U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

SOCIAL PSYCHOLOGICAL ANALYSIS OF THE SIMULATED TRIAL JURY

NCJ Number
49502
Author(s)
R D FOSS
Date Published
1975
Length
155 pages
Annotation
INDIVIDUAL AND GROUP ASPECTS OF DECISIONS MADE BY 28 12-PERSON SIMULATED JURIES COMPOSED OF STUDENTS FROM A COLLEGE IN THE RURAL SOUTH ARE ANALYZED.
Abstract
THE SUBJECTS HEARD AN AUDIOTAPED SUMMARY OF FACTS AND ARGUMENTS PRESENTED IN A FICTIONAL MURDER CASE AND DELIBERATED UNTIL THEY REACHED A DECISION OR UNTIL THEY WERE DECLARED A HUNG JURY. A THEORIZED MODEL OF THE PROCESS OF ATTRIBUTING INTENT, WHICH FOCUSED ON HOW INDIVIDUALS MIGHT COMBINE LOGICAL/RATIONAL AND SUBJECTIVE PROCESSES IN ATTRIBUTING INTENT TO CRIMINAL DEFENDANTS, WAS NOT VALIDATED BY STUDY FINDINGS. INDIVIDUAL JURORS GENERALLY BASED THEIR ATTRIBUTIONS ON RATIONAL INFORMATION PROCESSING AND NOT ON PERCEIVED LOCUS OF CONTROL (I.E., THE JURORS' BELIEFS CONCERNING WHETHER REWARDS AND PUNISHMENTS ARE CONTINGENT ON A PERSON'S BEHAVIOR OR ON LUCK OR OTHER EXTERNAL FACTORS). IT WAS CONCLUDED, HOWEVER, THAT THE JURY JUDGMENT PARADIGM IS NOT A GOOD ONE IN WHICH TO STUDY THE GENERAL SOCIAL ATTRIBUTION PROCESS. THE JURY GROUPS FUNCTIONED IN A WAY THAT NEUTRALIZED THE EFFECTS OF INDIVIDUAL IDIOSYNCRASIES AND VIEWPOINTS UNSUPPORTED BY FACTUAL EVIDENCE IN THE CASE. THERE WAS GREATER CONSISTENCY AMONG GROUP DECISIONS THAN AMONG INDIVIDUAL DECISION PREFERENCES (AS INDICATED ON QUESTIONNAIRES COMPLETED BY JURORS PRIOR TO DELIBERATION). THIS FINDING SUGGESTS THAT JUROR SIMULATION RESEARCH THAT HAS DISCOVERED INDIVIDUAL JUDGMENTAL BIASES CANNOT BE TAKEN AS INDICATIVE OF BIASES IN JURY DECISIONS. GROUPS ACTING UNDER THE QUORUM RULE (DECISION BASED ON AGREEMENT AMONG 10 OF 12 JURORS) REACHED DECISIONS TWICE AS FAST AS GROUPS ACTING UNDER THE UNANIMITY RULE AND WERE ALSO SIGNIFICANTLY MORE LIKELY TO REACH A DECISION. FORTY-THREE PERCENT OF THE UNANIMITY JURIES WERE DECLARED HUNG, WHEREAS NONE OF THE QUORUM JURIES WAS DECLARED HUNG. THE IMPLICATION IS THAT QUORUM DECISION RULES WILL FACILITATE THE FUNCTIONING OF THE CRIMINAL JUSTICE SYSTEM BUT MAY DO SO AT THE EXPENSE OF DECISION ACCURACY. COPIES OF STUDY INSTRUMENTS, SUPPORTING DATA, AND A LIST OF REFERENCES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LKM)

Downloads

No download available

Availability