NCJ Number
108609
Journal
Law and Human Behavior Volume: 11 Issue: 4 Dated: (December 1987) Pages: 337-358
Date Published
1987
Length
22 pages
Annotation
This article discusses the methodological and ethical issues the authors faced in a 'live' courtroom research project on trial judges' verbal and nonverbal behavior in criminal jury trials.
Abstract
Only by studying judges while they presided over actual trials could the research both describe judicial behavior and determine the effect such behavior had on trial processes. The idea for the study emerged from case law and legal sources, judges' and practitioners' observations, and social science sources. These sources were used to develop a working model that linked study method and theoretical interest. The basic elements of the model were background variables, expectancy variables, transmitting variables, and outcome variables. Field tests were conducted to refine study methodology. Field testing involved the logistics of entry, involvement, and participant cooperation; the participant research contract; and assessment of ethical concerns. Data collection techniques included field notes, courtroom questionnaires and interviewing, videotaping in the courtroom, and unobtrusive data collection techniques in the courtroom. Even after data were obtained and researchers had withdrawn from the courtroom, issues of confidentiality, usefulness, and clearances persisted. 97 references.