jury Flashcards
(16 cards)
how does the jury honor specific values and principles we hold in American society?
- Respect for human beings (Defendants are given the assumption of innocence)
- The value of democracy (decisions are made by representative groups of society, not by the state or any privileged group.)
- The matter of guilt or innocence is serious (and thus, we spend much effort in making these decisions).
- We hold convicting an innocent person to be worse than letting a guilty person go free (people must be deemed guilty beyond a reasonable doubt).
- Each defendant has a constitutional right to a fair trial of his or her peers
what are some ways we can improve the accuracy of the jury system?
- Use Juror Orientation Videotapes to educate juries (Ross et al.) study found videotapes increased juror knowledge and comfort
- Use professional jurors?
- Teach jurors better reasoning skills
- Control the effects of pre-trial publicity on jurors (George Floyd Case!)
- Stop jurors from researching case material and interacting with each other before deliberation
- Use experts to testify to help jurors understand
can using experts help jurors make better decisions?
Only when the subject matter is beyond the common understanding of the average juror
Daubert test
is applied to scientific evidence to determine if it is reliable and valid.
probative
helping determine whether the person is guilty or not guilty
prejudicial
biasing a jury against the defendant
problems using experts in court
- It is challenging to spot experts who abuse the system.
- National studies show judicial knowledge of science is lacking
- Juries might over-believe the expert
- The persuasiveness of precise or numerical information; Anchoring bias
- Science is probabilistic (it deals with long-run tendencies based on groups). The legal system functions at the level of a specific defendant. Point: Scientific testimony about generalities typically isn’t helpful to the legal system because it deals with specifics
does the size of a jury matter in terms of the quality of the decisions reached by juries?
yes
how does jury selection work?
Jury Research (mock trials and focus groups) to determine your case theory and who you
want on the jury.
- Pre-trial investigation of jurors: Looking at the Social Media FingerPrint
- Determining what type of jurors do you want?
- Writing jury selection questions
- Using Jury questionnaires
- Judges control the number and types of questions that can be asked in jury
selection.
C. Using mock trial research to settle a case before trial in mediation
what does it mean to exclude a juror for cause?
Some obvious form of bias. Say a case involves police using unlawful force, and a police officer has been summoned for jury duty.
what does it mean to exclude a juror for a peremptory challenge?
Excluding a potential juror for no cause. The defense is usually (but not
always) given more peremptory challenges than the prosecution
what do trial consultants do?
help lawyers prepare for trials by using psychology and research methods. They assist with jury selection, witness preparation, case strategy, and mock trials to improve how a case is presented in court
what are some of the problems with the trial consulting industry?
a) The profession is unregulated
b) ASTC (American Society of Trial Consultants) has little to no standards
c) Pretrial investigation of prospective jurors: Is it an invasion of privacy? (It is all public information?)
d) Fairness: Is it available only for the wealthy?
mediation
when both sides in a case come together to try to work out the case using a “mediator” who is typically a lawyer. If an agreement is reached in mediation, it is legally binding
U.S. v. Ameral (1973)
ruled that expert testimony is admissible when:
- Only when the subject matter is beyond the common understanding of the average juror.
- When the scientific evidence is scientifically valid (i.e., it passes the Daubert test).
- The probative value of the expert testimony outweighs the prejudicial value
mock trial benefits
can be used to show the other side the probability that they are at risk
of losing the case and how much in damages they may have to pay
