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what is an early practice for jury Duty and how was it used?
Dikastai; used a voting disk (closed= innocent open = guilty) usually for big cases over 100 citizens would vote
t/f in canada civil cases are tried by judges
true: most civil cases are tried by judges but some times with a jury ( majority rules = the verdict)
t/f in canada you do not have the right torquiest a jury for a crime 5+ years
false; in Canada criminal cases ave the right ti request a jury for a crime
what is a petit jury? (USA)
the average jury (10-12 people) used fro civil and criminal cases, often open to the public (except the deliberation process)
what is a grand jury? (USA)
reserved for very serious cases (16-23 jurors) everything is private including the deliberation
what s the average jury size in Canada for a criminal trial?
12 people (minimum 10)
What is the verge jury size in canada for civil trial?
6 people
what is Jury selection ?
the process of forming jury; summing potential jurors and the process behind the scenes
what are the stages of jury selection called?
out-of-court pre-trail process ( happen before court)
in-court process ( happens same day)
what are requirements for out of court pre-trial process?
randomly selected for enrolment as jury member
must be a Canadian citizen 18+
resident of the jurisdiction where the crime was committed
no unpardoned indictable offences
where does a jury list come form?
voting registration
in Ontario whines excluded from participating as a jury member?
police officers, first responders, lawyers(people involved in the law) employee of Attorney general
define summons
legal notice to appear at the courthouse at a particular date/time
what percentage of people fail to show for their summons?
11-21% in onatrio, 20% in the US
what does the in-court process consist of?
prospective jurors are questioned, and a jury is selected
what is Voir Dire and what doe it do?
helps with removing biases, it is a key part of jury selection when bias is a potential issue
what does the Voir Dire process consist of ?
selection
questioning
mini openinga
questioning
removal
what are the types of bias and partiality?
interest prejudice
generic prejudice
specific prejudice
normative prejudice
what is interest prejudic?
a direct interest/ stake in the case, the outcome, the defendant/victims =, may have bias towards one side
what is general prejudice ?
general attitude, stereotypical attitude towards defendant, victims , judges or crime
what is specific Prejudice?
attitude about a case that may render the juror incapable to make a decision about the case (ex: may have personal knowledge about the case, such as they helped look for the missing kid)
what is normative prejudice?
strong community interest “I am a part of this community”
what are remedies for impartiality?
adjournment, change of venue and challenge for cause
what is adjournment?
delay of trial due to publicity issues, to much information released
what is cage of venue
when the trail is moved to a new location ( Paul Bernardo was moved from st.catherins to Toronto )
what is challenge for cause?
move for a removal of juror
what are challenges for peremptory challenge?
objection provided against a juror within a trial
this may be made without providing a specific reason
what are challenges for challenge for cause?
- Objection provided against a juror
within a trial
- Specific reason needs to be provided
what challenge was removed from Canadian courts
the “gut feeling” challenge
what is the Boston challenge?
Prohibit the exercise of peremptory strikes based on race
what are jury instructions?
provide the jury with information regrading their role, happens at the end of the trail
what percentage of trails have problems with the delivery of jury instructions?
68% of case have problems with instructions
what are the issues with jury instructions?
excessive in length and complexity (speak normal English)
what is the purpose of jury instructions?
to inform jurors of their duties
to clarify the criminal cares
to clarify legal rules surrounding deliberations
what are the types of jury instructions?
preliminary instructions
mid trial instructions
final instructions
what are issues with formalization in relation to jury instructions?
feasibility, flexibility and regulations
What are juror biases?
Biases can influence your jurors verdict
Biased and unfair decisio- making by juror can result in injustice
What are sources of bias?
Pre trial bias, cognitive bias, bias from external legal actors
what is the general process for jury deliberation?
deliberation and sequestering
jury questions
verdict
release the jury
what are the 2 styles of deliberation?
evidence driven
verdict driven
what is Evidence Driven deliberation?
carefully review the evidence presented, emphasis on examination of facts, conclusions/arguments based on evidence strength
what is Verdict Driven verdict?
emphasis on reaching a verdict, immediate initial “straw poll vote”
What is group polarization?
Initial average response is amplified during deliberation ( making a final decision, more extreme than what was expected
What are theories of polarization?
Social comparison
Normative influence
Conformation bias
Social identity theory
De-individuation
What is social comparison?
The tendency to compare ourselves to others
What are types of social comparison?
Upward social comparison (comparing/adapting knowledge)
Downward social comparison ( comparing people you know as less than you)
Lateral social comparison (neutral)
What is normative influence (group polarization)
Conforming to what is considered the norm And A desire to ‘fit in’
What is confirmation Bias (group polarization)
Accepting arguments that confirm pre-existing beliefs
Disregarding information that does not confirm these beliefs
What is social identity Theory (group polarization)
Accepting arguments that confirm pre-existing beliefs
Disregarding information that does not confirm these beliefs
What is deindividuation? (Group polarization)
Reduction in accountability can result in more extreme views/behaviours
Loss of self-awareness, identity, following and building off of the group
T/f trial by jury is common
False; trials by jury have actually been decreasing and are a small fraction in canand, they are not as common as people think
What are methods of conducting jury decision making research?
mock juries
Field studies and experiments
Post trial deliberations or survey
Archival records
What are mock juries?
Experiments involving simulated trials
High level of experimental control
Direct access
Potential relevancy issues
What are field studies ?
Focus on real juries
More realistic
Require cooperation from courts
Sample size issues
What are post-trial deliberation ad surveys?
Surveys of ex-jurors
Data on real deliberations
Issues of cognitive biases
What are archival analyses?
Information from past juries
Decent sample sizes
Limited in what can be examined
What do researches often focus on?
Assessing the impact of specific factors
What are focal variables
The thing that predicts an out come.
What are types of focal Variables?
procedural characteristics
Participant characteristics
Case characteristics
Deliberation characteristics
What does participant characteristics consist of?
Demographics
Personality traits
Experience
Courtroom behaviours
What do case characteristics consist of?
Case type (civil vs Criminal)
Charge type ( how severe the charges are / punishment and the impact it might have on jury deliberation)
Evidence strength (questioning how strong/weak the evidence is)
What does deliberation characteristic consist of?
Juror preferences
Polling
Participation of jurors (are multiple people involved in the discussion?)
Discussion content (evidence vs opinion verdict )
What are the initial findings when it comes to decision making? ( 4 emergent themes)
Decision-making models
Outcome predictors
The ‘liberation’ hypothesis
Influence of deliberation processes
What is pre trail bias?
Pre-existing biases prior to trial, can stem from pre-evidence presentation (ex: publicity)
What is bias from external legal actors?
Expert testimony can influence juror perception of evidence strength and expert witnesses may not be impartial decision-makers themselves
What is cognitive bias
Heuristics and associated biases can lead to errors in judgment (ex: pre-decision all distortion)
What is implicit bias?
is a negative attitude, of which one is not consciously aware, against a specific social group
What are types of implicit biases?
Race bias, anti LGBQ bias, age bias, culture bias, SES bias , beauty bias
What is a hate crime?
Biases can influence juror perception of victim blame
What is intimate partner violence bias?
Biases can shape how jurors perceive evidence and testimony
What are sexual offence biases?
Stereotypes facilitate the criminalization of LGBQ people for various sexual offenders
What is voir Dire?
Opportunity to identify existing juror biases
What are challenges surrounding Voir Dire?
relevancy of LGBTQ topics
Validity of considering orientation/identity
Best practice regarding anti-LGBTQ biases
What are some of teh bets practices regarding anti- LGBTQ biases?
Identify different types of biased jurors and consider different questioning methods
What are types of implicit bias interventions?
Jury orientation
Jury selection
Jury instructions
Expert testimony
What does jury orientation intervention consist of?
Using video orientation to target biases, can induce an invitation to take an IAT and can focus on the bias most related to the trial
What does jury selection intervention consist of?
Voir Dire = opportunity to identify biases, attorney may struggle with identifying implicit biases, building salience, IAT
What does jury instruction intervention consist of ?
Conventional instructions do little to combat bias , could include more information about implicit bias, ex: PowerPoint or video on the topic
What are types of expert testimony interventions consist of ?
Help jurors understand the impact of implicit bias, better understanding of implicit bias in the case, better understanding of their own implicit biases
What are obstacles to intervention?
Resources ( money, technology, staffing and time)
Hesitation ( possibility of making the issue worse)
Lack of understanding ( even criminal justice professional are not fully informed )
what are the roles of police in courtroom?
to act as a witness and discuss evidence.
why might a police be a defendant in a courtroom?
police misconduct, abuse of authority, brutality
t/f POC face higher discrimination in and outside of a court room
true: POC have more negative interactions with police leading to them being less credible
what are anti police biases that white jurors have?
quick to believe everything, they look highly at police, felt thy do not have to worry
what are anti police biases that black jurors have?
showed reasonable doubt, tend to struggle to believe everything that police officers are sayings what they are saying truthful, biases are built of off truthful experiences
