Just thought I'd post some articles that I have read, if anyone is interested.
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Jury Service - What to Expect (AZ):
"The right of a trial by jury is the privilege of every person in the United States. The right is guaranteed by the U.S. Constitution and Arizona Constitution. Specifically, the Arizona Constitution provides, "the right of trial by jury shall remain inviolate." FAILURE TO APPEAR AS DIRECTED MAY SUBJECT YOU TO PENALTIES BY LAW...."
http://www.azcourts.gov/juryduty/JuryServiceWhattoExpect.aspx
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Unnatural Selection
There's a thriving industry built on the scientific selection of jurors, but the jury is out on just how accurate it is, or whether it gives legal adversaries an edge.
"...Consultants can build an image of their perfect juror (or the juror from hell), but then real people show up. When no one fits the prototype, "that's when you have to rely on your instinct and your ability to evaluate how people respond, what you hear in their voice, who they're interacting with during breaks," Dimitrius explains. "To me that is the art."..."
http://www.psychologytoday.com/articles/200703/unnatural-selection
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Jury Selection and Decision making
"A key part of this process is stereotyping. This involves noticing something about the person and, based on this, attributing them to a particular group of people, then assuming the person has the charac*teristics of that group. An example might be notic*ing that the defendant has several tattoos and stereo*typing him or her as criminal because it is believed that all criminals have several tattoos...."
http://homepage.ntlworld.com/gary.sturt/crime/jury.htm
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IN THE VALLEY OF THE BLIND:
A PRIMER ON JURY SELECTION IN A CRIMINAL CASE
"...It has been said that the jury selection is a journey into madness that ends in a quagmire of guesses and speculations. Trying to predict what a juror will do is like looking through a glass darkly...."
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3603&context=lcp
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prehabilitation issues in voir dire:
prehabilitation:
"...when jurors are asked leading questions in voir dire as to whether they can be fair despite their admission of potentially biasing attitudes, values, beliefs or experiences..."
http://www.thejuryexpert.com/2014/08/note-from-the-editor-6/
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The Ubiquitous Practice of Prehabilitation Leads Prospective Jurors to Conceal Their Biases
"The sole legal purpose of voir dire is to expose bias in prospective jurors so as to seat a fair, impartial jury (Law.com). However, many practices and psychological pressures conspire together to reduce the likelihood of achieving this purpose. For example, attorneys not only attempt to sway prospective jurors to their side during voir dire, but both judges and attorneys attempt to rehabilitate any biases they detect (although of course attorneys really just want to excuse those who are biased in the wrong direction). Unfortunately, there is evidence that most rehabilitation attempts are ineffective..."
http://www.thejuryexpert.com/2014/0...s-prospective-jurors-to-conceal-their-biases/
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Why Do We Ask Jurors To Promise That They Will Do the Impossible?
"...Would you be able to set aside that experience/attitude/belief and decide this case only on the evidence you hear in this courtroom? ...we often make it hard for jurors to express any doubts about whether they can do the impossible... When a juror expresses his or her unease and reservations based upon actual life experiences, as opposed to stating such attitudes in response to vague or academic questioning, it is not appropriate for the trial court to attempt to rehabilitate a juror into rejection of those expressions
Lets take the concepts of set aside and rehabilitation off the shelf of tools approved for jury selection and use instead the types of questions that will help jurors, as well as attorneys and judges, make these critically important assessments..."
http://www.thejuryexpert.com/2014/0...-to-promise-that-they-will-do-the-impossible/
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The Psychology of Voir Dire
"..In this paper a psychological approach to conducting voir dire will be presented...In the psychological approach to conducting voir dire, voir dire is aimed at identifying jurors whose beliefs prevent them from an open and fair hearing...
-Develop Voir Dire Questions for Key Evidence and Themes
-Develop Voir Dire Questions that Reveal Juror' Belief Systems-...Belief system is defined as the totality of an individual's values, attitudes, and opinions..
-Develop Voir Dire Questions about Life Experiences
http://www.thejuryexpert.com/2010/11/the-psychology-of-voir-dire/
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What the literature tells us about the jury foreperson
"...This accumulated research knowledge reveals common foreperson behavioral tendencies, traits and attributes, as well as possible outcomes associated with being foreperson....
Forepersons' Effects On Deliberation
... a few jurors actually changed their vote to follow the way Victoria [the foreman] voted...
...fellow jurors view forepersons as more influential than the average juror...
... forepersons can have a major effect on damage awards or verdict outcome ..
Overall, the research on jury forepersons shows that the foreperson is typically an older, highly educated, extraverted male with prior jury service who was the first one to speak (usually to suggest a foreperson be selected) and sitting at the head of the table. This person given the title of foreperson is likely to speak two to three times more than the average of the remaining jurors, and the verdict is most likely going to reflect what this person thought before deliberations....
http://www.thejuryexpert.com/2010/11/what-the-literature-tells-us-about-the-jury-foreperson/
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Stealth juror
"A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome..."
http://en.wikipedia.org/wiki/Stealth_juror
Stealth' Jurors Don't Disclose Bias, Then Seek to Sway Peers in Trial
"...The case spotlights what many jury consultants and lawyers say is a growing phenomenon. Motivated by a desire for fame or money or by strong views about a case, "stealth" jurors present themselves as impartial so they'll be chosen to sit on a jury or remain on a jury and then try to sway other jurors during deliberations. Lawyers and trial consultants attribute the change to heightened court coverage since the O.J. Simpson trial...."
http://online.wsj.com/articles/SB996532049765780987
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Interesting and eye-opening.
:seeya:
