NCJ Number
49841
Journal
Journal of Applied Psychology Volume: 3 Issue: 1 Dated: (JANUARY 1973) Pages: 19-29
Date Published
1973
Length
11 pages
Annotation
BASIC SOCIAL/PSYCHOLOGICAL DATA WERE APPLIED TO THE PROBLEM OF JURY SELECTION PROCEDURES IN A MURDER TRIAL INVOLVING A BLACK PANTHER, WITH PROFESSIONAL TESTIMONY ADDRESSED TO POTENTIAL JUROR BIAS.
Abstract
TESTIMONY PRESENTED TO THE COURT CONCERNED VARIOUS SOURCES OF POSSIBLE BIAS AGAINST THE DEFENDANT ARISING FROM THE FACT THAT THE DEFENDANT WAS BLACK, POOR, A BLACK PANTHER, AND ON TRIAL FOR MURDER. IT WAS BASED ON DATA FROM AN AREA PROBABILITY SAMPLE OF ATTITUDES AND VALUES OF THE ADULT U.S. POPULATION OBTAINED BY THE NATIONAL OPINION RESEARCH CENTER IN 1968 AND 1971, A STUDY SPECIFICALLY DESIGNED TO TEST THE RELATIONSHIP BETWEEN ATTITUDES TOWARD THE DEATH PENALTY AND CONVICTION PRONENESS, AND A NUMBER OF OTHER STUDIES CONCERNING ATTITUDES TOWARD CAPITAL PUNISHMENT AS A POSSIBLE SOURCE OF JURY BIAS. IN CROSS-EXAMINATION, PROSECUTING ATTORNEYS ASKED MANY QUESTIONS ABOUT SAMPLING PROCEDURES THAT HAD BEEN EMPLOYED IN THE VARIOUS STUDIES AND THE EXTENT TO WHICH FINDINGS AND CONCLUSIONS COULD BE SCIENTIFICALLY GENERALIZED OR VALIDLY APPLIED TO INHABITANTS OF LUCAS COUNTY, OHIO, WHERE THE MURDER TRIAL WAS TO BE CONDUCTED. THE DEFENSE COUNSEL'S OBJECTIVE IN CALLING FOR THE TESTIMONY WAS TO MAXIMIZE THE CHANCES OF SELECTING AN IMPARTIAL JURY AND TO HELP LAY THE BASIS FOR AN APPEAL IN THE EVENT THE DEFENDANT WAS FOUND GUILTY. ALTHOUGH THE TESTIMONY MAY HAVE HAD AN IMPACT ON THE COURT, THERE WAS NO PROOF THAT THE COURT'S ACTION WAS A DIRECT RESULT OF TESTIMONY ALONE WITH REGARD TO THE JURY SELECTION PROCEDURE. AN AFFIRMATIVE ANSWER WAS FOUND TO THE DEFENSE ATTORNEY'S QUESTION OF WHETHER PSYCHOLOGISTS KNOW ANYTHING ABOUT FACTORS THAT POTENTIALLY AFFECT JUROR BIAS. IT IS CONCLUDED THAT SUBSTANTIAL BODIES OF SOCIAL SCIENCE FINDINGS CAN, IN SOME CASES, BE TRANSLATED INTO APPLICATIONS WITHIN THE CONTEXT OF THE LEGAL SYSTEM. REFERENCES ARE INCLUDED. (DEP)