Jury Decision Making Flashcards
(21 cards)
Comprehension aids (4)
Judicial instructions
Trial transcripts
Allow jury to ask questions
Note taking during trial
Size of Canadian jury
12
Benefits of larger juries (4)
More representative
Diversity of opinions
Deliberate longer
Recall more evidence
Leniency bias
If the jury begins evenly split, the verdict is more likely to be not guilty
Study on jury decisions starting from a majority (Kalven & Zeisel, 1996)
209 of 215 juries ended up agreeing
Jury nullification
Jury refuses to apply the law
Stages of decision-making process
Orientation, open conflict, reconciliation
Informational conformity
Desire to be right, going with the evidence
Normative conformity
Desire to fit in, going with the group
Dynamite charge
Judge sends a deadlocked jury back to keep deliberating until it can reach verdict
Story model for jury decision-making
Construction, verdict representation, story classification
Categories of evidence used in verdict representation
Identity, mental state, circumstances, actions
Benefits of juries (5)
Safeguard against State injustice Reflect community sentiment 12 heads are better than 1 Civic engagement in legal system Public confidence in system
Problems of juries (5)
Expensive
Time consuming
Juries might get it wrong
Laypeople struggle with complex legal concepts
Decisions influenced by extra-legal factors
Juror trauma
Exposure to horriffic information and high stakes decisions can cause PTSD
Similarities between judges and jurors
Both fail to disregard inadmissible evidence
Display heuristic errors
Judge verses jury study (Kalven & Zeisel, 1966)
Judges rendered verdicts on cases decided by juries
Judges and juries rougly agreed (75-80%)
Juries more lenient, esp. with lesser offences
Boomerang effect
Suppressed evidence is more persuasive
Ironic process phenomenon
The harder one tries to control a thought, the less one succeeds
Forms of inadmissible evidence (3)
Character evidence, rape shield evidence, pre-trial publicity
Liberation hypothesis
When the evidence is close, jurors may feel liberated to consider inadmissible or extra-legal information