skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64418 Find in a Library
Title: JURY SIZE AND DECISION RULE (FROM JURY - ITS ROLE IN AMERICAN SOCIETY, 1980, BY RITA J SIMON - SEE NCJ-64417)
Author(s): D A VOLLRATH; J H DAVIS
Corporate Author: Lexington Books
United States of America
Date Published: 1980
Page Count: 34
Sponsoring Agency: Lexington Books
New York, NY 10022
National Science Foundation
Arlington, VA 22230
Grant Number: BNS 77-15216
Type: Report (Study/Research)
Format: Document
Language: English
Country: United States of America
Annotation: RESEARCH BEARING UPON JURY SIZE AND THE DECISION RULE IS REVIEWED TO DETERMINE THE AFFECT OF BOTH FACTORS ON VERDICTS.
Abstract: A REVIEW OF RESEARCH ON THE EFFECTS OF JURY SIZE REVEALED LITTLE UNCONTESTED EVIDENCE. MANY OF THE METHODOLOGICAL SHORTCOMINGS PERVADING THESE STUDIES ARE APPARENTLY DUE TO THE SUBTLE NATURE OF SOME JURY-SIZE EFFECTS, AS WELL AS TO THE HIGHLY CRITICAL ATMOSPHERE IN WHICH THE ISSUE HAS DEVELOPED. GRADUALLY, THE ISSUE OF JURY SIZE HAS BROADENED FROM CONCERN WITH VERDICTS TO DIFFERENCES IN THE PROCESS OF JURY DELIBERATION. THE ISSUE HAS ALSO EXPANDED FROM AN EMPIRICAL INQUIRY TO THEORETICAL DEMONSTRATIONS. FOLLOWING THE SUPREME COURT'S DECISION ALLOWING NONUNANIMOUS JURIES, NUMEROUS MOCK TRIAL EXPERIMENTS SHOWED THAT SUCH JURIES WERE LESS LIKELY TO HANG THAN THOSE DELIBERATING UNDER A TRADITIONAL UNANIMITY RULE WHEN HEARING A CRIMINAL CASE. THE LACK OF EFFECT DUE TO DECISION RULE ON THE NEGLIGENCE AND AWARD DECISIONS OF CIVIL JURIES MAY REFLECT THE COMPROMISE INVOLVED IN AGREEING ON AN AMOUNT OF DAMAGES. A FEW STUDIES WHICH VARIED BOTH SIZE AND DECISION RULE OBSERVED NO SIGNIFICANT INTERACTION BETWEEN THE TWO VARIABLES. VARIOUS PREDICTIONS FROM THE MANY MODELS OF JURY DECISIONMAKING NOW AVAILABLE SUGGEST THAT THE EFFECTS OF DECISION RULE ARE LARGER THAN THOSE OF JURY SIZE, THOUGH NEITHER TENDS TO BE SIGNIFICANT. CONCEPTUALLY, SIZE AND RULE ARE INTERRELATED, NOT ONLY WITH ONE ANOTHER, BUT WITH THE PROBABILITY OF AN INDIVIDUAL VOTING FOR CONVICTION OR ACQUITTAL, THE NUMBER OF ALTERNATIVES, AND THE NATURE OF THE CASE. REFERENCES, GRAPHS, AND TABULAR DATA ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--RCB)
Index Term(s): Critiques; Jury decisionmaking; Jury size changes; Research; Verdicts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64418

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.