a speedy trial and an impartial trial by a jury of your peers
§ Prosecution
has to prove guilt “beyond a reasonable
doubt” §
85-90% certain?
§ Designed
to protect the innocent and convict the guilty
§ Blackstone § Better
Ratio:
than 10 guilty men go free than 1 innocent man go to
jail §
Ultimate procedural safeguard?
Georgia Jury Service Ø Qualifications
in order to be considered for the jury.
Must be a U.S. citizen § Must be a resident of the county where the case is held § Must be 18 years old or older § Must understand/speak English. § Can’t have a mental illness, § Can't be a convicted felon §
Ø Ways
to be exempt from jury duty.
Work in a position that is necessary to the public health § Are a full-time college, university, or other post-secondary school student § Are the primary caregiver for a child under 6 years old § Are 70 or older § Certain positions in the military §
Voire Dire: What? § Pretrial
legal proceeding mandated by federal or state statute
§ Judge
and/or attorneys formally examine groups of prospective jurors (called the venire)
§ Array
of questions: demographics, case knowledge; case specific attitudes
§ In
federal court the judge asks the questions
Voire Dire: Why? Has a variety of goals: 1. 2.
3.
Ingratiate self with jury Educate jury about case relevant law or central issues in the case Primary goal: Attempt to uncover biases that jurors might have
Voire Dire: How? Challenges for Cause § §
Unlimited Exclude jurors who § § § § Ø
exhibit clear bias hold overt prejudices disagree with fundamentals of due process not eligible for jury duty Judges can and do ask jurors to set biases aside § Croker & Kovera (2010) – juror rehabilitation in insanity defense cases
Voire Dire: How? Preemptory Challenges § Ø
Limited; number varies by jurisdiction more severe case the more you get Exclude juror without stating a reason § Attorneys do this for a number of subjective reasons §
Jury Selection Strategies
Traditional Jury Selection (TJS) Ø Based
on “common sense” & stereotypes (Fulero & Penrod, 1990)
avoid jurors with crossed arms or “fidgety” mannerisms § favor those who smile § criminal defense attorneys should challenge women, Englishmen, and Germans, but keep Irishmen §
Ø Does
it work?
Ø Demographics
✗
Appealing idea § Findings are mix – sometimes it matters, sometimes it doesn’t §
Ø Personality? §
~
Biggest predictor, hands down, is authoritarianism §
More likely to endorse conventional values, respect authority, and act punitively toward people who defy authority or conventional norms
Biases in Jury Selection Selection is more like Jury de-selection à it is an exclusionary process
§ Jury
§ Cannot
exclude people based on cognizant (recognizable) groups § Batson
v. Kentucky, 1986 – Race § J.E.B. v. Alabama, 1994 – Gender § Attorneys
tend to make up reasons to exclude jurors based on cognizant groups (Sommers, 2006; Sommers & Norton, 2008)
Sommers & Norton (2007) Challenge 23% 47%
Challenge
Juror 1
77%
Juror 2
53%
Systematic Jury Selection (SJS) § Use
statistical analysis to test for relationships between juror characteristics and attitudes about the case.
§
Relies on the assumption that individuals’ attitudes and can predict evaluations of evidence verdicts
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significant relationships. Theory should guide our data analysis. However, ... In SJS, data mining becomes the norm. Therefore, I usually ..... Important Variables in Jury Selection. Variable. Number of important cases. Percentage of studies. 1. Educ
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