NCJ Number
189053
Journal
Forensic Examiner Volume: 10 Issue: 3/4 Dated: March/April 2001 Pages: 27-30
Date Published
2001
Length
4 pages
Annotation
This first part of a two-part article reviews what professional jury consultants are currently doing in their work of jury selection and identifies why they are not as effective as they could be.
Abstract
There is a dichotomy between traditional, sound psychological principles and the techniques currently used in jury selection. Many jury selection experts are not using established psychological principles; for example, the process of voir dire must guard against contamination errors. Yet, few jury selection experts discuss this area with their clients. The first section of this article reviews implicit theories (tacit knowledge) and the integration of the cognitive and psychodynamic thought processes. This section notes that during the last decade, researchers have formulated a new view of the cognitive processing of information. This new view of the unconscious is that it is an adaptive system that automatically, intuitively, and effortlessly organizes experiences and directs behavior. It postulates that most human processing of information occurs outside of one's awareness. The author then discusses the theory that people comprehend reality in two fundamentally different ways. The first is intuitive, natural, automatic, nonverbal, narrative, and experimental; and the other is analytical, verbal, rational, and deliberate. The author advises that the majority of jury selection experts are not using jurors' two basic modes of processing information; they primarily use verbal and analytical approaches in their selection techniques. Other topics discussed in this section include thinking and emotions, the appeal of pictures, superstitious thinking, and information-processing theories. The article then provides background information on court decisions pertinent to jury selection, followed by a listing of good causes for challenge to any person called as a juror under Section 2313.42 of the Ohio Revised Code. Procedures for conducting voir dire (questioning of prospective jurors) in the United States are then reviewed. The article concludes with a discussion of public views about jury decision making in civil compared to criminal cases. Part 2 of this article will present a sample jury selection questionnaire. 34 references