NCJ Number
57788
Date Published
1978
Length
253 pages
Annotation
THIS RESEARCH FOCUSES ON JURY OPERATING STRUCTURES AND THEIR RELATION TO VERDICT CORRECTNESS, JURY SIZE, THE IMPACT OF U.S. SUPREME COURT DECISIONS ON JUDICIAL POLICIES, PRETRIAL PUBLICITY, AND JURY DECISIONMAKING.
Abstract
JURY SIMULATION WAS USED TO ADDRESS STRUCTURAL AND FUNCTIONAL PROBLEMS IN JURY DECISIONMAKING AND TO ASSESS THE IMPACT OF U.S. SUPREME COURT DECISIONS IN A SAMPLE OF 110 JURIES. THE IMPACT OF COURT DECISIONS ALLOWING FOR SMALLER THAN 12-MEMBER JURIES AND LESS THAN UNANIMOUS VERDICTS WAS TESTED. THE MAGNITUDE OF CERTAIN JUDICIAL COSTS, SUCH AS COMMITTING JUDICIAL ERRORS, AMONG JURY OPERATING STRUCTURES WAS ALSO ESTIMATED. THE MAIN OBJECTIVE WAS TO EVALUATE HOW OPERATING STRUCTURES AFFECT VERDICT CORRECTNESS. TWO SURROGATE MEASURES FOR THE JUDICIOUSNESS OF A DECISION WERE IDENTIFIED, SUBSTANCE OF DELIBERATIONS AND PROCESS DESCRIBING HOW SUBSTANTIVE INFORMATION IS PRESENTED. SUBSTANCE OF DELIBERATIONS INVOLVES EVALUATION OF EVIDENCE, ACCURATE DESCRIPTION OF EVIDENCE BY JURORS, PROPENSITY TO CORRECT ERRORS MADE DURING DELIBERATIONS, OBEYING INSTRUCTIONS OF JUDGES, AND USE OF LEGALLY IRRELEVANT INFORMATION BY JURORS. THE DELIBERATION PROCESS REFERS TO THE MECHANICS OF DEALING WITH AVAILABLE INFORMATION. JURY SIZE AND DECISION RULES DID NOT APPEAR TO AFFECT JUROR ACCURACY OF EVIDENCE RECALL. GROUP THINKING SEEMED TO OCCUR WITH SIGNIFICANTLY GREATER FREQUENCY IN TWO-THIRDS RULE JURIES THAN IN UNANIMOUS RULE JURIES. BOTH 12-MEMBER JURIES AND UNANIMOUS RULE JURIES WERE HUNG CONSIDERABLY MORE OFTEN THAN THEIR COUNTERPARTS. THESE INTERRELATED EFFECTS WERE ENHANCED IN AN INTERACTIVE MODEL PORTRAYING THE DISTRIBUTION OF VERDICTS. VARIABLES IN THE MODEL CONCERNED HOW CHANGING A JURY OPERATING STRUCTURE AFFECTS THE DIRECTION OF A VERDICT, THE CORRECTNESS OF A VERDICT, AND THE QUALITY OF THE DELIBERATION PROCESS IN TERMS OF REACHING A VERDICT AND MAKING A CORRECT DECISION. JURORS WERE NOT AFFECTED BY EXPOSURE TO LOW-LEVEL PRETRIAL PUBLICITY. DATA WERE LEAST CONCLUSIVE WITH REGARD TO THE EFFECT OF CHANGING JURY OPERATING STRUCTURES ON THE JUDICIOUSNESS OF DECISIONS. UNTIL FURTHER RESEARCH IS CONDUCTED TO EVALUATE THE IMPACT OF PERVASIVE AND INTENSIVE PREJUDICIAL PRETRIAL PUBLICITY, IT IS CONTENDED THAT THE GAG RULE OPTION SHOULD BE MAINTAINED. IT IS ALSO BELIEVED THAT THE RESEARCH FINDINGS PROVIDE A BASIS FOR POLICY FORMULATION BY COURTS AND REFORMERS. SUPPORTING DATA AND A BIBLIOGRAPHY ARE INCLUDED. APPENDIXES CONTAIN FORMS USED IN THE RESEARCH EFFORT. (DEP)