NCJ Number
44334
Journal
Trial Volume: 13 Issue: 12 Dated: (DECEMBER 1977) Pages: 28-31
Date Published
1977
Length
4 pages
Annotation
PSYCHOLOGICAL ASPECTS OF JURY SELECTION ARE EXAMINED IN A DISCUSSION DIRECTED TO TRIAL LAWYERS.
Abstract
ALTHOUGH THERE IS DEBATE CONCERNING THE IMPORTANCE OF CAREFUL JURY SELECTION, STUDIES CONDUCTED AT THE UNIVERSITY OF CHICAGO SUGGEST THAT THE COMPOSITION OF THE JURY PANEL -- THE BACKGROUNDS, BIASES, PREJUDICES, AND INCLINATIONS OF JURY MEMBERS -- CAN MAKE A SIGNIFICANT DIFFERENCE IN THE OUTCOME OF A CASE. TRIAL LAWYERS ARE ADVISED NOT TO ACCEPT JURORS TOWARD WHOM THEY REACT NEGATIVELY OR INDIFFERENTLY, THE PREMISE BEING THAT SUCH JURORS PROBABLY FEEL THE SAME WAY TOWARD THE LAWYER. LAWYERS SHOULD BE WARY OF FOUR BASIC TYPES: THE PRECISE, TECHNICAL TYPE; THE TOUGH, RUGGED TYPE; PEOPLE WHO, THROUGH THEIR JOBS, HAVE BECOME IMMUNE TO PAIN AND SUFFERING; AND THE DOMINEERING, EGOCENTRIC TYPE. THERE ARE CERTAIN BIASES AND PREJUDICES ON THE PART OF JURORS THAT MAKE IT IMPOSSIBLE TO OBTAIN A FAIR TRIAL IN A GIVEN SITUATION. TRIAL LAWYERS ARE ADVISED TO BE AWARE OF SUCH BIASES AND PREJUDICES AND TO QUESTION POTENTIAL JURORS ON THEM. LAWYERS SHOULD DETERMINE WHETHER POTENTIAL JURORS ACTUALLY BELIEVE IN THE REALITY OF PAIN AND SUFFERING AND WHETHER ANYTHING IN THEIR BACKGROUNDS (E.G., THE OCCUPATION OF THEIR ADULT CHILDREN) IS LIKELY TO INFLUENCE THEIR IMPARTIALITY.