Jury Research #1

In all criminal prosecutions, the acused shall enjoy the…

Right to a speedy and public trial, by an impartial jury.

Self reports communicate

How people wish to present themselves.

We lack insight

into our own mental processes. (Nisbett & Wilson, 1977).

Most decision making errors are never apparent to the

Decision maker

Researchers can tell which factors influenced decisions…

because we systematically vary those factors.

Sample characteristics

College student samples do not perform differently than community

members on most jury decision making tasks.

Trial materials lack realism (ecological validity).

Variations in stimuli (case summaries, transcripts, audiotaped trials,

videotaped trials) produce little to no difference in judgments.

- Bornstein 1999

Decisions lack consequences

Comparison of findings for mock juries to those of real cases often

confirm the findings from mock jury research.

Jury simulation research should attempt to address the external validity problem by…

1. Demonstrating the effect with less ecologically valid materials and participants.

2. Replicate the finding with more ecologically valid materials and participants.

3. Systematically vary factors that should influence external validity and examine the impact on results.

Attorneys are interested in this

one case – not in the long run of potentially hundreds of jurors and/or trials.

Jury research is good at telling us how jurors

generally respond – not how they will respond in one instance.

Organized –

nearly 500

trial consultants registered

with the American Society

of Trial Consultants (ASTC)

 Annual conference

Lucrative –

consultants charge anywhere between $1000 to $20,000 for basic

services—and higher for more extensive work.

Unregulated –

currently no licensing requirements.

The Field of trial consultation involves what

Organized, Lucrative, and unorganized.

What do consultants do?

1. Pretrial publicity and change of venue surveys.

2. Scientific jury selection

3. Test trial strategies

4. Prepare Witnesses

What is Scientific Jury Selection?

First used in “Harrisburg Seven” trial in early 1970s.

 Identified characteristics

(e.g., religion and attitudes

toward government) related

to verdict preferences.

What are the methods of scientific jury selection?

 community surveys

 focus groups

 mock trials

 profile ideal juror for voir dire

Difficulties with examining the validity of SJS includes what?

1. Standardization problem

2. Utilitarian argument

3. Consultation use covaries with attorney preparation

Standardization Problem

there is no uniform process for SJS—makes efficacy study difficult.

Utilitarian argument

increased use of SJS is evidence of its effectiveness.

Consultation use covaries with attorney preparation

Is it the consultation or the attorney that matters?

SJS relies on data and

actuarial decision making

attorneys are more likely to rely on

Clinical decision making

Trial Strategy Testing

 Trial strategies may be tested on focus groups, mock jurors,

or survey respondents.

 Consultants provide feedback concerning which trial

strategies were most effective and why.

This case theme approach…

assumes attorneys have flexibility in case presentation.

Use of shadow juries

mock jurors in court audience during trial—provide nightly feedback through focus groups.

Witness Preparation

 Coached to improve communication skills

 Witnesses taught to use “powerful” speech

 Reduce witness anxiety

 Research suggests quality witnesses can be better understood by jurors. Poor comprehension is common in jurors.

-jurors indicating they could remain impartial were nevertheless…

more likely to judge guilty if they were aware of the publicity.

Paralinguistic cues

how a message is delivered such as: tone, pauses, speed of delivery.

Kinesic cues

body language such as: facial expressions, eye contact, posture, hand movements.

Professional Issues

 Strier (1999) has argued that trial consultation is unethical

because it gives one side an advantage

 The field remains largely unregulated.

 No evidence science is advancing.

Trial consulting is largely

Outsourcing

Using attitudes and demographic characteristics to profile unwanted jurors has some advantage

In the long run

Methods are far less effective than

the public believes.