NCJ Number
42103
Date Published
1977
Length
149 pages
Annotation
AFTER PRESENTING A STATE-OF-THE-ART REVIEW OF RESEARCH ON THE EFFECTS OF JURY SIZE AND DECISION RULES, THE AUTHOR DESCRIBES THE RESULTS OF TWO SIMULATION EXPERIMENTS ON JURY STRUCTURE AND DECISIONMAKING.
Abstract
WHENEVER WE CONSIGN TO A GROUP THE ROLE OF DECISION MAKING, WE OBLIGATE OURSELVES TO MAKE CHOICES CONCERNING AT LEAST TWO STRUCTURAL FEATURES OF THAT GROUP: ITS SIZE AND THE SOCIAL DECISION RULE (SDR) THAT WILL DEFINE GROUP CONSENSUS. JURIES HAVE TRADITIONALLY OPERATED WITH A GROUP SIZE OF TWELVE AND A SDR OF UNANIMITY. BOTH THESE FEATURES HAVE RECENTLY BEEN CALLED INTO QUESTION, HOWEVER. IN THE SUPREME COURT'S MAJORITY AND DISSENTING OPINIONS IN THE CASES CONCERNING JURY SIZE AND SOCIAL DECISION RULES, A NUMBER OF EMPIRICAL QUESTIONS WERE DEBATED. THE AUTHOR REVIEWS THESE BEHAVIORAL ISSUES, AND POINTS OUT SOME ADDITIONAL ISSUES THAT THE JUSTICES DID NOT RAISE. HE THEN REVIEWS AND CRITIQUES A NUMBER OF EMPIRICAL RESEARCH STUDIES PROMPTED BY THE SUPREME COURT'S DECISIONS IN SUCH CASES AS WILLIAMS V. FLORIDA, JOHNSON V. LOUISIANA, AND APODACA V. OREGON. THE TWO STUDIES REPORTED IN DEPTH IN THIS TEXT WERE DESIGNED TO EXAMINE THE EFFECTS OF VARYING GROUP SIZE AND SOCIAL DECISION RULES ON GROUP PROCESSES AND DECISIONMAKING IN THE CONTEXT OF JURY DELIBERATIONS. THE TWO EXPERIMENTS ARE IDENTICAL TO EACH OTHER EXCEPT THAT THE FIRST USES UNDERGRADUATE STUDENTS AND A WRITTEN TRANSCRIPT, WHILE THE SECOND USES REAL JURORS AND A VIDEOTAPED TRIAL. THE RESULTS SHOWED THAT NO ONE JURY TYPE CAPTURES ALL ADVANTAGES AND DESIRABLE CHARACTERISTICS. SPECIFIC ADVANTAGES OF EACH TYPE OF JURY -- SIX- AND TWELVE-MAN, UNANIMOUS AND QUORUM VERDICT -- ARE NOTED, AND BASED ON THESE FINDINGS, THE AUTHOR SUGGESTS A NOVEL JURY STRUCTURE THAT COMBINES THE BEST FEATURES OF EACH JURY TYPE. (AUTHOR ABSTRACT MODIFIED)...DMC