Juries and decision making
Why are juries "passive spectators"
they cant ask questions during the trial, cannot discuss the trial with friends or family, and have to absorb and store as much information as they can during a trial.
What is the strongest predictor of verdict?
strength of evidence
procedure where juries vote initially and then sort evidence
What do moderate reformers want to do with the Jury system?
Are Judges less biased?
not always but they should be impartial and have no biases.
Referred to as the mental meter, continuously being updated with new evidence or material.
What is the mathematical model in jury decision making?
What is the liberation hypothesis?
when evidence is ambiguous and juries start to use prior beliefs or pre-trial publicity to make judgements
Procedure where the vote is postponed until after the jury discusses evidence.
What is an evidence-driven procedure?
What do radical reformers want to do with jury system?
Completely overhaul or abandon the jury system. Leave deliberation to judges.
who is more influenced by bias and emotions, jurors, or judges?
judges are influenced by bias and emotions as much as jurors.
What is the story model in jury decision making?
what kind of pretrial publicity is known to affect juries judgment
Negative pretrial publicity
When juries use compelling arguments to show the other jurors why they believe the defendant may or may not be guilty.
benefits of allowing jury discussion at trial
Can help clarify misunderstandings, recalling of evidence, jurors can maybe follow the rules better.
What is the percentage of agreement rate between judges and juries?
74% criminal, 78% civil
are juries more or less likely to treat those of their own race more lenient?
Which side does pre-trial publicity favor?
The prosecution
When someone gives into group pressure
Normative influence.
Simplifying instructions, providing pre-instructions or allowing jury discussion during trial.
2 reasons juries and judges may disagree?
juries are more lenient, judges are more focused on legal considerations, experienced jurors more conviction prone, differences of opinions, etc
If the defendant is suffering or injured, are juries more or less likely to be lenient?
more likely
people are more likely to assume someone is guilty if?
When does the reconciliation phase happen in deliberation?
In the end when everyone can agree and be satisfied with a verdict.
Juries may ignore laws in favor of prejudice, they may be more lenient on sympathetic defendants.
juries allow unpopular decisions, judges are sometimes seen as unfair, juries allow for community standards to dictate in a way judges cant, etc.