NCJ Number
13488
Journal
Judicature Volume: 57 Issue: 9 Dated: (APRIL 1974) Pages: 386-391
Date Published
1974
Length
6 pages
Annotation
ANALYSIS OF AN EXPERIMENT DESIGNED TO STUDY THE EFFECTS OF PREJUDICIAL INFORMATION AND THE EFFECTS OF VOIR DIRE EXAMINATIONS ON JURORS' VOTES.
Abstract
THE STUDY COLLECTED JURORS' PRE-DELIBERATION OPINIONS AS TO THE DEFENDANT'S GUILT OR INNOCENCE, POST-DELIBERATION VOTES, DEMOGRAPHIC CHARACTERISTICS OF JURORS, ATTITUDES OF JURORS TOWARD THEIR ROLES AS JURORS, TOWARD CRIMINALS, TOWARD THE NEWS MEDIA, ETC. BASED ON AN ACTUAL TRIAL, A TAPE OF COURTROOM PROCEEDINGS WAS PREPARED. THE JURORS LISTENED TO THE TAPE, DELIBERATED, RENDERED VERDICTS, ANSWERED QUESTIONNAIRES, AND WERE INTERVIEWED. IN THIS WAY, THE EFFECTS OF EXPOSURE TO PRE-TRIAL PUBLICITY, SELECTION OF JURORS WITH AND WITHOUT VOIR DIRE EXAMINATIONS, AND DEMOGRAPHIC CHARACTERISTICS AND ATTITUDES OF JURORS COULD BE TESTED. ONE PORTION OF THE EXPERIMENT IS REPORTED IN THIS ARTICLE. IN THAT PHASE, TEN JURIES WERE RANDOMLY SELECTED WITHOUT VOIR DIRE EXAMINATIONS, AND 13 WERE SELECTED WITH VOIR DIRE EXAMINATION BY THE PROSECUTOR AND DEFENSE ATTORNEY. OF THESE TWO GROUPS, HALF READ NEWSPAPER REPORTS WHICH CONTAINED EVIDENCE ADMISSIBLE AT TRIAL, WHILE HALF READ PRESS ACCOUNTS DEEMED TO BE PREJUDICIAL AND UNLIKELY TO BE ADMITTED AT TRIAL. THE STUDY CONCLUDES THAT VOIR DIRE EXAMINATIONS BY COUNSEL DIMINISH THE EFFECTS OF PREJUDICIAL INFORMATION BY REDUCING THE NUMBER OF JURORS VOTING FOR GUILTY WHEN THEY HAVE BEEN EXPOSED TO THAT TYPE OF INFORMATION. THE DATA INDICATE THAT, IN ADDITION, VOIR DIRE SENSITIZES JURORS AS INDIVIDUALS TO THE IMPORTANCE OF THE LAW AND OF EXAMINING THE EVIDENCE. CONSEQUENTLY, SELECTION OF INDIVIDUALS ON THE BASIS OF PREDICTION OF BEHAVIOR OF A CERTAIN GROUP (I.E. A RACIAL OR AGE GROUP) CANNOT BE DONE WITH GREAT ACCURACY. THUS VOIR DIRE BY TWO LAWYERS CONSTITUTES AN ESSENTIAL SAFEGUARD. IT DOES THIS THROUGH THE MULTIPLE FUNCTIONS OF SCREENING OUT SOME PREJUDICED JURORS, REDUCING PREJUDICES INTRODUCED BY EXTRANEOUS INFORMATION SUCH AS PRE-TRIAL PUBLICITY, COMMITTING JURORS TO THE IMPORTANCE AND MEANING OF LEGAL PROCEDURES, AND SENSITIZING JURORS TO VARIOUS ASPECTS OF THE CASE. (AUTHOR ABSTRACT MODIFIED)