The final article in this series will provide practical recommendations for effective voir dire strategy. Psychology and the courtroom cognitive dixon study. Psychological research has implications for jurydecision making. In addition, we have explored how jurors utilize testimonial evidence, including informantsnitch testimony and confession evidence, and the extent to which expert testimony can inform and improve juror decision making. Jury persuasion and psychology trial advocacy research guide.
Participants who heard the witness was 100% confident gave guilty verdicts to the robber 67% of the time. The participants of jury simulation research were asking to read the summary of the fact and four different scenarios. In each instance the model is described and compared with related models, its assumptions are scrutinized, its fit to normative data is evaluated, and possible revisions and extensions of the model are discussed. Psychological research has implications for jury decision making. How cognitive biases, heuristics, and culture influences policy and legal decision making in the areas of tort law, criminal law, and family law. Inside the juror presents the most interesting and sophisticated work to date on juror decision making from several traditionssocial psychology, behavioral decision theory, cognitive psychology, and behavioral modeling. Factors affecting jury decision making revision cards in.
Models of jury as opposed to juror decision making examine how individual preferences combine dur. Factors affecting jury decision making flashcards by nikita. Pdf jury trials play a centrally important role in the law, and they are also of interest to psychologists. Jurors make decisions just like other human beings do, but they do so in an environment that is different from everyday individual decisionmaking. The decision making processes of individual jurors is only one element of jury decision making, which takes place in the context of group deliberation. The psychology of jurors decisionmaking its your job to know how they think, what persuades and what puts them off 2018 january. Trial by jury has been a central component of the legal system in many countries for many years. Division 41 american psychologylaw society 2018 book award winner. The psychology of jurors decisionmaking plaintiff magazine.
For example, jurors should be reminded that they need to remain impartial as the research has shown that jurors are humans who are all subject to biases which could impact the neutrality of the verdict. Attractiveness thought that a more attractive defndant will be treated more leiniantly than an unatractive one, attractive people are seen as more friendly, intelligent and honest. Sommers department of psychology, tufts university, usa the relationship between race and jury decision making is a controversialtopic that has received increased attention in recent years. Jury decisionmaking has implications for psychological research. Jury trials play a centrally important role in the law, and they are also of interest to psychologists. In the remainder of this article, we discuss how to assess juror and jury decisions. It is also a rich domain for psychologists to mine. Invited article race and the decision making of juries.
In this chapter, the authors explore the empirical psychology of jury decision making to address the issues necessary to answer the question. Story model for juror decision making to better explain how jurors make decisions in trial, psychologists have proposed a variety of decision making models. Criminal factors affecting jury decision making flashcards. Research into jury decision making has shed light on many phenomena in criminal and civil legal systems, but many questions remain. Division 41 american psychology law society 2018 book award winner. In addition, we have explored how jurors utilize testimonial evidence, including informantsnitch testimony and confession evidence, and the extent to which expert testimony can inform and improve juror decisionmaking. Thus, the findings of research on group decision making as a function of group size and social decision rule are of central relevance to the courts constitutional analysis. Group decision making principles of social psychology 1st. The jury decisionmaking process has been one of the most frequently studied research topics in the field of psychology and law. The study of jury decision making can contribute to a better understanding of a number of social and cognitive psychological processes. The jury decision making process has been one of the most frequently studied research topics in the field of psychology and law.
Invited article race and the decision making of juries samuel r. About jury persuasion and psychology this page collects texts and treatises that adress the psychological aspects of trial practice, jury psychology, how juries make decisions and persuasion through effective oratory. The supreme court has framed its analysis of jury size and decision rule questions in terms of the effects of those variables on jury behavior. Find all the books, read about the author, and more.
Critics have leveled extensive allegations that juries are unpredictable, unrepresentative of the population of the united states, biased, and irresponsible. As jurisdictions across the country contemplate and enact jury reforms, they should consider the propriety of this procedure. Conversely, psychological research can inform trial procedures, enabling juries to benefit from fairer procedures and reach better outcomes. Mccrea department of psychology, university of wyoming scott e. Jurors in a mock trial were given evidence by a female eye witness of a robbery via videotape recording. Race, ethnicity, and culture in jury decision making. Effects of attractiveness on jury decision making the purpose of this study was to investigate the influence of personal characteristics of the defendant and the victim on jury decision making. I explained that it was a scientific study of scientific studies conducted on how juries work. Keywords juries, decision making, public policy the jury is a unique institution. The jury s trials problems, pitfalls, and possibilities in jury decision making brian bornstein, ph. Application strategies to influence jury decision making. For example, jurors should be reminded that they need to remain impartial as the research has shown that jurors are humans who are all subject to biases which could impact the. Jury decision law and legal definition uslegal, inc. Participants who heard the witness was 80% confident gave guilty verdicts to the robber 60% of the time.
The jury is a curious institutiona hallmark of anglo american legal procedure, yet one that is used sparingly. The decisionmaking processes of individual jurors is only one element of jury decision making, which takes place in the context of group deliberation. The manner in which individual jurors perceive, interpret, and remember evidence, as well as the group processes involved in jury deliberation, can be described in terms of fundamental cognitive and social psychological concepts. In total, 206 distinguishable studies involving deliberating juries actual or mock were located and grouped into 4 categories on the basis of their focal variables. Psychologists, for their part, should continue to study the effects of social and time pressure on both the process and outcome of group decision making tasks such as jury deliberation. While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. It is quite useful to know the stages of a court case, so that you can better understand how, it is influenced, and how changes can be implemented. Jury decision making has implications for psychological research. Overall, this excellent book has renewed my confidence in the future of jury research and is highly recommended for advanced students, legal practitioners, and new and current jury researchers.
Are researchers focusing on the mouse and not the elephant in the room. Reid hastie the university of chicago booth school of business. Many of these findings are relevant to the efforts to improve the institution of the petit jury trial. The jurys trials problems, pitfalls, and possibilities in jury decision making brian bornstein, ph. Thus, jury decision making has implications for psychological theory, and psychological research has implications for legal policy. Metaanalysis of effects of mock jurors emotions on judgments of responsibility and blame.
Research has shown that certain aspects of the defendant such as attractiveness, gender, and race influence jury verdicts. Jury decision making is defined as a neutral process, the impartial application of law to a set of objectively discovered facts. The study of jury decisionmaking encompasses a number of social and cognitive psychological processes. Reid hastie the university of chicago booth school of. Dec 01, 2015 jury decisionmaking in excuse defense cases. Jury decision making psychology and law iresearchnet. Psychologists, for their part, should continue to study the effects of social and time pressure on both the process and outcome of group decisionmaking tasks such as jury deliberation. In jury decision making, the author examines more than 50 years of research on juries and offers a big picture overview of the field. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The jury setting in the criminal justice system offers a unique social setting that provides the opportunity for social influence within networks.
Jul 01, 2012 while jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. The authors concluding remarks begin with them describing the jury as a curious institution a hallmark of angloamerican legal procedure, yet one that is used sparingly. We have explored how jurors process evidence such as confession evidence or expert testimony, testing how jurors perceive the evidence and. He is best known for his research on legal decision making and he is currently studying the role of causal reasoning in judgments of all kinds and the wisdom of crowds in collective decisions. Jury persuasion and psychology trial advocacy research. Jury decision making research iresearchnet psychology. The jury has been one of the most mysterious forces in united states law. One important factor that helps groups to outperform individuals on decision making tasks is the type of interdependence they have. Professor of psychology and courtesy professor of law. Group decision making principles of social psychology. Describe pretrial publicity and how it may affect jurys decision making. Leading jury and decisionmaking researchers recently discussed how. In this chapter, we attempt to address some of the cognitive aspects of juror decisionmaking. Leading jury and decisionmaking researchers recently discussed how psychological science can examine individual and.
It requires ordinary citizens who lack legal training to hear evidence, make sense of con. The jury method of deciding guilt involves group deliberation with an obligation of group unanimity, or adherence to some other formal decision rule, before a decision can be made foss, 1976. The state of the science psychology and crime book 8 kindle edition. Emotion in the behavior and decision making of jurors and.
Sommers department of psychology, tufts university, usa the relationship between race and jury. Practical implications of psychological research on juror and. The effect of victim impact evidence on capital decision making. I was recently fortunate enough to participate in a conference at john jay college of criminal justice on the future of jury research, organized by professor. One important factor that helps groups to outperform individuals on decisionmaking tasks is the type of interdependence they have. In jury decision making, the author examines more than 50 years of research on juries and offers a big picture overview of. Social influence in jury decision making magnus research.
Journal of applied social psychology, 32, 23932412. Twelve adults serve on the jury for a criminal case. When jury decisions diverge from what we expect, the difficulty of the decisionmaking context may be as much to blame as any moral or intellectual failings on the part of individual jurors. Jury decision making the jury has been one of the most mysterious forces in united states law. Our most recent line of research examines police decision making in the context of identifying threats or concealment of weapons. Practical implications of psychological research on juror. The first section addresses research on jury bias, which shows that jurors often make harsher judgments of defendants from other racial and ethnic groups and are more likely to give death sentences in cases involving black or latino. The manner in which individual jurors perceive, interpret, and. Factors influencing jury decisionmaking my a levels. Models of jury as opposed to juror decisionmaking examine how individual preferences combine dur.
Effects of confessions, dna, and prosecutorial theories on perceptions of guilt. Story model for juror decision making forensic psychology. Psychology and the courtroom cognitive dixon study miss. A while back i gave you a suggestion that you consider buying a book titled jury decision making. When jury decisions diverge from what we expect, the difficulty of the decision making context may be as much to blame as any moral or intellectual failings on the part of individual jurors. Jury size and decision psychology definition iresearchnet. Juror and jury decision making in this line of research, we have focused on evaluating how jurors make decisions in various contexts, with the goal of helping jurors make the best possible decisions. Devine examines over 50 years of research on juries and offers a big picture overview of the field. Leading jury and decision making researchers recently discussed how psychological science can examine individual and group decision making as well as a number of other topics. Race, ethnicity, and culture in jury decision making annual. Some research has examined the decision making process at the jury level, but the majority of research has examined juror decision making processes at the individual level. How jurors come to a verdict in a trial is a fascinating topic with many unexpected aspects. They must follow strict rules to ensure that the case is handled fairly. It is assumed that jurors are able to provide their undivided attention for the duration of the trial, to disregard any information not formally admitted into evidence, and to carefully evaluate all information in order to reach an unbiased verdict decision devine, clayton, dunford, seying and.
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