NCJ Number
111609
Journal
Yale Law Journal Volume: 96 Issue: 3 Dated: (January 1987) Pages: 593-612
Date Published
1987
Length
20 pages
Annotation
Social science studies of the group dynamics of mock juries have shown that women's participation rates during deliberations are significantly lower than men's.
Abstract
Because the jury carries out its tasks through the exchange of ideas communicated verbally, active participation by all jurors is essential for fact-finding, applying law to the facts, and rendering an accurate verdict that represents the values of the community. The jury's ability to perform these tasks is fundamental to the fairness of the justice system. Women jurors need to speak more, and men jurors need to listen more. Only then will the jury be likely to have deliberations that elicit diverse points of view and perspectives. If the court system fails to educate jurors about the effects of gender dynamics on the deliberation process, then the representativeness and accuracy of the jury will continue to be compromised. The court has several means by which it can educate jurors: juror handbooks, introductory videotapes and questions during voir dire can be used. In addition, the court can encourage the foreperson and other jurors to urge those who are silent to speak and those who are dominating them to listen. 95 footnotes.