NCJ Number
52256
Date Published
1978
Length
58 pages
Annotation
PROBLEMS INHERENT IN UNDERSTANDING THE ROLE AND IMPORTANCE OF THE VOIR DIRE EXAMINATION ARE ANALYZED IN REGARD TO THE FUNCTIONS AND EFFECTIVENESS OF THE ADVERSARY SYSTEM.
Abstract
CATEGORIES OF RESEARCH PROBLEMS NOTED INCLUDE PROBLEMS OF INTERESTS (THE TRIAL ADVOCATE'S UNDERSTANDABLE INTERESTS IN SUCCESS), PROBLEMS OF CRITERIA (ESTABLISHING CRITERIA OF GOOD JURY FUNCTIONING THAT DO NOT DEPEND ON THE JURY'S FINAL FINDING OF FACT), PROBLEMS OF PARAMETERS (KNOWING HOW TO SPECIFY THE IMPORTANT INDEPENDENT OR INPUT VARIABLES THAT INFLUENCE THE EFFECTIVENESS OF VOIR DIRE AND CHALLENGE PRACTICES), AND PROBLEMS OF METHODOLOGY (THESE PROBLEMS STEMMING FROM THE INABILITY TO DIRECTLY INVESTIGATE THE DYNAMICS OF THE JURY PROCESS). SOME NEW THEORIES AND INFORMATION ARE EXAMINED INCLUDING A MATHEMATICAL MODEL OF JURY SELECTION. THIS MODEL PLOTS THE CHANGES IN THE AVERAGE BIAS OF A 12-MEMBER JURY AS A FUNCTION OF THE SELECTION STRATEGIES OF DEFENSE AND PROSECUTION ATTORNEYS. USING THIS MODEL MAKES IT EASIER TO UNDERSTAND THE RELATIVE SUPERIORITY OF THE STRUCK JURY METHOD TO OTHER, SEQUENTIAL, METHODS OF JURY SELECTION. IT IS CONCLUDED THAT THE MAJOR PROBLEM BEFORE POLICYMAKERS IN THE COURTS IS DEFINING APPROPRIATE GOALS FOR JURY SELECTION. IN PARTICULAR, THE DISTINCTION BETWEEN A REPRESENTATIVE JURY AND AN UNBIASED JURY IS NOT CLEARLY UNDERSTOOD. THIS REPORT PLACES IN A LARGER CONTEXT THE INFORMATION AND OPINIONS CONTAINED IN AN EARLIER REPORT PRODUCED BY THE FEDERAL JUDICIAL CENTER. TABULAR DATA AND REFERENCE NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--) (FCW)