Jury Behavior - A Psychologist Examines Jury Selection

• NCJ Number: 80181
• Journal: Ohio Northern University Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 571-585
• Author(s): J T Frederick
• Date Published: 1978
• Length: 15 pages
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

Psychological research relevant to jury selection is reviewed, and techniques used by behavioral scientists in jury selection are discussed.

Abstract

There is a growing body of literature that indicates that characteristics of jurors affect their individual decisions and that the selection of juries based on certain characteristics can produce widely different verdicts. Common procedures used by behavioral scientists to select jurors are (1) community network information, (2) survey-based statistical modeling, (3) in-courtroom ratings of authoritarianism, (4) in-courtroom ratings of kinesics and paralinguistic communications, and (5) use of a psychic. The selection techniques discussed in detail are statistical modeling, in-courtroom ratings of authoritarianism, and in-courtroom ratings of kinesic and paralinguistic communication. Two basic assumptions underlie the statistical modeling approach. First, people predisposed to certain opinions can be identified by certain distinctive characteristics. Second, if critical characteristics can be isolated, these characteristics can be used to predict the behavior of potential jurors. The statistical modeling approach develops profiles or models of potential jurors, based upon certain demographic and social-psychological characteristics that can be used to predict their behavior. In-courtroom ratings of authoritarianism are based on findings that highly authoritarian persons are more conservative, highly punitive, rigid, sexually repressed, and acquiescent to authority. Attitudinal questions are asked of potential jurors to determine their levels of authoritarianism. Juror selection based on principles of kinesics and paralinguistic communication uses body movements, posture, gestures, and vocal intonation and hesitation to make judgments about potential jurors' feelings and attitudes. Advantages and disadvantages of each of the selection techniques are discussed, and the implications of using such methods for juror selection are considered. A total of 64 footnotes are listed.