NCJ Number
191928
Journal
Prosecutor Volume: 35 Issue: 6 Dated: November/December 2001 Pages: 29-32
Date Published
2001
Length
4 pages
Annotation
This article identifies psychological strategies to aid the prosecution’s voir dire.
Abstract
The psychological literature on jury selection seeks to identify strategies that are more applicable to the defense in a trial and does little to address concerns faced by prosecutors in voir dire. This article assists prosecutors by analyzing the psychological literature to aid them in voir dire. Prosecutors often rely on demographic variables (such as race, age, or ethnicity) and anecdotal experiences when formulating a plan for the voir dire while the psychologist looks at the existing literature and the science of the issue before offering a hypothesis. There are some generalities and personality characteristics that seem to generally favor the prosecution. Perhaps the most studied is the authoritarian personality type. Prospective jurors that tend to have strict interpretations of right and wrong and strong belief in social or professional hierarchy, are more likely to return with a conviction than those who hold more mutable and egalitarian values. This is a relatively well-known trait in favor of the prosecution. Prosecutors should carefully probe for this trait. For example, the prosecutor could probe for authoritarian attitudes by observing non-verbal behavior (such as stiff posture) or style of speech. Previous trial experience seems to favor the prosecution in that jurors who have served in previous criminal trials have been found to be more disposed to the prosecution. In addition, a tendency to become easily bored has also been found to indicate a more prosecution-oriented juror. It is critical that prosecutors understand the effect that key evidence may have on jurors. For example, will DNA evidence play a significant role; is the case based on eyewitness testimony; or will findings from ballistics form a cornerstone of the prosecution’s case? Prosecutors also need to consider the attitude of the prospective jurors towards those presenting the evidence. Research has found that juror attitudes towards psychology and psychiatry are strong predictors of the eventual verdict. In addition, the prosecutor needs to know how the strength of the evidence will affect the jury. Often, the prosecution presents its evidence in the most shocking manner. However, the heinousness of the crime may not play a large role in a verdict for capital punishment. Instead, research has shown that the most likely predictor of a jury’s death penalty conviction is the strength of the prosecutor’s evidence. Therefore, it may be counterproductive to retain emotional jurors in the venire. Resources available to the prosecution that will help then keep abreast of the current scientific finding include: local universities, the Internet, and consultants. 17 endnotes