WHEN PSYCHOLOGISTS AID IN THE VOIR DIRE - LEGAL AND ETHICAL CONSIDERATIONS (FROM SOCIAL PSYCHOLOGY AND DISCRETIONARY LAW, 1979, BY LAWRENCE EDWIN ABT AND IRVING R STUART - SEE NCJ-60144)

• NCJ Number: 60153
• Author(s): J D HERBSLEB; B D SALES; J J BERMAN
• Date Published: 1979
• Length: 21 pages
• Grant Number(s): MH 13814-03-04
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Corporate Author: Van Nostrand Reinhold
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

LEGAL AND ETHICAL CONSIDERATIONS RAISED BY THE USE OF SOCIAL SCIENCE TECHNIQUES TO AID IN THE VOIR DIRE ARE DISCUSSED.

Abstract

PEREMPTORY CHALLENGES IN JURY SELECTION PERMIT THE REJECTION OF A PROSPECTIVE JUROR WITHOUT A STATED REASON, WITHOUT INQUIRY, AND WITHOUT BEING SUBJECT TO THE COURT'S CONTROL. A LIMITED NUMBER OF PEREMPTORY CHALLENGES ARE ALLOWED IN A GIVEN VOIR DIRE. ONE AIM OF SOCIAL SCIENCE TECHNOLOGY IS TO INCREASE THE EFFECTIVENESS WITH WHICH PEREMPTORY CHALLENGES ARE EXERCISED. SOCIAL SCIENCE TECHNIQUES BEARING ON JURY SELECTION CONSIST OF THOSE CONDUCTED OUTSIDE THE COURTROOM SUCH AS A SURVEY INTENDED TO PROVIDE DEMOGRAPHIC INFORMATION EXPOSING JUROR PREDISPOSITIONS AND AN INVESTIGATION OF PROSPECTIVE JURORS' PREDISPOSITIONS THROUGH INTERVIEWS OF ACQUAINTANCES, AND THOSE CONDUCTED INSIDE THE COURTROOM, SUCH AS SOCIAL SCIENTISTS' RATINGS OF EACH PROSPECTIVE JUROR ON SOME DIMENSION BELIEVED RELATED TO A VERDICT IN A PARTICULAR CASE. THE USE OF SUCH TECHNIQUES POSES LEGAL AND ETHICAL QUESTIONS. THERE IS NO GENERALLY ACCEPTED EVIDENCE THAT THE USE OF SOCIAL SCIENCE TECHNIQUES IN VOIR DIRE IS EFFECTIVE IN SELECTING A JURY FAVORABLE TOWARD THE TRIAL AIMS OF THE LAWYER USING SUCH TECHNIQUES. LEGAL QUESTIONS ABOUT THE IMPARTIALITY OF THE JURY SELECTED BY SUCH TECHNIQUES COULD BE RAISED. UNDER PRESENT LAW, INFORMATION GAINED ABOUT PROSPECTIVE JURORS IS PERMISSIBLE IN THE INTEREST OF ELIMINATING THOSE WHO ARE BIASED, AND SUCH INFORMATION IS NOT SUBJECT TO DISCOVERY (IS NOT REQUIRED TO BE MADE AVAILABLE TO THE OPPOSING ATTORNEY). THE INTENT OF ELIMINATING BIAS THROUGH THE USE OF SOCIAL SCIENCE TECHNIQUES IN VOIR DIRE WOULD BEST BE SERVED BY REQUIRING THAT THE INFORMATION OBTAINED BY MADE AVAILABLE TO BOTH ATTORNEYS. SOCIAL SCIENTISTS ENGAGED IN SUCH WORK SHOULD CONSIDER THE ETHICS OF CLAIMS MADE AS TO THE RELIABILITY AND VALIDITY OF THEIR DATA ANALYSIS, MAKING KNOWN TO PROSPECTIVE JURORS THE PURPOSE OF THEIR INVESTIGATIONS, AND ASSURING THAT THE INFORMATION OBTAINED REMAINS CONFIDENTIAL WITHIN THE LIMITS OF PROPER VOIR DIRE USE. REFERENCES ARE PROVIDED. (RCB)