NCJ Number
90582
Editor(s)
B Bonora,
E Krauss
Date Published
1983
Length
647 pages
Annotation
The papers in this manual explain tools from the law and the social sciences that will help lawyers address structural problems in the jury system and conduct more effective voir dire and jury selection.
Abstract
Following a definition of jury work, the volume presents a framework for evaluating the effectiveness of various voir dire conditions in revealing bias among prospective jurors. Factors influencing juror candor are examined, as are questioning tactics, the judge's role, and formal motions. The next chapter discusses resources from the social sciences, such as national surveys, that lawyers can use as evidence to support motions addressed to voir dire conditions. Subsequent papers focus on special issues relating to voir dire conditions -- death penalty cases with attention to the recent California supreme court decision in Hovey v. Superior Court and restrictions to the discriminatory use of peremptory challenges. The manual then moves to jury composition challenges, providing an overview of the current law and legal theories on which it is based and a step-by-step guide to investigating jury selection systems. The section on change of venue includes suggestions for identifying possible sources of prejudice, evaluating the pluses and minuses of a change of venue, and formulating legal arguments. Methods for gathering and presenting evidence to demonstrate the extent of probable prejudice in a community are detailed. The last chapters outline the jury work approach to analyzing interactions between case issues and jurors' attitudes and opinions and describe techniques for collecting information through interviews, surveys, and trial simulations. They also address evaluating prospective jurors, selecting a jury, and current threats to fair trial rights. The book includes approximately 130 references, a table of cases, and an index. The appendixes contain additional materials on court appointments for systematic jury work, surveys, interviews, the use of census data, motions, and sample challenges based on jury work. For individual papers, see NCJ 90583-90593. (Author summary modified)