Reid hastie the university of chicago booth school of business. In jury decision making, the author examines more than 50 years of research on juries and offers a big picture overview of. Factors affecting jury decision making revision cards in. Inside the juror presents the most interesting and sophisticated work to date on juror decision making from several traditionssocial psychology, behavioral decision theory, cognitive psychology, and behavioral modeling. Thus, the findings of research on group decision making as a function of group size and social decision rule are of central relevance to the courts constitutional analysis. Emotion in the behavior and decision making of jurors and. A while back i gave you a suggestion that you consider buying a book titled jury decision making. Jury decision making is defined as a neutral process, the impartial application of law to a set of objectively discovered facts. Metaanalysis of effects of mock jurors emotions on judgments of responsibility and blame. Devine examines over 50 years of research on juries and offers a big picture overview of the field. The final article in this series will provide practical recommendations for effective voir dire strategy. Jury decision law and legal definition uslegal, inc. Models of jury as opposed to juror decisionmaking examine how individual preferences combine dur.
The decisionmaking processes of individual jurors is only one element of jury decision making, which takes place in the context of group deliberation. Reid hastie studies judgment and decision making managerial, legal, medical, engineering, and personal, memory and cognition, and social psychology. Trial by jury has been a central component of the legal system in many countries for many years. In total, 206 distinguishable studies involving deliberating juries actual or mock were located and grouped into 4 categories on the basis of their focal variables. Models of jury as opposed to juror decision making examine how individual preferences combine dur. Our most recent line of research examines police decision making in the context of identifying threats or concealment of weapons. Current directions in psychological jury decision making. Twelve adults serve on the jury for a criminal case.
About jury persuasion and psychology this page collects texts and treatises that adress the psychological aspects of trial practice, jury psychology, how juries make decisions and persuasion through effective oratory. Psychology and the courtroom cognitive dixon study miss. I was recently fortunate enough to participate in a conference at john jay college of criminal justice on the future of jury research, organized by professor. Mccrea department of psychology, university of wyoming scott e. Invited article race and the decision making of juries. Jury decision making research iresearchnet psychology. They must follow strict rules to ensure that the case is handled fairly. Story model for juror decision making forensic psychology.
In each instance the model is described and compared with related models, its assumptions are scrutinized, its fit to normative data is evaluated, and possible revisions and extensions of the model are discussed. The effect of victim impact evidence on capital decision making. Practical implications of psychological research on juror. Jury decision making psychology and law iresearchnet. Psychologists, for their part, should continue to study the effects of social and time pressure on both the process and outcome of group decisionmaking tasks such as jury deliberation. The jurys trials problems, pitfalls, and possibilities in jury decision making brian bornstein, ph. Practical implications of psychological research on juror and. Group decision making principles of social psychology.
Pdf jury trials play a centrally important role in the law, and they are also of interest to psychologists. The state of the science psychology and crime book 8 kindle edition. He is best known for his research on legal decision making and he is currently studying the role of causal reasoning in judgments of all kinds and the wisdom of crowds in collective decisions. Jury decisionmaking has implications for psychological research. Jury decision making has implications for psychological research. Jury persuasion and psychology trial advocacy research. Jurors make decisions just like other human beings do, but they do so in an environment that is different from everyday individual decisionmaking. In this chapter, we attempt to address some of the cognitive aspects of juror decisionmaking. Jury trials play a centrally important role in the law, and they are also of interest to psychologists. Critics have leveled extensive allegations that juries are unpredictable, unrepresentative of the population of the united states, biased, and irresponsible. The jury has been one of the most mysterious forces in united states law. Participants who heard the witness was 100% confident gave guilty verdicts to the robber 67% of the time. It is quite useful to know the stages of a court case, so that you can better understand how, it is influenced, and how changes can be implemented. Leading jury and decisionmaking researchers recently discussed how psychological science can examine individual and.
Psychological research has implications for jurydecision making. Many of these findings are relevant to the efforts to improve the institution of the petit jury trial. Reid hastie the university of chicago booth school of. Race, ethnicity, and culture in jury decision making. In jury decision making, the author examines more than 50 years of research on juries and offers a big picture overview of the field. Find all the books, read about the author, and more. The jury method of deciding guilt involves group deliberation with an obligation of group unanimity, or adherence to some other formal decision rule, before a decision can be made foss, 1976. Race, ethnicity, and culture in jury decision making annual. Psychologists, for their part, should continue to study the effects of social and time pressure on both the process and outcome of group decision making tasks such as jury deliberation. Invited article race and the decision making of juries samuel r. The first section addresses research on jury bias, which shows that jurors often make harsher judgments of defendants from other racial and ethnic groups and are more likely to give death sentences in cases involving black or latino. Effects of attractiveness on jury decision making the purpose of this study was to investigate the influence of personal characteristics of the defendant and the victim on jury decision making. Describe pretrial publicity and how it may affect jurys decision making. Effects of confessions, dna, and prosecutorial theories on perceptions of guilt.
Attractiveness thought that a more attractive defndant will be treated more leiniantly than an unatractive one, attractive people are seen as more friendly, intelligent and honest. The supreme court has framed its analysis of jury size and decision rule questions in terms of the effects of those variables on jury behavior. Research into jury decision making has shed light on many phenomena in criminal and civil legal systems, but many questions remain. In the remainder of this article, we discuss how to assess juror and jury decisions. One important factor that helps groups to outperform individuals on decision making tasks is the type of interdependence they have. While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. Jury size and decision psychology definition iresearchnet. The jury setting in the criminal justice system offers a unique social setting that provides the opportunity for social influence within networks. When jury decisions diverge from what we expect, the difficulty of the decision making context may be as much to blame as any moral or intellectual failings on the part of individual jurors.
The authors concluding remarks begin with them describing the jury as a curious institution a hallmark of angloamerican legal procedure, yet one that is used sparingly. Sommers department of psychology, tufts university, usa the relationship between race and jury decision making is a controversialtopic that has received increased attention in recent years. The psychology of jurors decisionmaking its your job to know how they think, what persuades and what puts them off 2018 january. Division 41 american psychology law society 2018 book award winner. Juror and jury decision making in this line of research, we have focused on evaluating how jurors make decisions in various contexts, with the goal of helping jurors make the best possible decisions. Thus, jury decision making has implications for psychological theory, and psychological research has implications for legal policy. In addition, we have explored how jurors utilize testimonial evidence, including informantsnitch testimony and confession evidence, and the extent to which expert testimony can inform and improve juror decision making. The jury decision making process has been one of the most frequently studied research topics in the field of psychology and law.
The jury s trials problems, pitfalls, and possibilities in jury decision making brian bornstein, ph. When jury decisions diverge from what we expect, the difficulty of the decisionmaking context may be as much to blame as any moral or intellectual failings on the part of individual jurors. Jury decision making the jury has been one of the most mysterious forces in united states law. Dec 01, 2015 jury decisionmaking in excuse defense cases. Research has shown that certain aspects of the defendant such as attractiveness, gender, and race influence jury verdicts. In addition, we have explored how jurors utilize testimonial evidence, including informantsnitch testimony and confession evidence, and the extent to which expert testimony can inform and improve juror decisionmaking. Story model for juror decision making to better explain how jurors make decisions in trial, psychologists have proposed a variety of decision making models. Group decision making principles of social psychology 1st. The study of jury decisionmaking encompasses a number of social and cognitive psychological processes.
Application strategies to influence jury decision making. Professor of psychology and courtesy professor of law. Psychological research has implications for jury decision making. One important factor that helps groups to outperform individuals on decisionmaking tasks is the type of interdependence they have. In this chapter, the authors explore the empirical psychology of jury decision making to address the issues necessary to answer the question. Division 41 american psychologylaw society 2018 book award winner.
Social influence in jury decision making magnus research. Keywords juries, decision making, public policy the jury is a unique institution. The study of jury decision making can contribute to a better understanding of a number of social and cognitive psychological processes. Leading jury and decision making researchers recently discussed how psychological science can examine individual and group decision making as well as a number of other topics. Are researchers focusing on the mouse and not the elephant in the room. As jurisdictions across the country contemplate and enact jury reforms, they should consider the propriety of this procedure.
For example, jurors should be reminded that they need to remain impartial as the research has shown that jurors are humans who are all subject to biases which could impact the. The jury decisionmaking process has been one of the most frequently studied research topics in the field of psychology and law. How jurors come to a verdict in a trial is a fascinating topic with many unexpected aspects. We have explored how jurors process evidence such as confession evidence or expert testimony, testing how jurors perceive the evidence and. It requires ordinary citizens who lack legal training to hear evidence, make sense of con. It is also a rich domain for psychologists to mine. I explained that it was a scientific study of scientific studies conducted on how juries work. For example, jurors should be reminded that they need to remain impartial as the research has shown that jurors are humans who are all subject to biases which could impact the neutrality of the verdict. Criminal factors affecting jury decision making flashcards.
Journal of applied social psychology, 32, 23932412. Overall, this excellent book has renewed my confidence in the future of jury research and is highly recommended for advanced students, legal practitioners, and new and current jury researchers. Leading jury and decisionmaking researchers recently discussed how. The manner in which individual jurors perceive, interpret, and remember evidence, as well as the group processes involved in jury deliberation, can be described in terms of fundamental cognitive and social psychological concepts. Psychology and the courtroom cognitive dixon study. Jurors in a mock trial were given evidence by a female eye witness of a robbery via videotape recording. The manner in which individual jurors perceive, interpret, and. Factors affecting jury decision making flashcards by nikita. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Some research has examined the decision making process at the jury level, but the majority of research has examined juror decision making processes at the individual level.
The jury is a curious institutiona hallmark of anglo american legal procedure, yet one that is used sparingly. How cognitive biases, heuristics, and culture influences policy and legal decision making in the areas of tort law, criminal law, and family law. The psychology of jurors decisionmaking plaintiff magazine. Conversely, psychological research can inform trial procedures, enabling juries to benefit from fairer procedures and reach better outcomes. Sommers department of psychology, tufts university, usa the relationship between race and jury. The decision making processes of individual jurors is only one element of jury decision making, which takes place in the context of group deliberation. The participants of jury simulation research were asking to read the summary of the fact and four different scenarios.
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