, is believed to be in serious jeopardy. Chapter notes and name and subject indexes.