NCJ Number
67158
Date Published
1980
Length
22 pages
Annotation
THE VALUE, AVAILABILITY, AND COST OF VARIOUS APPROACHES TO JURY SELECTION ARE EXAMINED, FOLLOWED BY AN EXTENSIVE DISCUSSION OF THE APPLIICABILITY OF BODY LANGUAGE ANALYSIS.
Abstract
THIS STUDY ARGUES FOR THE NECESSITY OF USING THE MOST SOPHISTICATED TECHNIQUES AND TOOLS OF THE BEHAVIORAL AND SOCIAL SCIENCES IN THE SELECTION OF A JURY, WHILE ADMITTING THAT UNCERTAINTY AS TO THE FINAL OUTCOME OF SUCH SELECTION CAN NEVER BE RULED OUT. THE USE OF DATA GATHERED FROM PUBLIC OPINION POLLS ON THE LIKELY BELIEFS OF CERTAIN TYPES OF JURORS, BASED ON SPECIFIC DEMOGRAPHIC INFORMATION, CAN BE RELIABLE IN SOME CASES BUT COSTLY. PERSONAL INVESTIGATIONS OF POTENTIAL JURORS CAN BE REVEALING, BUT MUST NEVER INCLUDE TALKS WITH EITHER THE JURORS THEMSELVES OR MEMBERS OF THEIR FAMILIES. SOME ATTORNEYS SUPPLY THE JUDGE WITH A CAREFULLY CONSTRUCTED QUESTIONNAIRE TO SEND TO JURORS. ALSO, JUROR STATEMENTS TO ATTORNEYS ARE MOST REVEALING IN SEQUESTERED VOIR DIRE. HOWEVER, DETERMINING MEANING FROM THE ENORMOUS NUMBER OF MESSAGES (VERBAL AND NONVERBAL) BEING SENT FROM A JUROR IS A TASK TOO DIFFICULT FOR ONE ATTORNEY. THE ADDITION OF AN OBSERVER SITTING AT COUNSEL TABLE (E.G., ANOTHER ATTORNEY, A SOCIAL SCIENTIST) CAN BE MOST HELPFUL. EVERY PERSON CONNECTED WITH THE CASE SHOULD EVALUATE EACH JUROR, ESPECIALLY THE CLIENT IN THE CASE. CLOSE ATTENTION TO THE JUROR'S FACIAL EXPRESSIONS, GESTURES, AND BODILY MOVEMENTS IS ESSANTIAL. KNOWLEDGE OF THE DYNAMICS OF SMALL GROUP BEHAVIOR WILL HELP EVALUATE THE JURY WHEN ALL JURORS ARE GROUPED TOGETHER FOR VOIR DIRE BEFORE THE EXERCISE OF PEREMPTORY CHALLENGES. JURORS SHOULD BE CLOSELY OBSERVED TO IDENTIFY LEADERSHIP POTENTIAL WITH REGARD TO THE CHOICE OF A JURY FOREPERSON. IN GENERAL, THESE SELECTION TOOLS WERE FOUND TO BE EFFECTIVE IN PREDICTING A VERDICT. A BIBLIOGRAPHY WITH 51 CITATIONS IS APPENDED. (LGR)