The Jury Research Library

The Sound Jury Consulting Jury Library is designed to be free resource for attorneys looking for published research on or related to jury decision-making. This includes everything from deposition preparation to opening statements to closing arguments. Attorneys can use the search option on the right side of the page to find publications relevant to their needs. The results will include publication titles, summaries of the findings, and links to websites where the articles can be purchased and/or downloaded.

If you have jury research publications that you would like to submit to the Jury Library, please email us at: totoole@soundjuryconsulting.com

The effects of death qualification on jurors’ predisposition to convict and on the quality of deliberation. - Cowan, C. L., Thompson, W. C., & Ellsworth, P. C. (1984). The effects of death qualification on jurors’ predisposition to convict and on the quality of deliberation. Law and Human Behavior, 8, 53-79. This study provides a straightforward test of the proposition that people who are permitted to serve on juries in capital cases (death-qualified […]
Trial by jury: Some empirical evidence on contested criminal cases in England. - Baldwin, J., & McConville, M. (1979). Trial by jury: Some empirical evidence on contested criminal cases in England. Law and Society Review, 13, 861-890. [*713] Baldwin, J., & McConville, M. (1980). Does the composition of an English jury affect its verdict? Judicature, 64, 133-139. The authors of this article attempt to examine jury performance by […]
Suppressing the expression of community values in juries: How legal priming systematically alters the way people think. - Levinson JD (2005) Suppressing the expression of community values in juries: How legal priming systematically alters the way people think. University of Cincinnati Law Review 73: 1059–1079. Legal systems that rely on juries assume that juror decision-making imports an accurate representation of community values and norms into legal decisions. Yet, rather than successfully importing community […]
The effects of prior experience on mock juror case judgments. - Nagao, D. H., & Davis, J. H. (1980). The effects of prior experience on mock juror case judgments. Social Psychological Quarterly, 43, 190-199. The effects of prior experience on case judgments were investigated by asking mock jurors to decide defendants’ guilt in either a rape-vandalism or vandalism-rape case presentation order. Mock jurors with prior experience […]
Trial by jury or judge: Transcending empiricism. - Clermont, K. M., & Eisenberg, T. (1992). Trial by jury or judge: Transcending empiricism. Cornell Law Review, 77, 1124-1177. Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would […]
The jury as critic: An empirical look at how capital juries perceive expert and lay testimony. - Sundby, S. E. (1997). The jury as critic: An empirical look at how capital juries perceive expert and lay testimony. Virginia Law Review, 83, 1109-1188. Presented interview data on witness impact (including expert). Professional experts called in most cases. Jurors generally reported lay expert testimony to be most influential; skeptical of professional experts, family members, […]
The effects of impeachment evidence and limiting instructions on individual and group decision making. - Tanford, S., & Cox, M. (1988). The effects of impeachment evidence and limiting instructions on individual and group decision making. Law and Human Behavior, 12, 477-496. Two studies were conducted to investigate the effects of impeachment evidence in civil cases. According to the Federal Rules of Evidence, impeachment evidence can be used to judge defendant […]
A study of the California penalty jury in first degree murder cases. - Judson, C. J., Pandell, J. J., Owens, J. B., McIntosh, J. L., & Matschullat, D. L. (1969). A study of the California penalty jury in first degree murder cases. Stanford Law Review, 21, 1296-1497. Used 178 variables related to defendant, victim, and crime to predict sentencing outcomes. Many weak-moderate associations; controlling for many 3rd variables, […]
Jurors’ perceptions of hearsay in child sexual abuse cases. - Myers, J. E. B., Redlich, A. D., Goodman, G. S., Prizmich, L. P., & Imwinkelried, E. (1999). Jurors’ perceptions of hearsay in child sexual abuse cases. Psychology, Public Policy, and Law, 5, 388-419. The authors examined jurors’ perceptions of child victims who testified in court and adult witnesses who repeated children’s hearsay statements. Data were […]
Race and the imposition of the death penalty in Kentucky murder trials: An analysis of post-Gregg outcomes. - Keil, T. J., & Vito, G. F. (1990). Race and the imposition of the death penalty in Kentucky murder trials: An analysis of post-Gregg outcomes. Justice Quarterly, 7, 189-207. This study re-examines the effect of race of the victim on the probability that an accused murderer is charged with a capital crime and sentenced to […]
Eyewitness identification procedures: The fifth rule. - Kassin, S. (1998) Eyewitness identification procedures: The fifth rule. Law & Human Behavior, 22, 649-653. Comments that the 4 recommendations of G. L. Wells et al to improve eyewitness identification procedures are ideally suited to minimize many potential problems. It is argued, however, that there is one recommendation (already being implemented in some precincts) that […]
Nominal and interactive groups: Effects of preinstruction and deliberations on decisions and evidence recall in complex trials. - Bourgeois, M. J., Horrowitz, I. A., ForsterLee, L., & Grahe, J. (1995). Nominal and interactive groups: Effects of preinstruction and deliberations on decisions and evidence recall in complex trials. Journal of Applied Psychology, 80, 58-67. Two studies assessed the effects of preinstruction on decision making in simulated civil trials. In Study 1, substantive instructions were […]
Seeing Black: Race, crime, and visual processing. - Eberhardt JL, Goff PA, Purdie VJ, Davies PG (2004) Seeing Black: Race, crime, and visual processing. Journal of Personality and Social Psychology 87: 876–893. doi: 10.1037/0022-3514.87.6.876 Using police officers and undergraduates as participants, the authors investigated the influence of stereotypic associations on visual processing in 5 studies. Study 1 demonstrates that Black faces influence participants’ […]
Bias in social decisions by individuals and groups–An example from mock juries. - Davis, J. H., Spitzer, C. E., Nagao, D. H., & Stasser, G. (1978). Bias in social decisions by individuals and groups–An example from mock juries. In H. Brandstatter, J. H. Davis, & H. Schuler (Eds.), Dynamics of group decisions (pp. 33-52). Beverly Hills, CA: Sage. Juries composed entirely of jurors with more cynical attitudes regarding […]
The impact of an aggressive juror in six- and twelve-member juries. - Snortum, J. R., Klein, J. S., & Sherman, W. A. (1976). The impact of an aggressive juror in six- and twelve-member juries. Criminal Justice and Behavior, 3, 255-262. General leniency shift after deliberation in juries without a confederate arguing strongly for conviction; severity shift for juries with confederate. http://cjb.sagepub.com/content/3/3/255.full.pdf
An empirical study of the effect of leadership influence on decision outcomes in different sized jury panels. - Eakin, B. A. (1975). An empirical study of the effect of leadership influence on decision outcomes in different sized jury panels. Kansas Journal of Sociology, 11, 109-126. An experiment was conducted to investigate the effect of direction of leadership influence on decision outcomes requiring a large consensus in groups of six and twelve members. The […]
Jury decision making: An empirical study based on actual felony trials. - Bridgeman, D. L., & Marlowe, D. (1979). Jury decision making: An empirical study based on actual felony trials. Journal of Applied Psychology, 64, 91-98. Posttrial interviewing was used to examine the possible relationship between a variety of juror characteristics and jury decision making. Sixty-five actual jurors who had participated in 10 felony trials served as […]
Deadly confusion: Juror instructions in capital cases. - Eisenberg, T., & Wells, M. T. (1993). Deadly confusion: Juror instructions in capital cases. Cornell Law Review, 79, 1-17. High level of misunderstanding regarding imposition of death sentence. Expected prison sentence positively correlated with imposition of life in prison. Initially divided juries tended to impose death penalty. http://www.lawschool.cornell.edu/research/cornell-law-review/upload/Eisenberg-Wells.pdf
Jurors and their verdicts. - Sealy, A. P., & Cornish, W. R. (1973). Jurors and their verdicts. Modern Law Review, 36, 496-508. Juror demographic, personality, and attitudinal characteristics weakly related to verdict preferences before and after deliberation. http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.1973.tb01381.x/abstract
The effect of jury nullification instruction on verdicts and jury functioning in criminal trials. - Horowitz, I. A. (1985). The effect of jury nullification instruction on verdicts and jury functioning in criminal trials. Law and Human Behavior, 9, 25-36. Jury nullification is a mechanism, and a defense, which allows the jury, as representatives of the community, to disregard both the law and the evidence and acquit defendants who have violated […]
Social inference processes in juror judgments of multiple-offense trials. - Tanford, S., & Penrod, S. (1984). Social inference processes in juror judgments of multiple-offense trials. Journal of Personality and Social Psychology, 47, 749-765. According to law, a defendant may be tried for multiple offenses in a single trial, although the courts intuitively recognize that such “joinder” may be prejudicial. The present study investigated the effects […]
The illusions and realities of jurors’ treatment of corporate defendants. - Hans, V. P. (1998). The illusions and realities of jurors’ treatment of corporate defendants. DePaul Law Review, 48, 327-354. Strength of evidence (as rated by judge) moderately related to win rates. Plaintiffs won 85% of cases when evidence favored their position, 62% when evidence seen as evenly balanced, but only 37% when evidence favored defendant. […]
Group decision processes in the simulated jury. - Foss, R. D. (1976). Group decision processes in the simulated jury. Sociometry, 39, 305-316. The present study focuses on group processes in simulated jury decisions about complex issues such as those typically faced by trial juries. Employing Davis’ Social Decision Scheme theory, it was determined that simulated juries reach a final decision by an equalitarian […]
Innocent until Primed: Mock Jurors’ Racially Biased Response to the Presumption of Innocence - Young DM, Levinson JD, Sinnett S (2014) Innocent until Primed: Mock Jurors’ Racially Biased Response to the Presumption of Innocence. PLoS ONE 9(3): e92365. doi:10.1371/journal.pone.0092365 Research has shown that crime concepts can activate attentional bias to Black faces. This study investigates the possibility that some legal concepts hold similar implicit racial cues. Presumption of innocence […]
Race and the decision making of juries. - Sommers, S.R. (2007) Race and the decision making of juries. Legal and Criminological Psychology (2007), 12, 171–187 The relationship between race and jury decision making is a controversial topic that has received increased attention in recent years. While public and media discourse has focused on anecdotal evidence in the form of high-profile cases, legal researchers […]
The predictability of punitive damages. - Eisenberg, T., Goerdt, J., Ostrom, B., Rottman, D., & Wells, M. T. (1997). The predictability of punitive damages. Journal of Legal Studies, 26, 623-661. Using one year of jury trial outcomes from 45 of the nation’s most populous counties, this article shows a strong and statistically significant correlation between compensatory and punitive damages. These findings […]
A comparison of six- and twelve-member juries in New Jersey superior and county courts. - Institute of Judicial Administration. (1972). A comparison of six- and twelve-member juries in New Jersey superior and county courts. New York: Author. No impact of jury size on plaintiff success rate, but larger juries tended to handle more complex cases, and their mean damage awards were 3 x greater than smaller juries. https://books.google.com/books/about/A_Comparison_of_Six_and_Twelve_member_Ci.html?id=cw-ipwAACAAJ
The norm-information-distance model: A stochastic approach to preference change in group interaction. - Crott, H. W., & Werner, J. (1994). The norm-information-distance model: A stochastic approach to preference change in group interaction. Journal of Experimental Social Psychology, 30, 68-95. The Norm-Information-Distance (NID) model is a formalized description of the process of change in collective judgment tasks. The model is derived in two steps. First, the probability that an […]
Asymmetric influence in mock jury deliberation: Jurors’ bias for leniency. - MacCoun, R. J., & Kerr, N. L. (1988). Asymmetric influence in mock jury deliberation: Jurors’ bias for leniency. Journal of Personality and Social Psychology, 54, 21-33. Investigators have frequently noted a leniency bias in mock jury research, in which deliberation appears to induce greater leniency in criminal mock jurors. One manifestation of this bias, the […]
Jury verdicts and the ‘crisis’ in civil justice. - Daniels, S., & Martin, J. (1986). Jury verdicts and the ‘crisis’ in civil justice. Justice System Journal, 11, 321-348. Amid the claims of an “insurance crisis,” civil justice reform has taken the country by storm. Civil jury verdicts have been singled out as one of the major causes of the crisis. This article reports on […]
Status and competence of jurors. - James, R. (1959). Status and competence of jurors. The American Journal of Sociology, 64, 563-570. Variations in the performance of real jurors of differing socioeconomic status who were deliberating on a mock trial were assessed. Male jurors participate more actively than female, and participation varies in direct ratio to length of education. Jurors spend 50 […]
Myth and reality in punitive damages. - Daniels, S., & Martin, J. (1990). Myth and reality in punitive damages. Minnesota Law Review, 75, 1-64. Overall plaintiff win rate near 50%. Punitive damages were rare and modest, incidence varied considerably by case type (most likely in cases involving financial or emotional harm) and jurisdiction. https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=24+J.L.+%26+Com.+197&key=aef0debd11e6a8c8f4e70d78e806126c
Criminology: Toward criminal jury instructions that jurors can understand. - Severance, L. J., Greene, E., & Loftus, E. F. (1984). Criminology: Toward criminal jury instructions that jurors can understand. Journal of Criminal Law and Criminology, 75, 198-233. Simplified instructions produced slightly better comprehension scores than pattern instructions for non-deliberating jurors; modestly better scores for deliberating jurors. http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6418&context=jclc
Relationship of offender and victim race to death sentences in California. - Klein, S. P., & Rolph, J. E. (1991). Relationship of offender and victim race to death sentences in California. Jurimetrics, 32, 33-48. Data were analyzed for 496 California defendants whose convictions for homicide required sentences of life-without-possibility-of-parole or death. A classification tree analysis with several case characteristics was used to predict which sentence would be […]
Juror experience and jury verdicts. - Dillehay, R. C., & Nietzel, M. T. (1985). Juror experience and jury verdicts. Law and Human Behavior, 9, 179-191. Most trial attorneys believe that repeated jury service produces several effects in jurors, one of the most important of which is an increased disposition toward conviction of criminal defendants. However, case law reveals a reluctance to […]
Race, age and jury decisions in a civil rape trial. - Foley, L. A., & Pigott, M. A. (1997b). Race, age and jury decisions in a civil rape trial. American Journal of Forensic Psychology, 15, 37-55. Assessed jury decisions in a civil rape trial. The age and race of the plaintiff was varied through computer-generated photographs. Mock jurors included 87 university students and 103 jury eligible […]
Blindfolding the jury to verdict consequences: Damages, experts, and the civil jury. - Diamond, S. S., & Casper, J. D. (1992). Blindfolding the jury to verdict consequences: Damages, experts, and the civil jury. Law and Society Review, 26, 513-557. Juries more likely to follow judicial instructions when accompanied by explanation. No impact of expert testimony (statistical vs. concrete) on awards. Median juror predeliberation value best predictor of jury […]
What Jurors Want to Know: Motivating Juror Cognition to Increase Legal Knowledge & Improve Decisionmaking - Gordon, Sara G., “What Jurors Want to Know: Motivating Juror Cognition to Increase Legal Knowledge & Improve Decisionmaking” (2014). Scholarly Works. Paper 829. What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all […]
What’s the Story? Explanations and Narratives in Civil Jury Decisions - “What’s the Story? Explanations and Narratives in Civil Jury Decisions,” Reid Hastie, in B. H. Bornstein, R. L. Wiener, R. Schopp and S. L. Willborn: Civil Juries and Civil Justice: Psychological and Legal Perspectives. Springer: New York, 2008, pp. 23-34 http://link.springer.com/chapter/10.1007%2F978-0-387-74490-2_2
Taking turns and taking sides: Opening scenes from two jury deliberations. - Manzo, J. F. (1996). Taking turns and taking sides: Opening scenes from two jury deliberations. Social Psychology Quarterly, 59, 107-125. This study concerns the organization of the turn taking in the opening rounds of two actual deliberations, one civil and one criminal. Like all interactants, jurors accomplish their tasks thourhg sequential and collaborative ordering of […]
Comparative review of death sentences: An empirical study of the Georgia experience. - Baldus, D. C., Pulaski, C., & Woodworth, G. (1983). Comparative review of death sentences: An empirical study of the Georgia experience. Journal of Criminal Law and Criminology, 74, 661-753. The Georgia Supreme Court reemphasized recently its view of the constitutional importance of the appellate review process. The purpose of this study was to assess the […]
The effects of outlier presence, plaintiff population size, and aggregation of plaintiffs on simulated civil jury decisions. - Horowitz, I. A., & Bordens, K. S. (1988). The effects of outlier presence, plaintiff population size, and aggregation of plaintiffs on simulated civil jury decisions. Law and Human Behavior, 12, 209-229. An experiment was performed to determine the effects of the size of the plaintiff population, the presence or absence of an outlier, defined as […]
Of juries and court-appointed experts: The impact of nonadversarial versus adversarial expert testimony. - Brekke, N. J., Enko, P. J., Clavet, G., & Seelau, E. (1991). Of juries and court-appointed experts: The impact of nonadversarial versus adversarial expert testimony. Law and Human Behavior, 15, 451-475. The impact of court-appointed (nonadversarial) expert testimony was examined in a jury simulation experiment. A total of 686 registered voters (540 deliberating jurors and […]
The verdict is in: A study of jury decision making factors, moment of personal decision, and jury deliberations–from the jurors’ point of view. - Pettus, A. B. (1990). The verdict is in: A study of jury decision making factors, moment of personal decision, and jury deliberations–from the jurors’ point of view. Communication Quarterly, 38, 83-97. he purpose of this study was to gain insight into jury decision making factors, jury decision timing, and the jury decision making process by […]
Socioeconomic factors influencing jury verdicts. - Adler, F. (1973). Socioeconomic factors influencing jury verdicts. New York University Review of Law and Social Change, 3, 1-10. Juries that convicted had higher average prestige scores (based on socioeconomic status). Discrepancy between defendant prestige and average juror prestige positively related to conviction regardless of whether defendant or jury higher. http://heinonline.org/HOL/LandingPage?handle=hein.journals/nyuls3&div=6&id=&page=
The effects of jury size and polling method on the process and product of jury deliberation. - Kerr, N. L., & MacCoun, R. J. (1985). The effects of jury size and polling method on the process and product of jury deliberation. Journal of Personality and Social Psychology, 48, 349-363. The U.S. Supreme Court has repeatedly assumed the functional equivalence of different sized juries (at least in the range of 6- to 12-person […]
Selection of jury foremen as a measure of the social status of women. - Beckham, B., & Aronson, H. (1978). Selection of jury foremen as a measure of the social status of women. Psychological Reports, 43, 475-478. THE STUDY HYPOTHESIZED THAT A MEASURE OF SOCIAL STATUS WHICH EMPLOYED THE RATIO OF AVAILABLE JURORS TO THE NUMBER RAISED TO FOREMAN MIGHT DETERMINE THE STATUS OF A MINORITY OF SUBGROUP. TO […]
Witherspoon v. Illinois: The court was right. - Bernard, J. L., & Dwyer, W. O. (1984). Witherspoon v. Illinois: The court was right. Law and Psychology Review, 8, 105-114. No impact of death penalty attitude composition on verdict, but proportion of jurors favoring death penalty related to jury sentence; juries with 50% excludable jurors never gave death sentence. Moderate jurors most likely to […]
Trial complexity: A field investigation of its meaning and its effects. - Heuer, L., & Penrod, S. (1994). Trial complexity: A field investigation of its meaning and its effects. Law and Human Behavior, 18, 29-51. A field experiment is reported that examines the effects of trial complexity and trial procedures on jury performance. Juror question asking and notetaking were randomly assigned to 75 civil and 85 criminal […]
Effects of authoritarian, anti-authoritarian, and egalitarian legal attitudes on mock juror and jury decisions. - McGowen, R., & King, G. D. (1982). Effects of authoritarian, anti-authoritarian, and egalitarian legal attitudes on mock juror and jury decisions. Psychological Reports, 51, 1067-1074. The students were classified as authoritarian, antiauthoritarian, or egalitarian in their legal attitudes based on their responses to the Legal Attitudes Questionnaire. An equal number (120) of each juror type […]
The shadow of the law: Jury decisions in obstetrics and gynecology cases. - Daniels, S., & Andrews, L. (1989). The shadow of the law: Jury decisions in obstetrics and gynecology cases. In V. Rostow & R. Bulger (Eds.), Medical professional liability and the delivery of obstetrical care. Washington, DC: Institute of Medicine/National Academy Press. Physician negligence regarding use of delivery drug strongly related to jury verdicts. Plaintiffs won […]
Jury study results: The factors at work. - Sannito, T., & Arnolds, E. B. (1982, Spring). Jury study results: The factors at work. Trial Diplomacy Journal, 6-11. Forepersons tended to be male (70%) and one of the first jurors to speak. Perceived prosecutor skill moderately related to predeliberation and final votes; defense attorney skill, defendant attractiveness, and juror sex, race, and occupation weakly […]
Public understanding of and support for the courts: Survey results. - Jamieson, K. H. & Hennessy, M. (2006). Public understanding of and support for the courts: Survey results. 95 Georgetown Law Journal 899. Using data from two nationally representative surveys, we examined public knowledge about the Constitution and courts: the impact of court exposure and news sources on perceptions of the courts, trust in the courts, […]
The impact of battered woman syndrome evidence on jury decision-processes. - Schuller, R. A. (1992). The impact of battered woman syndrome evidence on jury decision-processes. Law and Human Behavior, 16, 597-620. The impact of “battered woman syndrome” testimony on jury decision processes in trials of battered women who kill their abusers was investigated in two separate studies. It was hypothesized that the presence of the testimony […]
An experimental investigation of procedural issues in complex tort trials. - Horowitz, I. A., & Bordens, K. S. (1990). An experimental investigation of procedural issues in complex tort trials. Law and Human Behavior, 14, 269-285. Juries in unitary trial structure more likely to find defendant caused plaintiff injury and assign liability but assigned less responsibility and awarded fewer compensatory damages compared with separate trials. Lower damages […]
Juror experience and decision making. - Kassin, S. M., & Juhnke, R. (1983). Juror experience and decision making. Journal of Personality and Social Psychology, 44, 1182-1191. Undergraduates who were inexperienced as mock jurors read 1 of 2 trial transcripts and participated in 9 6-person juries. Several days later, they read a 2nd trial and participated in 18 juries that included new, […]
The direct and indirect effects of inadmissible evidence. - Caretta, T. R., & Moreland, R. L. (1983). The direct and indirect effects of inadmissible evidence. Journal of Applied Social Psychology, 13, 291-309. College students (N= 270) assigned to six-person mock juries read summaries of a murder trial and then evaluated the defendant’s guilt both before and after group discussion. The strength of the prosecution’s […]
Jury deliberations: Discussion content and influence processes in jury decision making. - Tanford, S., & Penrod, S. (1986). Jury deliberations: Discussion content and influence processes in jury decision making. Journal of Applied Social Psychology, 16, 322-347. The present research investigated the jury deliberation process. Representative juror subjects viewed a realistic videotaped trial consisting of three offenses, deliberated in groups of six and reached verdicts on each charge, […]
Group discussion and the influence of defendant characteristics in a simulated jury setting. - Izzett, R. R., & Leginski, W. (1974). Group discussion and the influence of defendant characteristics in a simulated jury setting. The Journal of Social Psychology, 93, 271-279. Groups of Ss ranging in size from four to six read the Landy and Aronson (3) case concerning negligent automobile homicide. Each S within each group received an […]
Police documentation of drunk-driving arrests: Jury verdicts and guilty pleas as a function of quantity and quality of evidence. - Snortum, J. R., Riva, P. R., Berger, D. E., & Mangione, T. W. (1990). Police documentation of drunk-driving arrests: Jury verdicts and guilty pleas as a function of quantity and quality of evidence. Journal of Criminal Justice, 18, 99-116. This archival study examined the court records and relevant police reports for 617 drunk-driving cases drawn […]
Would jurors do a better job if they could take notes? - Flango, V. E. (1980). Would jurors do a better job if they could take notes? Judicature, 63, 436-443. 100% of jurors given the opportunity to take notes did so and generally reported their case to be less difficult than jurors not allowed to do so. On average, jurors took 13 pages of notes. Anecdotal evidence […]
The effects of jury dogmatism on reactions to jury nullification instructions. - Kerwin, J., & Shaffer, D. R. (1991). The effects of jury dogmatism on reactions to jury nullification instructions. Personality and Social Psychology Bulletin, 17, 140-146. Jury nullification instructions give jurors permission to disregard a law if they feet that its strict application would result in an unjust verdict. In a jury simulation, dogmatic and nondogmatic […]
Effects of group size and procedural influence on consensus judgments of quantity: The examples of damage award and mock civil juries. - Davis, J. H., Hulbert, L., Au, W. T., Chen, X., & Zarnoth, P. (1997). Effects of group size and procedural influence on consensus judgments of quantity: The examples of damage award and mock civil juries. Journal of Personality and Social Psychology, 73, 703-718. Six-person mock civil juries awarded significantly larger amounts for damages than did […]
Jury verdicts: The role of group size and decision rule. - Saks, M. (1977). Jury verdicts: The role of group size and decision rule. Washington, DC: Lexington Books. WHENEVER WE CONSIGN TO A GROUP THE ROLE OF DECISION MAKING, WE OBLIGATE OURSELVES TO MAKE CHOICES CONCERNING AT LEAST TWO STRUCTURAL FEATURES OF THAT GROUP: ITS SIZE AND THE SOCIAL DECISION RULE (SDR) THAT WILL DEFINE GROUP […]
Bias in jurors vs. bias in juries: New evidence from the SDS perspective. - Kerr, N. L., Niedermeier, K. E., & Kaplan, M. F. (1999). Bias in jurors vs. bias in juries: New evidence from the SDS perspective. Organizational Behavior and Human Decision Processes, 80, 70-86. Prior research by Kaplan and Miller (1978) suggested that juries are generally influenced less by extralegal, biasing information than individual jurors are. A […]
Pretrial publicity, the timing of the trial, and mock jurors’ decision processes. - Davis, R. W. (1986). Pretrial publicity, the timing of the trial, and mock jurors’ decision processes. Journal of Applied Social Psychology, 16, 590-607. Pretrial publicity and a temporal interval between the news and trial were explored for their effects upon the jury’s deliberation process and verdict. Publicity (neutral, negative) and trial timing (immediate, delayed) were […]
Racial discrimination and the death penalty in the post-Furman era: An empirical and legal overview, with recent findings from Philadelphia. - Baldus, D. C., Woodworth, G., Zuckerman, D., Weiner, N. A., & Broffitt, B. (1998). Racial discrimination and the death penalty in the post-Furman era: An empirical and legal overview, with recent findings from Philadelphia. Cornell Law Review, 83, 1638-1661. Modeled prosecutorial and jury decisions at several points using victim race, defendant race, various case characteristics, […]
A comparison of formal and informal dispute resolution in medical malpractice. - Farber, H. S., & White, M. J. (1994). A comparison of formal and informal dispute resolution in medical malpractice. Journal of Legal Studies, 23, 777-806. Low plaintiff win rate in small percentage of medical malpractice cases reaching jury. Jury verdicts moderately related to quality of patient care. All plaintiff wins occurred with “bad” or “ambiguous” […]
Differential effects of jury size on verdicts following deliberation as a function of the apparent guilt of a defendant. - Valenti, A. C., & Downing, L. L. (1975). Differential effects of jury size on verdicts following deliberation as a function of the apparent guilt of a defendant. Journal of Personality and Social Psychology, 32, 655-663. Evidence strength interacted with jury size to affect jury verdicts. Larger juries deliberated longer and hung more often, especially when […]
The performance of the American civil jury: An empirical perspective. - Vidmar, N. (1998). The performance of the American civil jury: An empirical perspective. Arizona Law Review, 40, 849-899. Plaintiff success rate and median award varied by state (substantially higher in NY). Severity of plaintiff injury related consistently to size of damage awards. In all 3 states, general damages amounted to 54%-60% of total award. http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1466&context=faculty_scholarship
The appearance of justice: Judges’ verbal and nonverbal behavior in criminal jury trials. - Blanck, P. D. (1985). The appearance of justice: Judges’ verbal and nonverbal behavior in criminal jury trials. Stanford Law Review, 38, 89-164. Defendants with prior felony arrest (not conviction) more likely to be convicted. Moderate positive association between defendants’ socioeconomic status and conviction. Observer ratings of judge courtroom behavior moderately-strongly related to jury verdicts. Poor […]
Juror judgments about liability and damages: Sources of variability and ways to increase consistency. - Diamond, S. S., Saks, M. J., & Landsman, S. (1998). Juror judgments about liability and damages: Sources of variability and ways to increase consistency. DePaul Law Review, 48, 301-325. Jury award variability much less than juror predeliberation variability but still relatively high for pain and suffering compared with economic damages. Plaintiff ad damnum appeared to […]
Becoming first among equals: Moral considerations in jury foreman selection. - Strodtbeck, F. L., & Lipinski, R. M. (1985). Becoming first among equals: Moral considerations in jury foreman selection. Journal of Personality and Social Psychology, 49, 927-936. Hawkins, C. H. (1962). Interaction rates of jurors aligned in factions. American Sociological Review, 27, 689-691. Strodtbeck, F. L., & Hook, L. H. (1961). The social dimensions of a […]
The impact of the guilty but mentally ill verdict on juror decisions: An empirical analysis. - Savitsky, J. C., & Lindblom, W. D. (1986). The impact of the guilty but mentally ill verdict on juror decisions: An empirical analysis. Journal of Applied Psychology, 16, 686-701. The present study attempted to determine the impact of alternative verdict choices on the decisions of mock jurors. Subjects used in this study as mock jurors […]
Changes in group members’ decision preferences during discussion: An illustration with mock juries. - Davis, J. H., Stasser, G., Spitzer, C. E., & Holt, R. W. (1976). Changes in group members’ decision preferences during discussion: An illustration with mock juries. Journal of Personality and Social Psychology, 34, 1177-1187. Assessed the changing personal decisions of mock jurors (870 undergraduates) by periodic polling during deliberation. Six-person mock juries informed that they […]
The Arizona jury reform permitting civil jury trial discussions: The views of trial participants, judges, and jurors. - Hans, V. P., Hannaford, P. L., & Munsterman, G. T. (1999). The Arizona jury reform permitting civil jury trial discussions: The views of trial participants, judges, and jurors. University of Michigan Journal of Law Reform, 32, 349-377. In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the […]
Outcomes of six- and twelve- member jury trials: An analysis of 128 civil cases in the state of Washington. - Bermant, G., & Coppock, R. (1973). Outcomes of six- and twelve- member jury trials: An analysis of 128 civil cases in the state of Washington. Washington Law Review, 48, 593-596. No difference in plaintiff success rate as a function of jury size.
Deep pockets, empty pockets: Who wins in Cook county jury trials. - Chin, A., & Peterson, M. A. (1985). Deep pockets, empty pockets: Who wins in Cook county jury trials. Santa Monica, CA: Rand/Institute for Civil Justice. This report examines how different types of parties fared in over 9,000 civil jury trials in Cook County, Illinois, between 1959 and 1979. It builds on two previous studies of […]
Group discussion and defendant’s socio-economic status as determinants of judgments by simulated jurors. - Gleason, J. M., & Harris, V. A. (1976). Group discussion and defendant’s socio-economic status as determinants of judgments by simulated jurors. Journal of Applied Social Psychology, 6, 186-191. No impact of defendant socioeconomic status on postdeliberation verdicts. Deliberating jurors rated defendant less guilty; jurors supporting death penalty rated defendant more guilty than those opposed. Seventy-two […]
The discretion of prosecutors, judges, and juries in capital cases. - Foley, L. A., & Powell, R. S. (1982). The discretion of prosecutors, judges, and juries in capital cases. Criminal Justice Review, 7, 16-22. This study examines the impact of legal and extralegal factors on the decisions of prosecutors, juries, and judges in first degree murder cases. The cases analyzed included all the first degree murder […]
Attorney communication and impression making in the courtroom. - Linz, D., Penrod, S., & McDonald, E. (1986). Attorney communication and impression making in the courtroom. Law and Human Behavior, 10, 281-302. This study investigated the effectiveness of attorney communication and impression making in the courtroom. Trained in-court observers rated attorney presentations for factual and legal informativeness, organization, articulateness, and rapport during the opening statement […]
Opinion change during group discussion. - Stasser, G., & Davis, J. H. (1977). Opinion change during group discussion. Personality and Social Psychology Bulletin, 3, 252-256. Changes in mock jurors’ decision preferences during deliberation are represented as a stochastic process. Four models varying in their assumptions concerning the nature of opinion changes were comparatively evaluated. The rate and direction of opinion change […]
Jury leniency in drinking and driving cases. Has it changed? 1958 versus 1993. - Bromley, R. S. (1996). Jury leniency in drinking and driving cases. Has it changed? 1958 versus 1993. Law and Psychology Review, 20, 27-55. Data were collected by means of post-trial questionnaires for jurors and pre-trial and post-trial questionnaires for judges. The data were compared to the findings in a 1996 issue of The American Jury […]
Effects of straw polls on group decision making: Sequential voting pattern, timing, and local majorities. - Davis, J. H., Stasson, M., Ono, K., & Zimmerman, S. (1988). Effects of straw polls on group decision making: Sequential voting pattern, timing, and local majorities. Journal of Personality and Social Psychology, 55, 918-926. Six-person juries (evenly divided between members inclined toward guilty and not-guilty verdicts) responded to a straw poll either early or late, […]
An empirical study of six- and twelve-member jury decision making processes. - Kessler, J. (1973). An empirical study of six- and twelve-member jury decision making processes. Journal of Law Reform, 6, 712-734. A VIDEOTAPED MOCK TRIAL WAS SHOWN TO EIGHT 6-MEMBER JURIES AND TO AN EQUAL NUMBER OF 12-MEMBER JURIES. THE MOCK TRIAL INVOLVED AN ACTUAL AUTOMOBILE NEGLIGENCE CASE THAT HAD BEEN SETTLED OUT OF COURT. IT […]
Jury behavior as a function of the prestige of the foreman and the nature of his leadership. - Bevan, W., Albert, R. S., Loiseaux, P. R., Mayfield, P. N., & Wright, G. (1958). Jury behavior as a function of the prestige of the foreman and the nature of his leadership. Journal of Public Law, 7, 419-449. 2 experimental groups of 4 jury panels, each with high and low leader prestige and autocratic and […]
Why jurors vote life or death: Operative factors in ten Florida death penalty cases. - Geimer, W. S., & Amsterdam, J. (1988). Why jurors vote life or death: Operative factors in ten Florida death penalty cases. American Journal of Criminal Law, 15, 1-54. These cases included five in which the jury recommended life imprisonment and five in which it recommended the death penalty. In five of these cases, the jury […]
Split trials and time saving: A statistical analysis. - Zeisel, H., & Callahan, T. (1963). Split trials and time saving: A statistical analysis. Harvard Law Review, 76, 1606-1625. In 1959 the United States District Court for the Northern District of Illinois adopted a rule permitting separate trials of liability and damage issues in civil cases. At the request of the court the authors have […]
Extra-legal influences, group processes, and jury decision-making: A psychological perspective. - Wasserman, D. T., & Robinson, J. N. (1980). Extra-legal influences, group processes, and jury decision-making: A psychological perspective. North Carolina Central Law Journal, 12, 96-151. Damage awards higher when defendant identified as corporation as opposed to individual and when jury exposed to emotion-arousing evidence in penalty phase. Group polarization evident in jury awards, with jury […]
The effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases: An empirical study of the alternatives. - Leibman, J. H., Bennett, R. B., Jr., & Fetter, R. (1998). The effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases: An empirical study of the alternatives. American Business Law Journal, 35, 373-401. Jury attributions of fault and damages influenced by knowledge of cap on plaintiff’s responsibility. […]
First-ballot votes, predeliberation dispositions, and final verdicts in jury trials. - Sandys, M., & Dillehay, R. C. (1995). First-ballot votes, predeliberation dispositions, and final verdicts in jury trials. Law and Human Behavior, 19, 175-195. This study examines the proposition that first ballots predict jury verdicts inaactual juries, an oft-cited finding from Kalven and Zeisel, and the explicit assumption by Kalven and Zeisel that first-ballot preferences are […]
The effects of defendant status on the decisions of student and community juries. - Bray, R. M., Struckman-Johnson, C., Osborne, M. D., McFarlane, J. B., & Scott, J. (1978). The effects of defendant status on the decisions of student and community juries. Social Psychology, 41, 256-260. Six-person mock juries drawn from either a student or a community population listened to a simulated murder trial in which the social status […]
A concept in search of a definition: The effects of reasonable doubt instructions on certainty of guilt standards and jury verdicts. - Horowitz, I. A., & Kirkpatrick, L. C. (1996). A concept in search of a definition: The effects of reasonable doubt instructions on certainty of guilt standards and jury verdicts. Law and Human Behavior, 20, 655-670. Eighty (6-person) juries heard 1 of the 5 reasonable doubt instructions in a trial that either had strong evidence for […]
Judgments and group discussion: Effect of presentation and memory factors on polarization. - Kaplan, M. F., & Miller, C. E. (1977). Judgments and group discussion: Effect of presentation and memory factors on polarization. Sociometry, 40, 337-343. Mock juries, composed of six females each, listened to a tape-recording of facts in a courtroom trial. Twelve juries heard incriminating facts, and twelve heard exonerating facts. In half the juries, all […]
The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial. - Gabora, N. J., Spanos, N. P., & Joab, A. (1993). The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial. Law and Human Behavior, 17, 103-119. Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described […]
The effects of polygraph evidence and eyewitness testimony on the beliefs and decisions of mock jurors. - Spanos, N. P., Myers, B., DuBreuil, S. C., & Pawlak, A. E. (1992-1993). The effects of polygraph evidence and eyewitness testimony on the beliefs and decisions of mock jurors. Imagination, Cognition and Personality, 12, 103-113. 257 undergraduates serving as mock jurors heard 1 of 4 versions of a murder trial and then deliberated in small […]
Is the tort system in crisis? New empirical evidence. - Merritt, D. J., & Barry, K. A. (1999). Is the tort system in crisis? New empirical evidence. Ohio State Law Journal, 60, 315-398. In medical malpractice and product liability cases, severity of plaintiff injury moderately related to receiving award (permanent, debilitating injuries least likely to be compensated) and strongly related to award amount. https://kb.osu.edu/dspace/bitstream/handle/1811/64996/OSLJ_V60N2_0315.pdf?sequence=1
Getting to no: A study of settlement negotiations and the selection of cases for trial. - Gross, S. R., & Syverud, K. D. (1991). Getting to no: A study of settlement negotiations and the selection of cases for trial. Michigan Law Review, 90, 319-349. Plaintiff win rate varied considerably by case type. Only 15% of trials resulted in win-win situation where jury award fell between final plaintiff demand and defendant offer. […]
Race, trial evidence and jury decision making. - Chadee, D. (1996). Race, trial evidence and jury decision making. Caribbean Journal of Criminology and Social Psychology, 1, 59-86. Main effect of evidence strength; jury race composition interacted with evidence strength such that in-group racial bias present in terms of discussion content and verdict when evidence strength was weak but not when strong.
Some social mechanics of group decision making: The distribution of opinion, polling sequence, and implications for consensus. - Davis, J. H., Kameda, T., Parks, C., Stasson, M., & Zimmerman, S. (1989). Some social mechanics of group decision making: The distribution of opinion, polling sequence, and implications for consensus. Journal of Personality and Social Psychology, 57, 1000-1012. The 1st study extrapolated earlier findings (J. H. Davis et al; see record 1989-15329-001) that the critical […]
Social transition schemes: Model, method, and applications. - Kerr, N. L. (1982). Social transition schemes: Model, method, and applications. In H. [*720] Brandstatter, J. H. Davis, & G. Stocker-Kreichgauer (Eds.). Group decision making (pp. 59-80). London: Academic Press. Forepersons tended to be male and to have previous experience. Contrast effect noted in reduced sample of 40 “close” trials; juries less likely to convict […]
Punitive damages in financial injury jury verdicts. - Moller, E. K., Pace, N. M., & Carroll, S. J. (1999). Punitive damages in financial injury jury verdicts. Journal of Legal Studies, 28, 283-339. This report is the executive summary of an Institute for Civil Justice analysis of trends and patterns in punitive damage awards in financial injury cases in selected jurisdictions during the period […]
Pretrial publicity, judicial remedies, and jury bias. - Kramer, G. P., Kerr, N. L., & Carroll, J. S. (1990). Pretrial publicity, judicial remedies, and jury bias. Law and Human Behavior, 14, 409-438. Although past research has established pretrial publicity’s potential to bias juror judgment, there has been less attention given to the effectiveness of judicial remedies for combatting such biases. The present study […]
The influence of juror’s level of moral reasoning and the nature of closing arguments in determining the verdict in a civil case: A report of two experiments. - Bernard, J. L., Cohen, R., & Lupfer, M. (1985). The influence of juror’s level of moral reasoning and the nature of closing arguments in determining the verdict in a civil case: A report of two experiments. Law and Psychology Review, 9, 93-102. Conducted 2 experiments to investigate the relationship between the level of moral reasoning […]
The impact of judicial commentary concerning eyewitness identifications on jury decision making. - Katzev, R. D., & Wishart, S. S. (1985). The impact of judicial commentary concerning eyewitness identifications on jury decision making. The Journal of Criminal Law and Criminology, 76, 733-745. A total of 108 students from Reed College in Portland, Oreg., were divided into 9 juries which viewed a 40-minute videotape of a mock trial involving […]
Jury trials in the heartland. - Chappelear, S. E. (1999). Jury trials in the heartland. University of Michigan Journal of Law Reform, 32, 241-277. In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief […]
On the decision to testify in one’s own behalf: Effects of withheld evidence, defendant’s sexual preferences, and juror dogmatism on juridic decisions. - Shaffer, D. R., & Case, T. (1982). On the decision to testify in one’s own behalf: Effects of withheld evidence, defendant’s sexual preferences, and juror dogmatism on juridic decisions. Journal of Personality and Social Psychology, 42, 335-346. 360 undergraduates high or low in dogmatism served as members of 6-person juries that assessed the culpability of […]
Improving decisions on death by revising and testing jury instructions. - Diamond, S. S., & Levi, J. N. (1996). Improving decisions on death by revising and testing jury instructions. Judicature, 79, 224-232. Study participants were 170 jury-eligible citizens. In each of a series of 2-hour sessions, a group of 12 to 16 individuals listened to an audiotaped description of the evidence presented in both the guilt […]
Different shades of bias: Skin tone, implicit racial bias, and judgments of ambiguous evidence. - Levinson JD, Young DM (2010) Different shades of bias: Skin tone, implicit racial bias, and judgments of ambiguous evidence. West Virginia Law Review 112: 307–350. Many commentators and judges have come to accept the changing reality of racial discrimination – discrimination that has largely shifted from overt and intentional to covert and unintentional. Despite this […]
The influence of jury deliberation on juror perception of trial, credibility, and damage awards. - Sonaike, S. F. (1978). The influence of jury deliberation on juror perception of trial, credibility, and damage awards. Brigham Young University Law Review, 4, 889-908. Jury awards tended to be more extreme than mean juror predeliberation award. Mode and median were better predictors of final award amount than mean. http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1174&context=lawreview
Impact of expert psychological testimony on the unreliability of eyewitness identification. - Loftus, E. F. (1980). Impact of expert psychological testimony on the unreliability of eyewitness identification. Journal of Applied Psychology, 65, 9-15. Studied the influence on jurors of expert testimony about eyewitness identification. In Exp I, 240 university students (all registered voters) acted as jurors and received evidence against a defendant in a violent or a […]
Role playing and the study of jury behavior. - Kerr, N. L., Nerenz, D. R., & Herrick, D. (1979). Role playing and the study of jury behavior. Sociological Methods and Research, 7, 337-355. Widespread use of simulated trials and mock juries to study jury behavior has stimulated concern for the external validity ofsuch simulations. A study is reported which examined the role-playing nature of […]
Interactions between jurors as a function of majority vs. unanimity decision rules - Nemeth, C. (1977). Interactions between jurors as a function of majority vs. unanimity decision rules. Journal of Applied Social Psychology, 7, 38-56. Ruling on the constitutionality of less than unanimous juries, the majority and dissenting Justices of the Supreme Court offered differing theories of social influence processes in jury deliberations. Some areas of disagreement involved […]
Inside the jury. - Hastie, R., Penrod, S. D., & Pennington, N. (1983). Inside the jury. Cambridge, MA: Harvard University Press. Small effect of decision rule on verdicts and large effect on deliberation time. Non-unanimous juries tended to deliberate less, hang less, choose harsher verdict options, and finish with holdout jurors. Deliberation focused on testimony and produced a severity […]
Effects of group size and procedural influence on consensus judgments of quantity: The examples of damage award and mock civil juries. - Davis, J. H., Hulbert, L., Au, W. T., Chen, X., & Zarnoth, P. (1997). Effects of group size and procedural influence on consensus judgments of quantity: The examples of damage award and mock civil juries. Journal of Personality and Social Psychology, 73, 703-718. Six-person mock civil juries awarded significantly larger amounts for damages than did […]
Mock jurors versus mock juries: The role of deliberations in reactions to inadmissible testimony. - Kerwin, J., & Shaffer, D. R. (1994). Mock jurors versus mock juries: The role of deliberations in reactions to inadmissible testimony. Personality and Social Psychology Bulletin, 20, 153-162. The consensus among authors in the area of juridic decision making is that trial jurors often readily disregard judicial instructions to ignore inadmissible evidence. Perhaps, however, the […]
Social transition schemes: Model, method, and applications. - Kerr, N. L. (1982). Social transition schemes: Model, method, and applications. In H. [*720] Brandstatter, J. H. Davis, & G. Stocker-Kreichgauer (Eds.). Group decision making (pp. 59-80). London: Academic Press. Systematic polling tended to increase likelihood of unanimity and decrease deliberation time; no effect on verdicts. Tendency for jurors in minority to choose opposite verdict […]
Suing for medical malpractice. - Sloan, F. A., Githens, P. B., Clayton, E. W., Hickson, G. B., Gentile, D. A., & Partlett, D. F. (1993). Suing for medical malpractice. Chicago: University of Chicago Press. Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers […]
Inadmissible evidence and juror verdicts. - Thompson, W. C., Fong, G. T., & Rosenhan, D. L. (1981). Inadmissible evidence and juror verdicts. Journal of Personality and Social Psychology, 40, 453-463. A total of 120 male and 168 female students at a junior college were paid $5 each to take part in the 2-hour study. These mock jurors watched video tapes of […]
The effects of injury severity on jury negligence decisions. - Greene, E., Johns, M., & Bowman, J. (1999). The effects of injury severity on jury negligence decisions. Law and Human Behavior, 23, 675-693. According to the laws of negligence, jurors’ liability decisions are to be influenced by the defendant’s conduct, but not by the severity of the plaintiff’s injuries. We conducted a jury simulation study […]
Getting to the Point: Attempting to Improve Juror Comprehension of Capital Penalty Phase Instructions - Smith, A. & Haney, C. (2011). Getting to the Point: Attempting to improve juror comprehension of capital penalty phase instructions. Law & Human Behavior, 35, 339-350. This research examined the effects of several versions of capital penalty phase instructions on juror comprehension. Study One documented the impact of California’s recently implemented “plain language” instruction. It […]
Quantitative decisions by groups and individuals: Voting procedures and monetary awards by mock civil juries. - Davis, J. H., Stasson, M., Parks, C. D., Hulbert, L., Kameda, T., Zimmerman, S. K., & Ono, K. (1993). Quantitative decisions by groups and individuals: Voting procedures and monetary awards by mock civil juries. Journal of Experimental Social Psychology, 29, 326-346. The purpose of this study was to gain insight into jury decision making factors, […]
The majority effect in jury deliberations: Number of supporters versus number of supporting arguments. - Stasser, G., Stella, N., Hanna, C., & Colella, A. (1984). The majority effect in jury deliberations: Number of supporters versus number of supporting arguments. Law and Psychology Review, 8, 115-127. Preference change influenced by number of supporting arguments but not number of advocates.
The effects of juror anonymity on jury verdicts. - Hazelwood, L., & Brigham, J. C. (1998). The effects of juror anonymity on jury verdicts. Law and Human Behavior, 22, 695-713. This study examined the effects of anonymity on jurors’ verdicts and on jurors’ feelings of accountability for their jury’s verdicts. Twenty four-person anonymous juries and 20 four-person nonanonymous juries rendered individual and group verdicts […]
The Potentially Biasing Effects of Voir Dire in Juvenile Waiver Cases - Greathouse, S. M., Sothmann, F. C., Levett, L. M., & Kovera, M. B. (2011). The potentially biasing effects of voir dire in juvenile waiver cases. Law and Human Behavior, 35, 427-439. DOI 10.1007/s10979-010-9247-z An analysis of transcripts from cases in which a juvenile is adjudicated in adult criminal court showed that potential jurors may be […]
The emergence of extralegal bias during jury deliberations. - MacCoun, R. J. (1990). The emergence of extralegal bias during jury deliberations. Criminal Justice and Behavior, 17, 303-314. Does deliberation attenuate extralegal biases in jury verdicts, or does it exaggerate them? Consistent with an information-integration theory analysis, Kaplan and Miller in 1978 found that deliberation can eliminate such biases. However, in the present study, the […]
Jury responsibility in capital sentencing: An empirical study. - Eisenberg, T., Garvey, S. P., & Wells, M. T. (1996). Jury responsibility in capital sentencing: An empirical study. Buffalo Law Review, 44, 339-368. Jurors felt responsible, free to exercise discretion, and did not believe defendants would be executed if sentenced to death. http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1372&context=facpub
Eyewitness recall and testimony. - Pansky, A., Koriat, A., & Goldsmith, M. (2005). Eyewitness recall and testimony. Brewer, N. & Williams, K. (Eds) Psychology and Law: An Empirical Perspective. New York: Guilford. https://books.google.com/books?id=wJPWxOIhIcEC&pg=PA93&lpg=PA93&dq=Eyewitness+recall+and+testimony.&source=bl&ots=D_SWHkXn87&sig=2KjkFez3DYCF7hiG95wumt_QyKs&hl=en&sa=X&ved=0CCQQ6AEwAGoVChMIspuk25DaxwIVRCmICh1x4grQ#v=onepage&q=Eyewitness%20recall%20and%20testimony.&f=false
Reforming products liability. - Viscusi, W. K. (1991). Reforming products liability. Cambridge, MA: Harvard University Press. Drawing on both liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is not simply a phenomenon of the 1980s but has been developing for several decades. He argues that the principal causes have been the expansion of the […]
Influence of expert testimony regarding eyewitness accuracy on jury decisions. - Hosch, H. M., Beck, E. L., & McIntyre, P. (1980). Influence of expert testimony regarding eyewitness accuracy on jury decisions. Law and Human Behavior, 4, 287-296. To determine the influence of expert testimony regarding the general unreliability of eyewitnesses, a two-phase study was conducted. In the first phase, 24 community residents served as jurors on […]
Sex and the unbiased jury. - Nagel, S., & Weitzman, L. (1972). Sex and the unbiased jury. Judicature, 56, 108-111. IN ANSWERING THIS QUESTION, THE AUTHORS DREW ON THE RESULTS OF AN EMPIRICAL STUDY ON JURY SEX BIAS AND PRESENT A DATA TABLE ON HOW THE TREATMENT OF FEMALES DIFFERS FROM MALES IN PERSONAL INJURY CASES. THE TABLE INDICATES THAT INEQUALITY […]
Structural effects in simulated jury decision making. - Foss, R. D. (1981). Structural effects in simulated jury decision making. Journal of Personality and Social Psychology, 40, 1055-1062. Studied 28 12-person (17–56 yr old undergraduates) simulated juries to examine the effects of (a) a formally imposed decision rule (unanimity vs quorum) and (b) initial within-jury verdict preference distributions on group deliberation processes and decisions. […]
An experimental study of twelve vs. six member juries under unanimous vs. nonunanimous decisions. - Padawer-Singer, A. M., Singer, A. N., & Singer, R. L. J. (1977). An experimental study of twelve vs. six member juries under unanimous vs. nonunanimous decisions. In B. D. Sales (Ed.), Psychology in the legal process (pp. 77-86). New York: Spectrum Publications. THE STUDY SUBJECTS, WHO WERE SELECTED BY LAWYER-ADMINISTERED VOIR DIRE EXAMINATION FROM 1,500 […]
The American jury. - Kalven, H., & Zeisel, H. (1966). The American jury. Chicago: University of Chicago Press. Judges and juries disagreed on verdict 25% of time; juries somewhat more lenient. In a sample of 225 cases in which the 1st ballot was reconstructed, a simple majority predicted the final verdict in 90% of the trials. Hung juries occurred […]
Seeing is believing; or is it? An empirical study of computer simulations as evidence. - Bennett, R. B., Jr., Leibman, J. H., & Fetter, R. E. (1999). Seeing is believing; or is it? An empirical study of computer simulations as evidence. Wake Forest Law Review, 34, 257-294. Relying on the old adage, “seeing is believing,” we conclude that the jury may give undue weight to an animated reconstruction of the […]
Face-to-face confrontation: Effects of closed-circuit technology on children’s eyewitness testimony and jurors’ decisions. - Goodman, G. S., Tobey, A. E., Batterman-Faunce, J. M., Orcutt, H., Thomas, S., Shapiro, C., & Sachsenmaier, T. (1998). Face-to-face confrontation: Effects of closed-circuit technology on children’s eyewitness testimony and jurors’ decisions. Law and Human Behavior, 22, 165-203. The present study was designed to examine effects of closed-circuit technology on children’s testimony and jurors’ perceptions […]
How well do jurors understand jury instructions? A field test using real juries and real trials in Wyoming. - Saxton, B. (1998). How well do jurors understand jury instructions? A field test using real juries and real trials in Wyoming. Land and Water Law Review, 33, 59-189. Jurors estimated spending about one third of deliberation discussing instructions. Almost all jurors confident they understood instructions. Mean comprehension score computed for relevant instruction items on objective […]
Juror decision making: The importance of evidence. - Visher, C. (1987). Juror decision making: The importance of evidence. Law and Human Behavior, 11, 1-17. Much of the research on juror decision making is concerned with whether jurors are swayed by irrelevant-or extralegal-issues in their judgments of defendants. Such studies examine whether jurors’ attitudes and victims’ and defendants’ characteristics have a measurable impact on […]
Towards understandable jury instructions. - Elwork, A., Alfini, J. J., & Sales, B. (1982). Towards understandable jury instructions. Judicature, 65, 432-443. Ellsworth, P. C. University of Michigan Journal of Law Reform, 32, 213-220. While standardized jury instructions have focused on the elimination of legal error, there has been little serious attention to simplification of language that shows empirically an increase […]
Mental patients as jurors. - Simon, R. J. (1964). Mental patients as jurors. Human Organization, 22, 276-282. In previous articles we have reported the effects of education, sex, and socioeconomic status on jury verdicts. In the present paper we shall consider the effects on verdicts of still another variable: the personality of the jurors. The subjects to be reported upon […]
The capital jury and absolution: The intersection of trial strategy, remorse, and the death penalty. - Sundby, S. E. (1998). The capital jury and absolution: The intersection of trial strategy, remorse, and the death penalty. Cornell Law Review, 83, 1557-1598. Presented interview data on defendant courtroom behavior and penalty-phase strategy. Poor defendant attitude (nonchalance, arrogance, boredom) and denial strategy strongly linked to death sentence. “Denial” strategy successful only when circumstantial evidence […]
Ethnicity of defendants and jurors as influences on jury decisions. - Perez, D. A., Hosch, H. M., Ponder, B., & Trejo, G. C. (1993). Ethnicity of defendants and jurors as influences on jury decisions. Journal of Applied Social Psychology, 23, 1249-1262. To assess the influence of ethnicity on jury decisions, 480 subjects viewed a videotaped trial of an Anglo or Hispanic defendant. Anglo or Hispanic majority […]
Civil juries and the politics of reform. - Daniels, S. D., & Martin, J. (1995). Civil juries and the politics of reform. Evanston, IL: Northwestern University Press/American Bar Foundation. Results very similar to Daniels & Martin (1990). Overall plaintiff rate near 50% but varied considerably by jurisdiction and case type (highest for auto accidents and contracts, lowest for medical malpractice). Punitive damages rarely […]
A study of juror and jury judgments in civil cases: Deciding liability for punitive damages. - Hastie, R., Schkade, D. A., & Payne, J. W. (1998). A study of juror and jury judgments in civil cases: Deciding liability for punitive damages. Law and Human Behavior, 22, 287-314. A study was conducted to investigate civil juries’ decisions concerning defendants’ liability for punitive damages in tort cases. A total of 121 six- member […]
Gender effects on individual verdicts and on mock jury verdicts in a simulated acquaintance rape trial. - Fischer, G. J. (1997). Gender effects on individual verdicts and on mock jury verdicts in a simulated acquaintance rape trial. Sex Roles, 36, 491-501. Since more women than men college students vote guilty in a simulated acquaintance rape trial [e.g., G. J. Fischer (1991) “Cognitive predictors of not-guilty verdicts in a Simulated Acquaintance Rape Trial,”Psychological […]
Order effects in multiple decisions by groups: A demonstrations with mock juries and trial procedures. - Davis, J. H., Tindale, R. S., Nagao, D. H., Hinsz, V. B., & Robertson, B. (1984). Order effects in multiple decisions by groups: A demonstrations with mock juries and trial procedures. Journal of Personality and Social Psychology, 47, 1003-1012. Assessed the effects of the order in which groups undertake different tasks in a multitask situation, […]
Effects of prohibitive and informative judicial instructions on jury decision making. - Shaw, J. I., & Skolnick, P. (1995). Effects of prohibitive and informative judicial instructions on jury decision making. Social Behavior and Personality, 23, 319-326. A study was conducted to determine the extent to which jurors follow judicial instructions. Based upon Brehm’s (1966) theory of psychological reactance, it was hypothesized that prohibitive judicial instructions will not […]
Mixed motives and racial bias: The impact of legitimate and illegitimate criteria on decision-making. - Norton, M., Sommers, S., Vandello, J., & Darley, J. (2006). Mixed motives and racial bias: The impact of legitimate and illegitimate criteria on decision-making. Psychology, Public Policy, and Law, 12, 36-55. Recent high-profile court rulings addressing the influence of illegitimate information–such as race–on decision making have highlighted the difficulty of establishing whether and when discrimination […]
The impact of case characteristics and prior jury experience on jury verdicts. - Werner, C. M., Strube, M. J., Cole, A. M., & Kagehiro, D. K. (1985). The impact of case characteristics and prior jury experience on jury verdicts. Journal of Applied Social Psychology, 15, 409-427. An archival analysis of records from 206 criminal cases was used to evaluate the impact of personal and situational factors on jury […]
The effect of jury deliberations on jurors’ reasoning skills. - McCoy, M. L., Nunez, N., & Dammeyer, M. M. (1999). The effect of jury deliberations on jurors’ reasoning skills. Law and Human Behavior, 23, 557-575. The effect of jury deliberation on jurors’ reasoning skill in a murder trial was examined. Specifically, the effect of deliberating on reasoning competence (as defined by Kuhn, Weinstock and Flaton, […]
Individual and group decisions in response to a mock trial: A methodological note. - McGuire, M. V., & Bermant, G. (1977). Individual and group decisions in response to a mock trial: A methodological note. Journal of Applied Social Psychology, 3, 220-226. An audiovisual slide-show presentation of a murder trial was used to examine the effects of group deliberations on juror’s responses. Sex of defense attorney and race of defendant […]
Battered women who kill: Jury simulation and legal defenses. - Kasian, M., Spanos, N. P., Terrance, C. A., & Peebles, S. (1993). Battered women who kill: Jury simulation and legal defenses. Law and Human Behavior, 17, 289-312. This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom […]
The effects of bifurcation and death qualification on assignment of penalty in capital crimes. - Horowitz, I. A., & Seguin, D. G. (1986). The effects of bifurcation and death qualification on assignment of penalty in capital crimes. Journal of Applied Social Psychology, 16, 165-185. A total of 708 subjects were used as jurors, comprising 59, 12-person juries. Subjects were recruited from eligible jurors in Toledo, Ohio, and Jamestown, N.Y. The […]
When Deliberation Produces Extremism. - “When Deliberation Produces Extremism.” David Schkade, Cass R. Sunstein and Reid Hastie; Critical Review: A Journal of Politics and Society, 2010, 22(2), pp. 227 – 52. What are the effects of deliberation about political issues by likeminded people? An experimental investigation involving two deliberative exercises, one among self-identified liberals and another among self-identified conservatives, showed […]
Six-member juries in the federal courts. - Beiser, E. N., & Varrin, R. (1975). Six-member juries in the federal courts. Judicature, 58, 426-433. Larger juries more likely to find for plaintiff, took longer to deliberate, and awarded higher damages.
Juror comprehension and public policy: Perceived problems and proposed solutions. - Ellsworth, P. & Reifman, A. (2000). Juror comprehension and public policy: Perceived problems and proposed solutions. Psychology, Public Policy, & Law, 6, 788-821. Laypersons, the media, and many legal scholars tend to attribute problems in the jury system to the dispositions of individual jurors and to recommend reforms in jury selection procedures and relaxation of […]
Guilt beyond a reasonable doubt: Effects of concept definition and assigned decision rule on the judgments of mock jurors. - Kerr, N. L., Atkin, R. S., Stasser, G., Meek, D., Holt, R. W., & Davis, J. H. (1976). Guilt beyond a reasonable doubt: Effects of concept definition and assigned decision rule on the judgments of mock jurors. A TOTAL OF 645 SUBJECTS, 359 MALES AND 286 FEMALES, PARTICIPATED. OF THE TOTAL, 606 PARTICIPATED IN 6-PERSON […]
The influence of size and decision rule in jury decision-making. - Velasco, P. D. P. (1995). The influence of size and decision rule in jury decision-making. In G. Davies, S. Lloyd-Bostock, M. McMurran, & C. Wilson (Eds.), Psychology, law, and criminal justice: International developments in research and practice (pp. 344-348). Berlin, Germany: Walter De Gruyter. No impact of decision rule or jury size on verdicts (slight […]
Effects of reasonable doubt and inclusion of a lesser charge on jury verdicts. - Koch, C. M., & Devine, D. J. (1999). Effects of reasonable doubt and inclusion of a lesser charge on jury verdicts. Law and Human Behavior, 23, 653-674. The impact of two procedural factors on jury verdicts was assessed in a mock jury study: (1) definition of the term “reasonable doubt” and (2) inclusion of a […]
Civil juries in the 1980s: Trends in jury trials and verdicts in California and Cook County, IL. - Peterson, M. A. (1987). Civil juries in the 1980s: Trends in jury trials and verdicts in California and Cook County, IL. Santa Monica, CA: Rand/Institute for Civil Justice. Summarizes 25 years of archival data gathered primarily from Cook County and San Francisco. Plaintiff success rates and damage awards varied substantially as a function of time, […]
A step above anecdote: A profile of the civil jury in the 1990s. - Ostrom, B. J., Rottman, D. B., & Goerdt, J. A. (1996). A step above anecdote: A profile of the civil jury in the 1990s. Judicature, 79, 233-241. Overall win rate near 50%, considerable variation by case type and jurisdiction, slight variation by litigant status (somewhat higher vs. business for selected case types). Jury verdicts accounted […]
Effects of defendant background and remorse on sentencing judgments. - Rumsey, M. G. (1976). Effects of defendant background and remorse on sentencing judgments. Journal of Applied Social Psychology, 6, 64-68. Previous evidence that subject sentencing judgments are mediated by considerations of equity led to the hypothesis that defendant remorse and an impoverished defendant background would each reduce subject sentencing judgments. Results from 48 male and […]
Increasing jurors’ participation in trials: A field experiment with jury note-taking and question asking. - Heuer, L., & Penrod, S. (1988). Increasing jurors’ participation in trials: A field experiment with jury note-taking and question asking. Law and Human Behavior, 12, 231-261. Heuer, L., & Penrod, S. (1989). Instructing jurors: A field experiment with written and preliminary instructions. Law and Human Behavior, 13, 409-430. A field experiment is reported that examines […]
Jury size and verdict consistency: “A line has to be drawn somewhere”? - Roper, R. T. (1980). Jury size and verdict consistency: “A line has to be drawn somewhere”? Law and Society Review, 14, 977-995. Viable minorities (2+) much more likely in larger juries; frequency of hanging and verdict reversal higher with viable minority (no reversals occurred without one). Larger juries with viable minority more likely to hang; […]
Foreclosed impartiality in capital sentencing: Jurors’ predispositions, guilt-trial experience, and premature decision making. - Bowers, W. J., Sandys, M., & Steiner, B. (1998). Foreclosed impartiality in capital sentencing: Jurors’ predispositions, guilt-trial experience, and premature decision making. Cornell Law Review, 83, 1476-1556. The bifurcation of the capital trial into separate guilt and sen-tencing phases is the most decisive and uniform change in the ad-ministration of the death penalty under the […]
When juries “hear” children testify: The effect of eyewitness age and speech style on jurors’ perceptions of testimony. - Nigro, G. N., Buckley, M A., Hill, D. E., & Nelson, J. (1989). When juries “hear” children testify: The effect of eyewitness age and speech style on jurors’ perceptions of testimony. In S. J. Ceci, D. F. Ross, & M. P. Toglia (Eds.), Perspectives on children’s testimony (pp. 57-70). New York: Springer-Verlag. Although eyewitnesses appear […]
The credibility of children as witnesses in a simulated child sex abuse trial. - Duggan, L. M., Aubrey, M., Doherty, E., Isquith, P., Levine, M., & Scheiner, J. (1989). The credibility of children as witnesses in a simulated child sex abuse trial. In S. J. Ceci, D. F. Ross, & M. P. Toglia (Eds.), Perspectives on children’s testimony (pp. 71-99). New York: Springer-Verlag. More convictions when witness testimony corroborated […]
The University of Chicago jury project. - Broeder, D. W. (1958). The University of Chicago jury project. Nebraska Law Review, 38, 744-761. Evidence strength and knowledge of defendant’s liability insurance unrelated to liability verdicts but moderately and positively related to size of awards. http://heinonline.org/HOL/LandingPage?handle=hein.journals/nebklr38&div=36&id=&page=
The influence of eyewitness nonidentifications on mock-jurors’ judgments of a court case. - Leippe, M. R. (1985). The influence of eyewitness nonidentifications on mock-jurors’ judgments of a court case. Journal of Applied Social Psychology, 15, 656-672. Two experiments examined the effect of an eyewitness nonidentificution on mock-jurors’ verdicts in robbery cases, as well as the effects of number of identifying eyewitnesses and status of the identifying witness (victim […]
The Influence of Perceived Causation on Judgments of Time: An Integrative Review and Implications for Decision-Making. - David Faro, Ann L. McGill and Reid Hastie; “The Influence of Perceived Causation on Judgments of Time: An Integrative Review and Implications for Decision-Making.” Frontiers in Psychology, 2013, 4. Recent research has shown that the perception of causality affects the judgment of elapsed time: an interval between an action and a subsequent event seems to […]
Does unconcious racial bias affect trial judges? - Rachlinski JJ, Johnson SL, Wistrich AJ, Guthrie C (2009) Does unconcious racial bias affect trial judges? Notre Dame Law Review 84: 1195–1246. Race matters in the criminaljustice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicitbiasisone possibility. Researchers,using a well-known measure called the Implicit Association Test, have found that most […]
Prejudicial publicity: Its effect on law school mock juries. - Kline, F. G., & Jess, P. H. (1966). Prejudicial publicity: Its effect on law school mock juries. Journalism Quarterly, 43, 113-116. At least 1 member in each of 4 juries exposed to prejudicial pretrial publicity mentioned it during deliberation, but 3 of 4 juries appeared to disregard the prejudicial evidence as instructed by the judge. […]
The entrapment defense. Juror comprehension and decision making. - Borgida, E., & Park, R. (1988). The entrapment defense. Juror comprehension and decision making. Law and Human Behavior, 12, 19-31. Most American jurisdictions follow either a subjective or an objective approach to the entrapment defense. In order to test some of the differences between the two approaches, student jurors viewed a videotaped cocaine trial and […]
Is the selection of cases for trial biased? - Wittman, D. (1985). Is the selection of cases for trial biased? Journal of Legal Studies, 14, 185-214. Tested Priest & Klein’s (1984) “50%” model. Plaintiff win rate considerably higher than 50%. Measures of plaintiff culpability and defendant culpability related to the difference between the plaintiff’s demand and the defendant’s offer. Plaintiff loss and defendant corporate […]
Jurors’ judgments of business liability in tort causes: Implications for the litigation explosion debate. - Hans, V. P., & Lofquist, W. S. (1992). Jurors’ judgments of business liability in tort causes: Implications for the litigation explosion debate. Law and Society Review, 26, 85-115. Criticisms of the civil jury, including charges that the jury is biased against business, have been central to debates over the litigation explosion and demands for tort […]
Punitive damages: Empirical findings. - Peterson, M., Sarma, S., & Shanley, M. (1987). Punitive damages: Empirical findings. Santa Monica, CA: Rand/Institute for Civil Justice. Based on cases that reached jury verdict in Cook County, Illinois, and San Francisco, California, from 1960 to 1984, this report presents analytically derived answers to questions surrounding the award of punitive damages: (1) how frequently […]
Procedural influence in small-group decision making: Deliberations style and assigned decision rule. - Kameda, T. (1991). Procedural influence in small-group decision making: Deliberations style and assigned decision rule. Journal of Personality and Social Psychology, 61, 245-256. Six-person mock juries discussed 2 civil cases in which applicable law required either a conjunctive or a disjunctive assessment of key evidence to find a defendant liable. Under these task requirements official […]
Informing jurors of their nullification power: A route to a just verdict or judicial chaos? - Niedermeier, K. E., Horowitz, I. A., & Kerr, N. L. (1999). Informing jurors of their nullification power: A route to a just verdict or judicial chaos? Law and Human Behavior, 23, 331-351. The current studies sought to test whether explicitly informing jurors of their power to nullify the law does invite “chaos,” defined by jurists […]
A comparison of male and female dominated juries in a case of coerced sex with a male plaintiff. - Hyme, H. S., Foley, L. A., & Pigott, M. A. (1999). A comparison of male and female dominated juries in a case of coerced sex with a male plaintiff. American Journal of Forensic Psychology, 17, 67-80. Research strongly demonstrates gender differences in attributions of responsibility in rape and sexual harassment cases. This study involves a […]
Jury emotional response and deliberation style. - Goldman, J., Freundlich, K. F., & Casey, V. A. (1983, Fall). Jury emotional response and deliberation style. The Journal of Psychiatry and Law, 11, 319-334. More tension release in deliberation for female juries, as well as those characterized by high trait-anxiety, low ego-level, and high authoritarianism. Male juries had higher disagreement rate than mixed or […]
Nonverbal involvement and sex: Effects on jury decision making. - Badzinski, D. M., & Pettus, A. B. (1994). Nonverbal involvement and sex: Effects on jury decision making. Journal of Applied Communication Research, 22, 309-321. This study investigated the influence of judges’ nonverbal involvement and sex on jury decisions. Our investigation found that jurors’ ratings of credibility, attractiveness and attentiveness were positively associated with nonverbal involvement […]
Six-member and twelve-member juries: An empirical study of trial results. - Mills, L. R. (1973). Six-member and twelve-member juries: An empirical study of trial results. University of Michigan Journal of Law Reform, 6, 671-711. No impact of jury size on liability verdicts. Percentage of verdicts for plaintiff varied by case type for 6-person juries but not 12-person juries. Six-person jury awards tended to be larger and […]
Religion as a defense in a mock-jury trial. - Johnson, S. D. (1985). Religion as a defense in a mock-jury trial. The Journal of Social Psychology, 125, 213-220. Johnson v. Louisiana, 406 U.S. 356 (1972). Forty-nine residents of “Middletown” and 121 students in the roles of jurors viewed videotapes of an abbreviated child abuse trial, in which the accused was portrayed by a defense […]
Valuing life and limb in tort: Scheduling “pain and suffering.” - Bovbjerg, R., Sloan, F. A., & Blumstein, J. F. (1989). Valuing life and limb in tort: Scheduling “pain and suffering.” Northwestern University Law Review, 83, 908-976. Severity of plaintiff injury on 9-point National Association of Insurance Commissioners scale was strongly and positively associated with damage awards, but substantial variance remained after controlling for injury severity. […]
The effect of polygraph evidence on mock jury decision-making. - Markwart, A., & Lynch, B. E. (1979). The effect of polygraph evidence on mock jury decision-making. Journal of Police Science and Administration, 7, 324-332. Modest effect of polygraph evidence on jury verdicts. Massive evidence of leniency shift in juror verdict preferences during deliberation without any polygraph data, moderate severity shift with unfavorable data, but only […]
Testifying on eyewitness reliability: Expert advice is not always persuasive. - Maass, A., Brigham, J. C., & West, S. G. (1985). Testifying on eyewitness reliability: Expert advice is not always persuasive. Journal of Applied Social Psychology, 15, 207-229. This study investigates the impact of different types of expert testimony regarding the unreliability of eyewitness identification. In two hypothetical court cases involving eyewitnesses, expert testimony was presented […]
Aggravation and mitigation in capital cases: What do jurors think? - Garvey, S. P. (1998). Aggravation and mitigation in capital cases: What do jurors think? Columbia Law Review, 98, 1538-1576. Perceived characteristics of crime related to jurors’ perceptions of remorse. http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1346&context=facpub
Litigation outcomes in state and federal courts: A statistical portrait. - Eisenberg, T., Goerdt, J., Ostrom, B., & Rottman, D. (1996). Litigation outcomes in state and federal courts: A statistical portrait. Seattle University Law Review, 19, 433-453. Plaintiff success rates varied considerably by case type in 14 years of federal district court data. Median awards varied considerably by case type. Striking similarity in plaintiff success rates […]
Effects of defendant ethnicity on juries’ dispositions of felony cases. - Daudistel, H. C., Hosch, H. M., Holmes, M. D., & Graves, J. B. (1999). Effects of defendant ethnicity on juries’ dispositions of felony cases. Journal of Applied Social Psychology, 29, 317-336. This research examined jury decisions in 317 noncapital felony cases in El Paso, Texas, and assessed the impact of juror ethnicity on jury trial […]
Does expert psychological testimony inform or influence juror decision making? A social cognitive analysis. - Kovera, M. B., Borgida, E., Gresham, A. W., Gray, E., & Regan, P. C. (1997). Does expert psychological testimony inform or influence juror decision making? A social cognitive analysis. Journal of Applied Psychology, 82, 178-191. The authors examined whether expert testimony serves an educational or a persuasive function. Participants watched a simulated sexual abuse trial […]
The effect of lie detector evidence on jury deliberations: An empirical study. - Carlson, S. C., Pasano, M. S., & Jannuzzo, J. A. (1977). The effect of lie detector evidence on jury deliberations: An empirical study. Journal of Police Sciences and Administration, 5, 148-154. USABLE RESPONSES WERE COLLECTED FROM 55 TO 100 JURORS SITTING ON MOOT TRIALS WHICH WERE PART OF A TRAINING PROGRAM IN TRIAL ADVOCACY AT […]
Jurors’ interpretations and jury decision making. - Holstein, J. A. (1985). Jurors’ interpretations and jury decision making. Law and Human Behavior, 9, 83-99. In arriving at their verdicts, jurors must determine “what really happened” in the case at hand. Their interpretations then guide their decision making and become influential in the group deliberation process. This article uses conversational data from simulated jury […]
Juror characteristics: To what extent are they related to jury verdicts? - Mills, C. J., & Bohannon, W. E. (1980). Juror characteristics: To what extent are they related to jury verdicts? Judicature, 64, 23-31. THE MAILED QUESTIONNAIRE (SENT ORIGINALLY TO 226 MALES AND 324 FEMALES RANDOMLY SELECTED FROM BALTIMORE JURY PANELS) FOCUSED ON THE JURY DECISION REACHED, THE JURORS’ PERCEPTION OF THEIR ROLE IN THE JURY PROCESS, […]
Victim consequences, sentence severity, and decision processes in mock juries. - Davis, J. H., Kerr, N. L., Stasser, G., Meek, D., & Holt, R. (1977). Victim consequences, sentence severity, and decision processes in mock juries. Organizational Behavior and Human Performance, 18, 346-365. No impact of victim consequence or sentence severity on verdicts (no jury convicted). Juries exposed to incongruent scenarios regarding victim suffering and sentence length […]
Reducing the effects of juror bias. - Kaplan, M. F., & Miller, L. E. (1978). Reducing the effects of juror bias. Journal of Personality and Social Psychology, 36, 1443-1455. Predeliberation guilt ratings strongly affected by evidence strength and affected somewhat by annoying attorney/judge behavior. Deliberation produced polarization shift in direction consistent with evidence; bias due to 3rd-party behavior reduced greatly by deliberation. […]
Some distribution patterns for the Georgia death sentence. - Barnett, A. (1985). Some distribution patterns for the Georgia death sentence. University of California, Davis Law Review, 18, 1327-1374. The scheme is based on an analysis of the circumstances and verdicts for about 600 murder cases arrested and charged with murder in Georgia between 1973 and 1978. Although these cases show immense variety, three primary […]
Do diverse juries aid or impede justice? - Klein, K. S., & Klastorin, T. D. (1999). Do diverse juries aid or impede justice? Wisconsin Law Review, No. 3 Special Issue, 553-569. Both judges and lawyers routinely assume that race or gender, or both, broadly act as place markers for particular viewpoints in American society. Historically, this assumption drove the conclusion that more diversity […]
Judge’s instruction on eyewitness testimony: Evaluation and revision. - Greene, E. (1988). Judge’s instruction on eyewitness testimony: Evaluation and revision. Journal of Applied Social Psychology, 18, 252-276. Studies of the reliability of eyewitness identification show that such testimony may frequently be inaccurate; because of this inherent unreliability, the law has established certain safeguards to the use of eyewitness evidence. One safeguard has been the […]
Juror note-taking and question asking during trials: A national field experiment. - Heuer, L., & Penrod, S. (1994). Juror note-taking and question asking during trials: A national field experiment. Law and Human Behavior, 18, 121-150. Juror notetaking and question asking is examined in 160 trials. Results do not support the hypotheses that juror notes aid memory or increase satisfaction with the trial or verdict. Jurors do not […]
Scientific juror selection: Sex as a moderator of demographic and personality predictors of impaneled felony juror behavior. - Moran, G., & Comfort, J. C. (1982). Scientific juror selection: Sex as a moderator of demographic and personality predictors of impaneled felony juror behavior. Journal of Personality and Social Psychology, 47, 1052-1063. Moran, G., & Comfort, J. C. (1986). Neither “tentative” nor “fragmentary”: Verdict preference of impaneled felony jurors as a function of attitude toward […]
A report on seven experiments conducted by district court judges in the second circuit. - Sand, L.B., & Riess, S. A. (1985). A report on seven experiments conducted by district court judges in the second circuit. New York University Law Review, 60, 423-497. The report describes the procedures, summarizes the reactions of the judges and attorneys involved, and provides the instructions and questionnaires used to elicit participants’ assessments of the […]
The effects of peremptory challenges on jury and verdict: An experiment in a federal district court. - Zeisel, H., & Diamond, S. S. (1978). The effects of peremptory challenges on jury and verdict: An experiment in a federal district court. Stanford Law Review, 30, 491-531. Compared actual juries with shadow “English” juries, shadow juries composed of excused jurors, and hypothetical juries without challenges during voir dire. Predicted likelihood of guilt for actual […]
Section 12 of the Canada Evidence Act and the deliberation of simulated juries. - Hans, V. P., & Doob, A. N. (1976). Section 12 of the Canada Evidence Act and the deliberation of simulated juries. Criminal Law Quarterly, 18, 235-253. Strong impact of defendant’s criminal record on jury verdicts (40% more convictions) but not individuals. Past record had large impact on content of deliberation and increased the salience of […]
Polygraph testimony and juror judgments: A comparison of the guilty knowledge test and the control question test. - Myers, B., & Arbuthnot, J. (1997). Polygraph testimony and juror judgments: A comparison of the guilty knowledge test and the control question test. Journal of Applied Social Psychology, 27, 1421-1437. The present experiment investigated the impact of the Control Question Test (CQT) and the Guilty Knowledge Test (GKT) on the verdicts of mock jurors. Although […]
Assessing medical malpractice jury verdicts: A case study of an anesthesiology department. - Liang, B. A. (1997). Assessing medical malpractice jury verdicts: A case study of an anesthesiology department. Cornell Journal of Law and Public Policy, 7, 121-164. Jury verdicts consistent with consensus judgments of expert anesthesiologists in 5 of 8 medical malpractice cases involving anesthesia. http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1226&context=cjlpp
The influence of standard of care and severity of injury on the resolution of medical malpractice claims. - Taragin, M. I., Willet, L., Wilczek, A., Trout, R., & Carson, J. (1992). The influence of standard of care and severity of injury on the resolution of medical malpractice claims. Annals of Internal Medicine, 117, 780-784. OBJECTIVE: To explore how frequently physicians lose medical malpractice cases despite providing standard care and to assess whether severity […]
Effects on mock jurors of experts favorable and unfavorable toward hypnotically elicited eyewitness testimony. - Spanos, N. P., Gwynn, M. I., & Terrade, K. (1989). Effects on mock jurors of experts favorable and unfavorable toward hypnotically elicited eyewitness testimony. Journal of Applied Psychology, 74, 922-926. Mock jurors were told that a rape victim’s initial identification of the defendant was made either during a police interrogation or a hypnotic interrogation. Jurors […]
Asymmetrical social influence in freely interacting groups: A test of three models. - Tindale, R. S., Davis, J. H., Vollrath, D. A., Nagao, D. H., & Hinsz, V. B. (1990). Asymmetrical social influence in freely interacting groups: A test of three models. Journal of Personality and Social Psychology, 58, 438-449. Using freely interacting mock juries, this study tested the predictions of 3 different models of social influence: social […]
Improving the ability of jurors to comprehend and apply criminal jury instructions. - Severance, L. J., & Loftus, E. F. (1982). Improving the ability of jurors to comprehend and apply criminal jury instructions. Law and Society Review, 17, 153-198. The complexity and linguistic construction of jury instructions can inhibit jurors’ ability to comprehend and apply the law. Study 1 analyzes questions asked by actual deliberating jurors in order […]
Obedience and responsibility: A jury simulation. - Hamilton, V. L. (1978). Obedience and responsibility: A jury simulation. Journal of Personality and Social Psychology, 36, 126-146. Restricting verdict options resulted in fewer convictions, especially when defendant’s action ordered by higher ranking superior. No impact of either IV on sentence. Employed a jury simulation to explore observers’ attributions of responsibility for destructive obedience with […]
The impact of pretrial publicity on jurors’ verdicts. - Padawer-Singer, A. M., & Barton, A. H. (1975). The impact of pretrial publicity on jurors’ verdicts. In R. J. Simon (Ed.), The jury system in America: A critical overview (pp. 123-139). Beverly Hills, CA: Sage. Juries exposed to negative pretrial publicity (i.e., defendant’s past record and retracted confession) considerably more likely to convict in 1 […]
The jury and the defense of insanity. - Simon, R. J. (1967). The jury and the defense of insanity. Boston: Little, Brown. Juries given the M’Naghten definition of insanity much less likely to hang or acquit by reason of insanity than juries receiving no definition or Durham definition. Form of expert testimony had little impact on jury verdicts in the 68 incest trials; […]
GENERATION X AND Y’S INFLUENCE IN THE JURY BOX - Carol L. Bauss, 50 Orange County Law. 42 (September 2008), Feature GENERATION X AND Y’S INFLUENCE IN THE JURY BOX The youngest generation of jurors constitutes an increasing percentage of today’s jury pools. Generation Y, born between 1980 and 2000, now makes up 20 percent of the U.S. population and likely an even higher percentage […]
Impact of hypnotic testimony on the jury. - Greene, E., Wilson, L., & Loftus, E. F. (1989). Impact of hypnotic testimony on the jury. Law and Human Behavior, 13, 61-78. In the past decade, the forensic use of hypnosis to enhance the memories of victims, witnesses, and defendants has sharply increased. A great deal of controversy surrounds this issue. Some commentators argue that […]
Quantifying burdens of proof: A view from the bench, the jury and the classroom. - Simon, R. J., & Mahan, L. (1971). Quantifying burdens of proof: A view from the bench, the jury and the classroom. Law and Society Review, 5, 319-330. Student mock juries less likely to acquit than juries composed of actual jurors. Asking jurors to make a probability estimate of defendant committing the crime decreased incidence of […]
Criminology: Juror reactions to attorneys at trial. - Diamond, S. S., Casper, J. D., Heiert, C. L., & Marshall, A. (1996). Criminology: Juror reactions to attorneys at trial. Journal of Criminal Law and Criminology, 87, 17-47. Attorneys mentioned on average 4 x during deliberation; most references to substantive points and not personal attributes. Reactions to expert testimony differed as a function of statistical […]
The effects of expert testimony concerning rape on the verdicts and beliefs of mock jurors. - Spanos, N. P., DuBreuil, S. C., & Gwynn, M. I. (1991-1992). The effects of expert testimony concerning rape on the verdicts and beliefs of mock jurors. Imagination, Cognition, and Personality, 11, 37-51. Expert testimony on rape myths affected jury verdicts. Conviction rate much higher when expert testimony elicited in direct examination than when absent or […]
Jury verdicts: Comparison of 6- vs. 12-person juries and unanimous vs. majority decision rule in a murder trial. - Buckhout, R., Weg, S., Reilly, V., & Frohboese, R. (1977). Jury verdicts: Comparison of 6- vs. 12-person juries and unanimous vs. majority decision rule in a murder trial. Bulletin of the Psychonomic Society, 10, 175-178. A total of 180 jurors from the Kings County, New York, Jury Assembly room served as mock jurors in a […]
Reconceptualizing punitive damages in medical malpractice: Targeting amoral corporations, not “moral monsters.” - Rustad, M., & Koenig, T. (1995). Reconceptualizing punitive damages in medical malpractice: Targeting amoral corporations, not “moral monsters.” Rutgers Law Review, 47, 975-1083. Conducted extensive national search of punitive awards in U.S. jury trials involving medical malpractice cases between 1963 and 1993. Steady increase in percentage of corporate defendants during interval. Plaintiff age moderately associated […]
Eisenberg, T., Garvey, S. P., & Wells, M. T. (1998). But was he sorry? The role of remorse in capital sentencing. Cornell Law Review, 83, 1599-1637. - Eisenberg, T., Garvey, S. P., & Wells, M. T. (1998). But was he sorry? The role of remorse in capital sentencing. Cornell Law Review, 83, 1599-1637. Perceived viciousness, future dangerousness and lack of remorse positively related to death penalty. Remorse was a stronger predictor of sentence in cases with low viciousness. http://www.lawschool.cornell.edu/research/cornell-law-review/upload/Eisenberg-et-al.pdf
Calibration Trumps Confidence as a Basis for Witness Credibility. - “Calibration Trumps Confidence as a Basis for Witness Credibility.” Elizabeth R. Tenney, Robert J. MacCoun, Barbara A. Spellman and Reid Hastie; Psychological Science, 2007, 18(1), pp. 46-50. Confident witnesses are deemed more credible than unconfident ones, and accurate witnesses are deemed more credible than inaccurate ones. But are those effects independent? Two experiments show that […]
Rule departures and making law: Juries and their verdicts. - Myers, M. A. (1979). Rule departures and making law: Juries and their verdicts. Law and Society Review, 13, 781-797. This study addresses the issue of rule departures and law-making activity by juries adjudicating guilt in felony cases. Analysis of data from a sample of jury trials suggests considerable conformity to rules. That is, jury verdicts […]
What are tort awards really like? The untold story from the state courts. - Ostrom, B., Rottman, D., & Hanson, R. (1992). What are tort awards really like? The untold story from the state courts. Law and Policy, 14, 17-101. The popular press frequently reports exorbitant money damage awards by juries. These stories cause paroxysms in the business community because juries are viewed as favoring plaintiffs over corporations. A […]
“Recipe for a jury” revisited: A balance theory prediction. - Fischoff, S. (1979). “Recipe for a jury” revisited: A balance theory prediction. Journal of Applied Social Psychology, 9, 335-349. This study examined the relationship of three variables to verdict confidence in an experimental simulation of the jury deliberation process. The three variables were: sex of juror, verdict (guilty or innocent), and the similarity or dissimilarity […]
In defense of punitive damages in product liability: Testing tort anecdotes with empirical data. - Rustad, M. L. (1992). In defense of punitive damages in product liability: Testing tort anecdotes with empirical data. Iowa Law Review, 78, 1-88. The insurance industry, tort reformers, journalists, and some academics claim that punitive damages in products liability are skyrocketing and out of control creating a litigation crisis. Despite the rhetoric, little is known […]
Juror decision making: A case of attitude change mediated by authoritarianism. - Lamberth, J., Krieger, E., & Shay, S. (1982). Juror decision making: A case of attitude change mediated by authoritarianism. Journal of Research in Personality, 16, 419-434. Studied individuals important to jury decision-making processes, i.e., those who change their minds. Results showed no consistent differences in race, sex, or age for changers and nonchangers and authoritarians […]
What Happened on Deliberation Day? - “What Happened on Deliberation Day?” David Schkade, Cass R. Sunstein and Reid Hastie; California Law Review, 2007, 95(3), pp. 915-40. What are the effects of deliberation about political issues? This essay reports the results of a kind of Deliberation Day, involving sixty-three citizens in Colorado. Groups from Boulder, a predominantly liberal city, met and discussed […]
Determinants and Consequences of Jury Racial Diversity: Empirical Findings, Implications, and Directions for Future Research - Samuel R. Sommers, Determinants and Consequences of Jury Racial Diversity: Empirical Findings, Implications, and Directions for Future Research. Social Issues and Policy Review, Volume 2, Issue 1, pages 65–102, December 2008 One of the ideals underlying any jury system is that those groups of citizens charged with the responsibility of deciding cases should be representative […]
Jury nullification: The impact of judicial instructions, arguments, and challenges on jury decision making. - Horowitz, I. A. (1988). Jury nullification: The impact of judicial instructions, arguments, and challenges on jury decision making. Law and Human Behavior, 12, 439-453. The present study was conducted to determine the effects of nullification information to the jury from two sources, judge’s instructions and lawyers’ arguments, on juries’ verdicts and decision making in three […]
Jury deliberations, voting, and verdict trends. - Reed, J. P. (1965). Jury deliberations, voting, and verdict trends. The Southwestern Social Science Quarterly, 45, 361-370. Criminal juries often departed from normative behavior in talking about non-evidential topics; civil juries performed somewhat better. http://www.jstor.org/stable/42867769?seq=1#page_scan_tab_contents
Forgotten racial equality: Implicit bias, decision-making and misremembering. - Levinson JD (2007) Forgotten racial equality: Implicit bias, decision-making and misremembering. Duke Law Journal 57: 345. In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way […]
Social transition schemes: Charting the group’s road to agreement. - Kerr, N. L. (1981). Social transition schemes: Charting the group’s road to agreement. Journal of Personality and Social Psychology, 41, 684-702. Outlines a stochastic model of the group decision-making process: the social transition scheme model. Two key assumptions are identified: (1) The path-independence assumption holds that where the group goes next depends on its current […]
Medical malpractice and the American jury: Confronting the myths about jury incompetence, deep pockets, and outrageous damage awards. - Vidmar, N. (1995). Medical malpractice and the American jury: Confronting the myths about jury incompetence, deep pockets, and outrageous damage awards. Ann Arbor, MI: University of Michigan Press. Less than 10% of cases went to trial; 50% settled. Plaintiff win rate low and median award very modest (especially for malpractice cases). This book deals only […]
An information-processing model of jury decision making. - Boster, F. J., Hunter, J. E., & Hale, J. L. (1991). An information-processing model of jury decision making. Small Group Research, 18, 524-547. An experiment was designed to test a model of jury decision making. This model, the linear discrepancy model, is an information-processing model which posits that when jurors hear an argument during deliberation, […]
Procedural influence in two-step group decision making: Power of local majorities in consensus formation. - Kameda, T., & Sugimori, S. (1995). Procedural influence in two-step group decision making: Power of local majorities in consensus formation. Journal of Personality and Social Psychology, 69, 865-876. Procedural influence in consensus formation across multiple subgroups was examined. When a cross-sectional decision must be established by a joint conference of all members, 2 consensus procedures […]
Principled moral reasoning and self-monitoring as predictors of jury functioning. - Rotenberg, K. J., Hewlett, M. G., & Siegwart, C. M. (1998). Principled moral reasoning and self-monitoring as predictors of jury functioning. Basic and Applied Social Psychology, 20, 167-173. Seventy-eight undergraduate students who had been administered the Defining issues Test (DIT) and the Self-Monitoring Scale (SMS) participated as jurors in mock trials. Consistent with expectation, the […]
Looking deathworthy: Perceived stereotypicality of Black defendants predicts capital-sentencing outcomes. - Eberhardt JL, Davies PG, Purdie-Vaughns VJ, Johnson SL (2006) Looking deathworthy: Perceived stereotypicality of Black defendants predicts capital-sentencing outcomes. Psychological Science 17: 383–386. Researchers previously have investigated the role of race in capital sentencing, and in particular, whether the race of the defendant or victim influences the likelihood of a death sentence. In the present […]
Jurors’ views of civil lawyers: Implications for courtroom communication. - Hans, V. P., & Swiegart, K. (1993). Jurors’ views of civil lawyers: Implications for courtroom communication. Indiana Law Journal, 68, 1297-1332. Juror reactions to attorneys driven by perceptions of demeanor, emotionality, and organization; jurors did not like extremely high or low levels of emotion or badgering witnesses. Jurors very skeptical of attorneys and reported little […]
Voices from an empty chair: The missing inference and the jury. - Webster, T., King, N., & Kassin, S. M. (1991). Voices from an empty chair: The missing inference and the jury. Law and Human Behavior, 15, 31-42. According to the empty chair doctrine, lawyers may comment on the absence of a prospective opposing witness and judges may invite the jury to draw adverse inferences from that […]
The effects of consensus requirements and multiple decisions on mock juror verdict preferences. - Davis, J. H., Holt, R. W., Spitzer, C. E., & Stasser, G. (1981). The effects of consensus requirements and multiple decisions on mock juror verdict preferences. Journal of Experimental Social Psychology, 17, 1-15. After watching a simulated rape trial, prerecorded on videotape, mock jurors either did or did not expect to sentence a defendant following […]
Effects of the dynamite charge on the deliberations of deadlocked mock juries. - Smith, V. L., & Kassin, S. M. (1993). Effects of the dynamite charge on the deliberations of deadlocked mock juries. Law and Human Behavior, 17, 625-643. No impact on verdicts of dynamite charge given after 20 min of deliberation in deadlocked juries, but minority faction jurors changed votes at a higher rate afterward, and subsequent […]
Another look at social psychological aspects of juror bias. - Sealy, A. P. (1981). Another look at social psychological aspects of juror bias. Law and Human Behavior, 5, 187-200. Two trials were constructed by tape recording verbatim reports taken in court. One was a case of theft, the other of rape, involving two defendants and varying the amount of incriminating evidence. Subjects were recruited to […]
Racism in the jury box: The Hispanic defendant. - Lipton, J. P. (1983). Racism in the jury box: The Hispanic defendant. Hispanic Journal of Behavioral Sciences, 5, 275-290. Men more lenient on predominantly female jury; women harsher on predominantly male jury. Using 5-point guilt scale, White jurors more likely to change verdict preference toward “innocence” on predominantly Hispanic jury; Hispanic jurors more likely to […]
Be careful what you wish for: The paradoxical effects of bifurcating claims for punitive damages. - Landsman, S., Diamond, S., Dimitropoulos, L., & Saks, M. J. (1998). Be careful what you wish for: The paradoxical effects of bifurcating claims for punitive damages. Wisconsin Law Review, 1998, 297-342. No impact of trial bifurcation (liability vs. punitive) on jury verdicts; jurors hearing all evidence somewhat more likely to judge plaintiff liable, but no […]
Juror decisions about damages in employment discrimination cases. - Greene, E., Downey, C., & Goodman-Delahunty, J. (1999). Juror decisions about damages in employment discrimination cases. Behavioral Sciences and the Law, 17, 107-121. This article examines influences on mock juror and jury decision making regarding damages in an employment discrimination case. We examined the effects of expert economic testimony, suggested awards, and conflicting economic testimony […]
Authoritarianism and decisions of mock juries: Evidence of jury bias and group polarization. - Bray, R. M., & Noble, A. M. (1978). Authoritarianism and decisions of mock juries: Evidence of jury bias and group polarization. Journal of Personality and Social Psychology, 36, 1424-1430. A mock-jury experiment investigated the effects of authoritarianism on juror and jury decisions and examined the generalizability of the group polarization hypothesis for a simulated jury […]
Group decision making and social influence: A social interaction sequence model. - Stasser, G., & Davis, J. H. (1981). Group decision making and social influence: A social interaction sequence model. Psychological Review, 88, 523-551. Discusses the social interaction sequence (SIS) model, which represents the group decision-making process in terms of the sequential choice behavior—changes in preference and certainty—of group members. This model states that the probabilities of […]
Hath he suffered enough? Effects of jury dogmatism, defendant similarity, and defendant’s pretrial suffering on juridic decisions. - Shaffer, D. R., Plummer, D., & Hammock, G. (1986). Hath he suffered enough? Effects of jury dogmatism, defendant similarity, and defendant’s pretrial suffering on juridic decisions. Journal of Personality and Social Psychology, 50, 1059-1067. 288 undergraduates were randomly assigned to 6-person juries (that were in turn assigned to 8 experimental conditions) to assess the culpability […]
The capital jury project: Rationale, design, and preview of early findings. - Bowers, W. J. (1995). The capital jury project: Rationale, design, and preview of early findings. Indiana Law Journal, 70, 1043-1102. Drawing upon rather lengthy interviews with 80 to 120 capital jurors in each participating State, the CJP is examining the extent to which juror exercise of capital sentencing discretion is still infected with or now […]
The influence of forepersons and nonforepersons on mock jury decisions. - Foley, L. A., & Pigott, M. A. (1997). The influence of forepersons and nonforepersons on mock jury decisions. American Journal of Forensic Psychology, 15, 5-17. Examined whether forepersons were more influential than other members of mock juries in a civil trial. 87 university students (aged 17–47 yrs) and 103 jury eligible residents (aged 19–84 yrs) […]