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NCJRS Abstract

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NCJ Number: 51844 Find in a Library
Title: IDENTIFYING AND CONTROLLING THE EFFECTS OF BIASES IN CRIMINAL TRIALS BY JURY
Author(s): J A LINDMARK
Date Published: 1975
Page Count: 13
Sponsoring Agency: Eric Document Reproduction Service
Arlington, VA 22210
Sale Source: Eric Document Reproduction Service
P. O. Box 190
Arlington, VA 22210
United States of America
Language: English
Country: United States of America
Annotation: THREE CHANGES IN TRIAL PROCEDURE ARE PROPOSED TO MINIMIZE THE EFFECTS OF INDIVIDUAL JUROR BIAS AND THOSE BIASES THAT ARE ARTIFICIALLY INDUCED BY LAWYERS.
Abstract: FIRST, SINCE CERTAIN PERSONALITY TYPES ARE LIKELY TO MAINTAIN WHATEVER PREJUDICES THEY BRING TO COURT, NO ONE SHOULD BE EXEMPTED FROM JURY DUTY UNLESS THEY ARE MENTALLY RETARDED OR PHYSICALLY INCAPACITATED IN SUCH A WAY AS TO MAKE JURY SERVICE IMPOSSIBLE. THIS WOULD NOT ELIMINATE JUROR BIAS BUT WOULD BROADEN THE VENIRE IN ORDER TO MORE ACCURATELY REFLECT THE BIASES OF THE TOTAL COMMUNITY. SECOND, SINCE MOST JURORS HAVE A VERDICT IN MIND BEFORE THEY LEAVE THE JURY BOX, UNANIMOUS VERDICTS SHOULD BE ELIMINATED. THIS WOULD DECREASE THE EFFECT OF INDIVIDUAL BIASES OF EITHER THE MAJORITY OR MINORITY IN JURY DELIBERATIONS. THIRD, LAWYER-DERIVED BIASES MAY BE ELIMINATED BY DOING AWAY WITH BOTH CAUSE AND PEREMPTORY CHALLENGES. TOO OFTEN LAWYERS USE JURY SELECTION AS A MEANS TO SEAT JURORS WHO HAVE BIASES FAVORABLE TO THEIR SIDE OF THE CASE. IN MANY CASES, DURING VOIR DIRE PROSPECTIVE JURORS LEARN TO GIVE THE 'RIGHT' ANSWER, GLOSSSING OVER THEIR ACTUAL FEELINGS. REFERENCES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--KBL)
Index Term(s): Jury selection; Reform; Techniques
Note: PAPER PREPARED FOR ANNUAL MEETING OF SPEECH COMMUNICATIONS ASSN, HOUSTON, TX, DECEMBER 1975
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51844

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