Behavioral Expertise in Jury Selection (From Law and Mental Health - International Perspectives, Volume 1, P 123-161, 1984, David N Weisstub, ed. - See NCJ-100647)

• NCJ Number: 100650
• Author(s): T L Hafemeister; B D Sales; D L Suggs
• Date Published: 1984
• Length: 39 pages
• Sale Source: Pergamon Press
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

This paper critically reviews the legal and behavioral science literature that has suggested scientific methods of jury selection used to accomplish the judicially sanctioned purposes of voir dire.

Abstract

A definition and description of the voir dire process is provided, as well as the uses and limitations of it as traditionally practiced. To remedy these limitations, standardized techniques which rely heavily on the expertise of behavioral scientists have been devised to help attorneys conduct voir dire more effectively. The article describes three major strategies: the demographic rating system, juror investigation, and in-court observations of prospective jurors. Areas addressed include the theoretical and empirical bases for these methods, their use during the voir dire, and practical considerations for application. Criticisms of these strategies are discussed, along with ethical, legal, and international implications. The literature review reveals that little, if any, empirical work has been performed to substantiate the reliability and validity of the so-called scientific techniques proposed by legal writers. 225 references. (Author abstract modified)