Assembling a jury - venire
a panel of prospective jurors
Assembling a jury - impartial vs. representative
impartial - constitutional guarantee
representative - if not, can run into problems, but not guaranteed
People dismissed - excused
example: college student may be excused because of classes
People dismissed - voir dire
attorneys/judges question prospective jurors
peremptory challenges: attorneys have a certain number of jurors they can dismiss for any reason
challenges for the cause: judge, unlimited (ex. age restrictions, death qualified jurors)
Does impartial = uninformed?
problem - media
not guaranteed; should still be able to serve
Scientific Jury Selection is based on what assumption?
that dispositions, attitudes, and demographics reliably correlate with jury behavior
(not especially good predictors)
attorney "test runs" testimony on a parallel jury to see how they respond
usually the first person to speak, one who says they have experience, role of mediator (usually middle-aged men)
What does a jury talk about?
50% personal experience/opinion
25% procedural issues
8% judges instructions
15% talk about testimony
How long does a jury talk?
55% < 1 hour
74% < 2 hours
Elect foreman, then vote - 1/3 unanimous, 6% hung
Who changes their mind?
women - starting to change, but still evident
the minority opinion
(12 Angry Men - won't happen)
How do jurors reason?
1. story model - which story do they like better; only remember facts from that story
2. theory-evidence coordination model - take bits of information, decide which theory they support, go with theory with the most support
theory: lying leads to increased arousal
accuracy - 65% or higher
false positives 37% and false negatives 24%
can beat the system
improvements: control question test, guilty knowledge test
How to get a confession
1. demand characteristics of situation - don't make the room look like a police station
2. techniques of distortion - no food, cigarettes
3. distort social-psychological situation - good cop/bad cop, "fine, don't tell me," stand over
4. use personality and clinical techniques - soft spot
5. semantic and verbal distortion - don't use "rape," "kill," etc.
1 out of 5
compliant vs. internalized (Paul Ingram)
jurors believe it, but it's not very reliable
problems - weapon-focus effect, cross-race identification, memory errors
rights - lose some, obviously; keep human rights
overcrowding, racial tension, loneliness
33% of criminals end up back in the system
prison study; being given a role changes behavior