RECENT RESEARCH. Saks, M. and Marti, M. (1997) "A Meta-Analysis Jury Size", Law and Human Behavior 21:

Similar documents
STUDENT STUDY GUIDE CHAPTER SIX

Psychology and Law. I. How are jurors influenced by witnesses, the defendant, and the judge? A. How are jurors influenced by eyewitness testimony?

Psychological Reports, 1982, 50, Psychological Reports 1982

What Does "Unwilling" to Impose the Death Penalty Mean Anyway? Another Look at Excludable Jurors

Written Evidence. Criminal Verdicts (Scotland) Bill. The Law Society of Scotland s Written Evidence. December 2015

The Effect of Jury Deliberations on Jurors' Propensity to Disregard Inadmissible Evidence

By Richard Waites, J.D., Ph.D. The Advocates Jury Consultants and Trial Consultants

Hung Juries: Are They a Problem?

Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?

On the Frequency of Non-Unanimous Felony Verdicts In Oregon. A Preliminary Report to the Oregon Public Defense Services Commission

Steps in the Process

EMPIRICAL ASSESSMENT OF THE ESCABINATO JURYSYSTEM

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

Sixth Amendment. Fair Trial

THE TWELVE-PERSON FEDERAL CIVIL JURY IN EXILE

CHAPTER. Criminal Trial. Upper Saddle River, NJ 07458

Jan Hoth, for appellant. Meredith Boylan, for respondent. Innocence Project, Inc.; Legal Aid Society et al., amici curiae.

Mock Trial Practice Law Test

Courtroom Roles and Responsibilities

Copyrighted material Reprinted by permission Do Not reproduce

ACP/078/81 (Secr) Brussels, 9 February 1981 Tr: AD

Supervise Whom? Disciplinary Offences Committed by Incarcerated Persons (1)

REACHING A VERDICT. WITNESS APPEAL Attractiveness of defendant Witness confidence Child witnesses

Data Protection in the European Union. Data controllers perceptions. Analytical Report

Mock Trial: People of the World v. the Mongols

The Judicial Branch. Three Levels of Courts in the U.S.

Journal of Business & Economics Research February, 2009 Volume 7, Number 2

Justice Committee. Criminal Justice (Scotland) Bill. Written submission the Law Society of Scotland

MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE

MOCK TRIAL PROCEDURE

[The following paragraph should be given when the court gives the final instructions after the closing arguments:

Case 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from Victim Support Scotland

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiff, Civ. No (RHK/JJK) v. JURY INSTRUCTIONS

Directions: Read each of the questions or statements below, then choose the correct answer from those provided.

GENERAL CLOSING INSTRUCTIONS. Members of the jury, it is now time for me to tell you the law that applies to

English 1301/ Angry Men Test

Pages , Looking Back

THIRD SECTION. CASE OF G.B. AND R.B. v. THE REPUBLIC OF MOLDOVA. (Application no /09) JUDGMENT STRASBOURG. 18 December 2012 FINAL 18/03/2013

Examination of witnesses

Guidelines for Performance Auditing

ICJ RULES OF PROCEDURE

trial preparation packet

The jury panel is selected by lot from all the names of registered voters or from persons having a valid driver s license.

Pre-voir dire instruction of the jury pool: A natural experiment

WRITING FOR TRIALS 1

Jury Directions Act 2015

STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine

NORTHEASTERN UNIVERSITY SCHOOL OF LAW

Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA (800)

Juries Can Put the Law Aside. By Edward W. Silver

Assessing the impact of the Sentencing Council s Burglary offences definitive guideline

A New Proposal on Special Majority Voting 1 Christian List

Deliberation and Dissent: 12 Angry Men versus the Empirical Reality of Juries

CIVIL TRIAL LAW CERTIFICATION STANDING COMMITTEE POLICIES 100 ADMINISTRATION

Court of Appeals of Ohio

Votes Based on Protracted Deliberations

Main findings of the joint EC/OECD seminar on Naturalisation and the Socio-economic Integration of Immigrants and their Children

The Criminal Court System. Law 521 Chapter Seven

A GENERAL TYPOLOGY OF PERSONAL NETWORKS OF IMMIGRANTS WITH LESS THAN 10 YEARS LIVING IN SPAIN

The Jus Semper Global Alliance Living Wages North and South

JURY INSTRUCTIONS BEFORE VOIR DIRE EXAMINATION-CRIMINAL

EMPIRION EVIDENCE ORDINANCE

How effective is participation in public environmental decision-making?

Special Eurobarometer 469. Report

Course Court Systems and Practices. Unit VII Courtroom Professionalism and Personnel

Detailed Contents SECTION I: THE PURPOSE AND STRUCTURE OF AMERICAN COURTS

A jury consultant culls the latest research into practical advice on winning challenges for cause

The Waning of the American Jury

International Court of Justice (ICJ) Committee Guide

Council Decision of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection (2011/167/EU)

INTRODUCTION OF EXHIBITS AT TRIAL THE BASICS

National Labor Relations Board

Defense: Your goal is to convince as many members of the jury as possible that Abigail Williams is innocent of murder. 4 Attorneys

2.2 THE SOCIAL AND DEMOGRAPHIC COMPOSITION OF EMIGRANTS FROM HUNGARY

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Civil Justice Reforms:

Case5:11-cv LHK Document1901 Filed08/21/12 Page1 of 109

When the Law is the Problem

Case 2:11-cr HH-FHS Document 133 Filed 08/16/12 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Judges and Juries as Evaluators of Expert Testimony

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER ON AN EU APPROACH TO MANAGING ECONOMIC MIGRATION. (presented by the Commission)

21.6 Right to Appear Free of Physical Restraints

Diamond View Elementary Bylaws of School Advisory Council Prepared by: Principal and School Advisory Council Revised and approved 09/08/2015

1. If several suspected offenders are involved in the same criminal. accusation or indictment, no defense attorney shall be allowed to represent

Impact of Judicial Commentary Concerning Eyewitness Identifications on Jury Decision Making, The

Migration of early middle-aged population between core rural areas to fast economically growing areas in Finland in

Thurgood Marshall: The Lawyer as Judge

Do Capital Jurors Understand Mitigation? Why mitigation? 4/13/2011. Aggravation vs. Mitigation

No th JUDICIAL DISTRICT COURT'S CHARGE

MEDIA USE IN THE EUROPEAN UNION

CASE WEIGHTING STUDY PROPOSAL FOR THE UKRAINE COURT SYSTEM

Case 5:17-cv CBM-RAO Document 446 Filed 11/16/18 Page 1 of 5 Page ID #:17580

Canadian Judicial Council Final Instructions. (Revised June 2012)

ERRATA SHEET FOR ROBINSON, CRIMINAL LAW: CASE STUDIES & CONTROVERSIES, THIRD EDITION (as of March 25, 2013)

Majorities attitudes towards minorities in European Union Member States

HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS

A M E R I C A N S O C I E T Y O F T R I A L C O N S U L T A N T S. The Jury EXPERT

GREATER CAMBRIDGE CITY DEAL EXECUTIVE BOARD TERMS OF REFERENCE

Overview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.

Transcription:

RECENT RESEARCH EMPIRICAL STUDIES ON JURY SIZE Saks, M. and Marti, M. (1997) "A Meta-Analysis Jury Size", Law and Human Behavior 21: 451-467. of the Effect of Though most people are familiar with the term jury, this does not imply there is a consensus on how the term is defined. Nevertheless, descriptions do share some characteristics in cornmon in terms of type of jury, jury size and decision rule. Two models of jury prevail i.e., the laypeople's jury and the escabinato jury, the later being composed of laypeople and legal experts. As for jury size, the number of jurors may range from 3 jurors (e.g., in Germany where the jury is composed of two laypeople and a judge) to 15 jurors (as is the case in Scotland). SimilarIy, we observe a variety of decision rules i.e., simple majority, 2/3 majority, qualified majority (simple majority for a not guilty verdict and 7 out of 9 jurors for a guilty verdict), or unanirnity. Thus, a typical definition of the jury rnight read that it is a number of laypeople, normally 12,\iwho seek to reach a verdict, generally by unanimity, in a '. '\ trial. With reference to jury size, in Williams v. Florida (1970) the U.S. Supreme Court ruled that juries composed of 6 jurors were equivalent to those composed of 12 jurors in terms of the quality of the deliberation, reliability of the jury's fact-finding, the verdict ratio, the ability of dissenters on the jury to resist majority pressure to conform, and the jury's capacity to provide a fair cross-sectional representation of the community. Criticism against this ruling was swift to come, particulariy from the social sciences. Surprisingly, the studies cited by the U.S. Supreme Court to support its ruling indicate quite the opposite. Studies undertaken by Asch (1952) reveal that a rninority of 1 against 5 is under greater psychological pressure than 2 against 10. Likewise, Zeisel (1971), using standard sampling & Expert Evidence 6: 227-231,1998. ~' 1998 Kluwer Academic Publishers. Printed in the Netherlands.

228 RECENT RESEARCH theory analysis, has shown that a minority accounting for 10% of the population would be represented by at least 1 juror in 72% of 12 member juries. This percentage falls to 47% in 6 member juries. Furthermore, a series of ad hoc studies (17 in total) were revised by Saks and Marti in order to carry out a meta-analysis. The results have been classified according to the different dependent variables. ~J~'" (1) With reference to the representation of minority groups, the result is highly consistent and significant i.e., a minority in a small jury would have between 36-37% to 63-64% less of a probability of being represented in a jury. (2) As for the deliberation time, in 10 of the 11 studies where this variable was measured the deliberations were longer in large as opposed to small juries. Though the differences in deliberation time were not considerable, it is worth pointing out that the deliberation time is not as relevant as the depth and scope of the deliberation i.e., reference to the evidence, ideas, etc. (3) Another variable to be assessed was memory of evidence though this was only present in two studies. It appears that larger juries are more accurate in their discussions concerning trial testimony than smalljuries; and the former's post-deliberation recall of the evidence was significantly greater than in smaller juries. (4) In relation to the number of hung juries, 15 of the studies that evaluated this variable showed that the number of hung juries was greater for larger juries than smaller ones. However, the difference is not significant if we bear in mind the context under which these results were obtained. In other words, in mock juries 18.6% were hung, whereas in real juries the number was 1.1%, which highlights that the real frequency of hung juries is low. We should stress that, for some authors, the number of hung juries is in effect an indicator of the good performance of the system. (5) In comparison to smaller juries, statistical sampling theory has shown that there is greater tendency for the verdict of larger juries to coincide with the verdict preference expressed by the wider community. Thus, if larger juries reach a greater number of guilty verdicts in a given study, it would be reasonable to expect a greater number of guilty verdicts in contrast to

RECENT RESEARCH 229 smaller juries. The results obtained from 10 studies, however, do not appear to substantiate this hypothesis since no significant differences were observed. (6) In civillaw cases involving awards, the meta-analysis revealed that the average awarded was greater for smaller juries than for larger ones, which is in line with psychological theory. However, it should be pointed out that the analysis only consisted of the observation and comparison of the means without any statistical tool, and the data were only reliable in 3 studies. Taking into account that the reduction in jury size significantly infiuences the decision process, it would seem reasonable to argue in favour of enlarging the jury beyond 12. It would be reasonable to expect that enlarging the jury would optimise its performance by widening the scope of social representation, increasing deliberation times, improving evidence recall, all be it at the expense of increasing the number of hung juries. However, this is not simply a question of arriving at a magic number, we should note that enlarging the jury size does not automatically entail raising the quality of the decision making process (Steiner, 1972). In other words, the ratio of jury size and efficient decision making has a maximum high. Though the above mentioned factors shed light on jury performance, we should not fail to consider other contextual factors that infiuence jury decision making. ''Wirst~the results of the meta-analysis highlight the consistency,, among the inter-studies, inter-methods (experimental, correctional, quasiexperimental) and inter-contextual (different trial cases, different settings and trial medium); in other words, they are reliable (Wicker, 1975). Second, these findings have been obtained with unanimous juries (save the 10 juries that had a quorum of 5/6 or the 10 juries of 10/12). This has important implications since it is well known that, in contrast to unanimous decision rules, the deliberations of majority juries are verdict driven. That is, they begin with a vote, the evidence is then discussed in order to support the verdict, and each juror defends only one verdict. In contrast, unanimous juries are characterised by deliberations driven to the evidence i.e., they make more references to the evidence, establish more connections between the evidence and legal issues; are longer; examine in

230 RECENT RESEARCH greater detail the evidence; discuss various possibilities; and carry out a more exhaustive and detailed deliberation. Moreover, unanimous juries are influenced by a "sense of integration" (that is, they compare and link the evidence), whereas majority juries apply the "principle of exclusion" (e.g., witnesses tend to be classified as credible or not) (Hastie et al., 1983). On these grounds, the U.S. Supreme Court in Johnson v. Louisiana (1972), perrnitted the majority vote. Thus, Saks (1982) has argued that the implementation of these two measures, i.e., reductio in jury size and decision rule, could have drastic results that would eventually lead to the undermining of the jury system. Third, the variables assessed in the studies under consideration focus on pre-trial factors (e.g., representatíon of minority groups) and the outcomes (e.g., awards or verdicts) but provide few clues as to the factors involved in the deliberation process (content analysis, establishing links between evidence and legal issues, etc.). Hastíe et al. (1983) have highlighted how a reduction in the decision rule lead to distortions in the deliberation content. In our empirical study of the content of the deliberation (Fariña et al., in press), 6 and 12 member juries with unanimous decision rules were observed to differ in that the forrner made fewer references to the evidence i.e., their analysis of the evidence was not as exhaustive, and they made fewer prodefendant arguments (this was in two cases in which the majority of jury verdicts favoured with guilt). In short, larger juries tend to integrate and analyse both pro-guilty and not guilty evidence to a ; greater extent than do smaller juries. REFERENCES Fariña, F., Arce, R. and Vila, C. (in press) "Efectos de la composición del jurado en los estilos deliberativos, análisis cognitivo y de contenido de la deliberación", Anuario de Psicología. Hastíe, R., Penrod, S. and Pennington, N. (1983) Inside (he Jury. Cambridge, Mass: Harvard University Press. Johnson v. Louisiana (1972) 92 US, 1935. Saks, M.J. (1982) "Innovation and Change in the Courtroom", in Kerr, N.L. and Bray, R.M. (eds.), The Psychology 01 (he Courtroom. New York: Academic Press. Steiner, I.D. (1972) Group Process and Productivity. New York: Academic Press.

RECENT RESEARCH 231 Wicker, A.W. (1975) "An Application of a Multipletrair-Multimethod Logic to the Reliability of Observational Records", Personality and Social Psychology Bulletin 4: 575-579. Zeisel, H. (1971) "And Then There Were None: The Dirninution of Federal Jury", University ofchicago Law Review 35: 228-241. Department of Psychology University of Santiago de Compostela Spain RAMON ARCE \i~ ",