A consortium of scholars conducted the Capital Jury Project (CJP), a large scale multistate research initiative in the 1980s, to find out what causes a jury to sentence death to some defendants but not to others. Devine and Kelly (2015) used the full data set of CJP which consisted of 1198 jurors from 335 capital trials held in 14 states. Certain conditions were set and observed for data collection and inclusion or exclusion of some particular factors. Focal variables for this study were jury sentence, legally relevant case characteristics, trial characteristics, deliberation characteristics, first-vote preference distributions, and participants’ demographic characteristics. Devine and Kelly (2015) omitted some of the cases from their study. …show more content…
This study was also unique as the non-CJP studies conducted by social scientists were based on laboratory method and the role of jurors and defendants was played by participants. So a real time situation could not be assessed unless the actual jurors are interviewed and assessed. Hence, the CJP provided useful data for analyses with different perspectives. In addition to it, a large CJP data was collected over cases of number of years and different regions so it served well for the analyses. Although the data was large and it was collected from 14 states, yet, this data does not qualify to be implemented throughout the states. The demographic variables, compositions of jury, nature of cases, and other such factors do not make this data a necessary fit at all levels. There is no doubt that nearly 700 variables were considered for this data set and the possibility of human error to process such a large data can never be ruled out. Devine and Kelly (2015) studied selected variables so this selection could have affected the results as few closely related variables might have been ignored in the
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
In the book, Twelve Angry Men, by Reginald Rose, the reader gets a demonstration of the jury system, with all its flaws and its positives. In this informal essay, I will show some of the positives and negatives of the jury system. After this analysis, you will see that the jury system is flawed, due to people like Juror 7. Juror 7’s attitude and beliefs are a prime example of how the jury system can have negative consequences.
For the past 45 years in the world of academia only 206 articles were published about jury simulations with the inclusion of jury deliberations (Devine, Clayton, Dunford, Seying & Pryce, 2001). This is a rate of about 4.6 articles per year, a very small number in comparison to all the articles that are published with out jury deliberations. Jury deliberations are an important aspect of juror studies. There has always been ongoing concern amongst researchers about whether jury decision-making can be adequately replicated and studied in the lab. In order to achieve this the focus has often been that if a representable sample is used then the results can be highly generalizable to the public. This paper will attempt to argue that differences between a student sample and community based sample in mock jury studies are minimal and that
Juries are embedded in the foundation of America. Preceding the revolution, trials were dictated solely by judges, which led to flawed rulings. After numerous taxes were passed in court in the colonist’s favor, the American Revolution had its start, and would continue until the United States became a recognized nation. In this nation, a right to trial by jury was granted and protected by the Constitution. The significance of this decision is seen in the courtroom, where the people’s vote is what stands between the government.
Author Seymour Wishman has a well-regarded background in the law system as he has practiced criminal law for both the defense and the prosecution during his career. Wishman’s purpose for writing this book is to educate the average American about the process of the jury system. Wishman also makes it a point show the average American the perception of being in a jury and how they perceive others. Many Americans have minimal knowledge of the United States legal system. Wishman seeks to educate the average American of how a jury works, what it is like to be in a jury, and more about the United States legal system.
Our country’s judicial system helps many individuals that are convicted of crimes, but sometimes, the jurors are at fault and falsely choose a verdict. In our jury system, there are the obvious challenges, such as bias against the defendant or unnecessary verbal
The increasing length and complexity of jury cases has led
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Frank, M. (2011). Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study. In review.law.umm.edu. Retrieved November 29, 2014, from http://review.law.umn.edu/wp-content/uploads/2011/04/Frank_MLR.pdf
Between this time and November 3rd 1994 the jury of 12 was selected out of a venire of 304 perspective jurors. All 304 perspective juror’s had a seventy five page questionnaire to complete to determine eligibility for the trial. Both the prosecuting and defending teams set out to present their case. The trial lasted 134 days in 1995 and is renowned for the media coverage from inside
In the Canadian Charters of Rights and Freedoms (1982) under section 11, it is stated that a person that has been charged with a criminal offence, has the right to a trial by jury. For many years jury trials have been under constant criticism in regards to the jury’s inability to adequately perform the responsibilities entrusted to them. Many studies have been performed looking into the jury selection process, jury bias, pre-trial publicity exposure and attitudes/personality of a juror, in order to increase the jury’s abilities to perform their responsibilities to present a fair trial. In the case People v. Weatherton (2014), the inappropriate behaviour of a jury member lead to a legal dispute regarding the final verdict. This behaviour lead to a lengthy investigation with the final decision, made by the Supreme Court of California, to reverse the guilty verdict. As a member of the jury, it is important to understand the responsibilities one must uphold while deciding whether a person is guilty or not guilty.
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a
The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people
assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be
The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.