JURY WITHOUT PEERS (FROM TREATING THE OFFENDER PROBLEMS AND ISSUES, 1977, BY MARC RIEDEL AND PEDRO A VALES - SEE NCJ-46790)

• NCJ Number: 46799
• Author(s): R BUCKOUT; G AYRES; M DONOVAN; L EBERLE; L T LAWRENCE; N LEONTIEFF; K WATERS
• Date Published: 1977
• Length: 16 pages
• Corporate Author: Praeger Publishers; American Soc of Criminology
• Sale Source: Ctr for Responsive Psychology
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE USE OF A PARALLEL JURY OF TRAINED PARTICIPANT OBSERVERS TO STUDY THE JURY PROCESS IS DESCRIBED.

Abstract

THE PARTICIPANT OBSERVERS SAT IN ON A TRIAL OF A MAN CHARGED WITH ASSAULT WITH A DEADLY WEAPON. THE OBSERVERS VIEWED THE ENTIRE CASE FROM JURY SELECTION TO VERDICT AND, THROUGH THE COOPERATION OF THE JUDGE, CONFERRED WITH THE ACTUAL JURY AFTER THE TRIAL ENDED. ONE KEY OBSERVATION BY THE PARALLEL JURY WAS THAT, DESPITE EFFORTS TO CONCEAL THE PRIOR CONVICTIONS ON THE DEFENDANT'S RECORD (INCLUDING ARMED ASSAULT AND CHILD MOLESTING), THE JURORS HAD CONCLUDED THAT THE DEFENDANT DID HAVE A RECORD. ONE THE BASIS OF THE OBSERVATIONS, A NUMBER OF PROBLEMS WITH THE JURY SYSTEM USED BY THE CRIMINAL DIVISION OF THE CALIFORNIA SUPERIOR COURT ARE POINTED OUT. DESPITE THESE PROBLEMS, JURY REFORM IS NOT SEEN AS A MEANS OF SAVING MONEY AND TIME IN THE COURTS. IT IS SUGGESTED THAT FUNDAMENTAL CHANGES IN THE PROCESS OF COMMUNICATION IN THE COURTROOM ARE NEEDED. COURT OFFICERS NEVER KNOW WHAT JURORS REALLY THINK OR SAY; JURORS NEVER HEAR THE REAL FEELINGS, MOTIVATIONS, OR HIDDEN FACTS KNOWN ONLY TO THE COURT OFFICERS; AND THE DEFENDANT KNOWS THE LEAST OF ALL. FINDING THE TRUTH IN CASES THAT COME TO TRIAL IS DIFFICULT, SINCE THE LESS AMBIGUOUS CASES HAVE BEEN NEGOTIATED OUT OF COURT. IT MAY BE NECESSARY FOR COURT OFFICERS TO SHARE UNCERTAINTIES AND CONFLICTING INFORMATION WITH JURORS, THUS OPENING UP COMMUNICATION IN AN ATMOSPHERE OF TRUST. A LIST OF REFERENCES IS INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)