UNCOVERING 'NONDISCERNIBLE' DIFFERENCES - EMPIRICAL RESEARCH AND THE JURY-SIZE CASES

• NCJ Number: 27759
• Journal: Michigan Law Review Volume: 73 Issue: 4 Dated: (MARCH 1975) Pages: 643-708
• Author(s): R O LEMPERT
• Date Published: 1975
• Length: 66 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

IN WILLIAMS J. FLORIDA (1970) AND COLGROVE V. BATTIN (1973), THE SUPREME COURT RELIED ON FOUR RECENT STUDIES IN DECIDING THAT THERE WAS 'NO DISCERNIBLE DIFFERENCE' IN THE RESULTS REACHED BY SIX AND TWELVE MEMBER JURIES.

Abstract

CONSEQUENTLY, THE COURT HELD, IN BOTH CASES, THAT A DECREASE IN SIZE WAS NOT INCONSISTENT WITH THE SIXTH OR SEVENTH AMENDMENT RIGHTS TO JURY TRIAL. THIS ARTICLE ARGUES THAT FOR A NUMBER OF REASONS THE RESULTS OF APPARENTLY SOUND METHODS OF EMPIRICAL RESEARCH ARE LIKELY TO SUGGEST THAT JURY SIZE HAS NO DISCERNIBLE EFFECT ON JURY VERDICTS, EVEN IF SIZE DOES IN FACT DETERMINE VERDICTS IN SOME CASES. FIRST, UNLESS THE RESEARCHER IS ABLE TO IDENTIFY A PRIORI THOSE FEW CASES THAT ARE GOOD CANDIDATES FOR SIZE EFFECTS, DIFFERENCES ATTRIBUTABLE TO SIZE ARE LIKELY TO BE SO DILUTED IN THE SAMPLE STUDIED AS TO APPEAR NON-EXISTENT OR UNIMPORTANT; SECOND, VERDICT DIFFERENCES ATTRIBUTABLE TO SIZE ARE LIKELY TO BE DISGUISED IF COMPARISONS ARE MADE ON AN AGGREGATE BASIS; THIRD, CONVENTIONS OF STATISTICAL ANALYSIS WILL LEAD RESEARCHERS TO BE OVERLY CAUTIOUS IN INTERPRETING FINDINGS THAT INDICATE POSSIBLE SIZE-ASSOCIATED DIFFERENCES IN JURY VERDICTS. THE AUTHOR DRAWS ON STATISTICAL THEORY AND GROUP DYNAMICS RESEARCH TO SPECULATE ON THE WAYS IN WHICH VERDICTS OF SIX ARE LIKELY TO DIFFER FROM THOSE OF TWELVE. RESEARCH FAVORING TWELVE MEMBER JURIES AND THAT FAVORING SIX-MEMBER JURIES IS ALSO REVIEWED. HE CONCLUDES THAT, BASED ON THE EXISTING STATE OF KNOWLEDGE, WHERE THE VERDICTS OF SIX AND TWELVE MEMBER JURIES DIVERGE, THE VERDICTS OF TWELVE ARE LIKELY TO BE OF SOMEWHAT HIGHER QUALITY THAN THE VERDICTS OF SIX, AND ARE LIKELY TO BE SUPERIOR WITH RESPECT TO OTHER IMPORTANT VALUES. DESIGNS FOR FUTURE JURY RESEARCH ARE SUGGESTED THAT WOULD REVEAL THE SIZE EFFECTS WHICH HE MAINTAINS DO IN FACT EXIST. THE AUTHOR INDICATES THAT IF A 'SUBSTANTIAL BODY OF WELL-CONDUCTED RESEARCH' SHOULD DEMONSTRATE THAT JURY SIZE DOES AFFECT VERDICTS IN WAYS THAT ARE DETRIMENTAL TO IMPORTANT VALUES, THE SUPREME COURT SHOULD RECONSIDER ITS CONCLUSIONS IN WILLIAMS AND COLGROVE. (AUTHOR ABSTRACT MODIFIED)