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NCJ Number: 52256 Add to Shopping cart Find in a Library
Title: VOIR DIRE EXAMINATION, JUROR CHALLENGES, AND ADVERSARY ADVOCACY
Author(s): G BERMANT; J SHAPARD
Corporate Author: Federal Judicial Ctr
United States of America
Date Published: 1978
Page Count: 58
Sponsoring Agency: Federal Judicial Ctr
Washington, DC 20002
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: PROBLEMS INHERENT IN UNDERSTANDING THE ROLE AND IMPORTANCE OF THE VOIR DIRE EXAMINATION ARE ANALYZED IN REGARD TO THE FUNCTIONS AND EFFECTIVENESS OF THE ADVERSARY SYSTEM.
Abstract: CATEGORIES OF RESEARCH PROBLEMS NOTED INCLUDE PROBLEMS OF INTERESTS (THE TRIAL ADVOCATE'S UNDERSTANDABLE INTERESTS IN SUCCESS), PROBLEMS OF CRITERIA (ESTABLISHING CRITERIA OF GOOD JURY FUNCTIONING THAT DO NOT DEPEND ON THE JURY'S FINAL FINDING OF FACT), PROBLEMS OF PARAMETERS (KNOWING HOW TO SPECIFY THE IMPORTANT INDEPENDENT OR INPUT VARIABLES THAT INFLUENCE THE EFFECTIVENESS OF VOIR DIRE AND CHALLENGE PRACTICES), AND PROBLEMS OF METHODOLOGY (THESE PROBLEMS STEMMING FROM THE INABILITY TO DIRECTLY INVESTIGATE THE DYNAMICS OF THE JURY PROCESS). SOME NEW THEORIES AND INFORMATION ARE EXAMINED INCLUDING A MATHEMATICAL MODEL OF JURY SELECTION. THIS MODEL PLOTS THE CHANGES IN THE AVERAGE BIAS OF A 12-MEMBER JURY AS A FUNCTION OF THE SELECTION STRATEGIES OF DEFENSE AND PROSECUTION ATTORNEYS. USING THIS MODEL MAKES IT EASIER TO UNDERSTAND THE RELATIVE SUPERIORITY OF THE STRUCK JURY METHOD TO OTHER, SEQUENTIAL, METHODS OF JURY SELECTION. IT IS CONCLUDED THAT THE MAJOR PROBLEM BEFORE POLICYMAKERS IN THE COURTS IS DEFINING APPROPRIATE GOALS FOR JURY SELECTION. IN PARTICULAR, THE DISTINCTION BETWEEN A REPRESENTATIVE JURY AND AN UNBIASED JURY IS NOT CLEARLY UNDERSTOOD. THIS REPORT PLACES IN A LARGER CONTEXT THE INFORMATION AND OPINIONS CONTAINED IN AN EARLIER REPORT PRODUCED BY THE FEDERAL JUDICIAL CENTER. TABULAR DATA AND REFERENCE NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--) (FCW)
Index Term(s): Juries; Jury selection; Voir dire
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=52256

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