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Use of Survey Evidence for Jury Selection in Criminal Trials

NCJ Number
159262
Journal
Australian Journal of Forensic Sciences Volume: 27 Issue: 1 Dated: (January-June 1995) Pages: 25-34
Author(s)
H Selby
Date Published
1995
Length
10 pages
Annotation
In highly publicized criminal cases, the court may need to conduct a pretrial survey of the potential jury population so the trial judge can take an informed, active role in jury selection.
Abstract
There is a clearly recognized need in criminal trials for the trial judge to ensure the accused receives a fair trial. A properly designed survey can be used to identify members of the jury panel whose prejudgment militates against a dispassionate approach to evidence. Such a survey can also assist the trial judge in devising tailored jury instructions. Additionally, survey findings can be used to disqualify some potential jurors and to help the trial judge craft jury instructions that neutralize "tentative" juror opinions. In the absence of a survey, the ability of prosecutors, defense lawyers, and the court to elicit highly relevant information about potential jurors may be very limited. Lessons learned from cases in Australia about the value of a properly designed and administered pretrial survey of jurors are discussed, as well as evidentiary issues in the use of surveys. 12 endnotes