The State of the Science
Author: Dennis J. Devine
Publisher: NYU Press
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making Dennis J. Devine examines over 50 years of research on juries and offers a “big picture” overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
The Psychology of Juror Decision Making
Author: Reid Hastie
Publisher: Cambridge University Press
Provides a comprehensive and understandable summary of the major theories of juror decision making.
The Jury System and the Ideal of Democracy : with a New Preface
Author: Jeffrey B. Abramson
Publisher: Harvard University Press
This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.
Author: Stanley L. Brodsky
Publisher: Guilford Press
A pragmatic guide to a growing area of professional practice, this book describes the multiple roles of the trial consultant and provides tools for carrying them out competently and ethically. Leading authority Stanley Brodsky uses examples from actual trials and depositions to illustrate how knowledge and skills from psychology and related fields are applied in the legal context. He shows how to use scientific methods and findings to assist with jury selection, help attorneys focus their arguments, prepare witnesses for the rigors of cross-examination, and conduct change of venue evaluations. The examples are drawn from a wide range of civil and criminal cases. In addition to behavioral scientists, legal professionals also will find important insights and strategies in this book.
Psychological Science and the Law
Author: Cynthia Najdowski,Margaret Stevenson
Publisher: Oxford University Press
The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before. Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contemplate myriad legal issues that arise when jurors decide criminal cases as well as cutting-edge psychological research that can be used to not only understand the performance and experience of the contemporary criminal jury, but also to improve it. Chapter authors grapple with a number of key issues at the intersection of psychology and law, guiding readers to consider everything from the factors that influence the initial selection of the jury to how jurors cope with and reflect on their service after the trial ends. Together the chapters provide a unique view of criminal juries with the goal of increasing awareness of a broad range of current issues in great need of theoretical, empirical, and legal attention. Criminal Juries in the 21st Century will identify how social science research can inform law and policy relevant to improving justice within the jury system, and is an essential resource for those who directly study jury decision making as well as social scientists generally, attorneys, judges, students, and even future jurors.
Author: Joel D. Lieberman,Bruce Dennis Sales
Publisher: Amer Psychological Assn
"Given the importance of trial consultants to the modern-day practice of law, Scientific Jury Selection is designed to be informative for psychologists, other professionals interested in trial consulting (e.g., sociologists, communication experts, marketing researchers, psychiatrists, and social workers), and attorneys. The authors provide a thorough review of the most common techniques used to select jurors and a critical, social-science-based evaluation of the ultimate effectiveness of these methods. The nature and mechanics of the voir dire process, the use of community surveys, and the influence of demographic factors on scientific jury selection are among the many topics given a close examination by the two authors, who are pioneers in the field. Psychologists and other social scientists as well as practicing trial consultants who read the book will gain a better understanding of the current state of research relevant to scientific jury selection, emerging trends, and areas in which new research needs to be conducted to advance the field. Attorneys who read the book will be better positioned to decide whether to hire consultants to assist in future litigation, and if so, what types of services these consultants should provide"--Jacket. (PsycINFO Database Record (c) 2007 APA, all rights reserved)
Psychology in the Courtroom
Author: Daniel A. Krauss
The first of a two-volume set on the Psychology of the Courtroom, Jury Psychology: Social Aspects of Trial Processes offers a definitive account of the influence of trial procedures on juror decision-making. A wide range of topics are covered including pre-trial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.
The New Science of Criminal Injustice
Author: Adam Benforado
"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--
Myth, Controversy, and Reform
Author: Edie Greene
Publisher: Oxford University Press
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
Author: Reid Hastie,Steven Penrod,Nancy Pennington
Publisher: The Lawbook Exchange, Ltd.
Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.
Gain an Edge in Questioning and Selecting a Jury
Author: Jeffrey T. Frederick
Publisher: Amer Bar Assn
This much anticipated and expanded Third Edition by one of the nation's most experienced trial consultants goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This valuable guide will help you understand effective voir dire and jury selection strategies and adapt them to the unique circumstances you face in your trial jurisdiction.
Author: Margaret Bull Kovera
Publisher: American Psychological Association (APA)
This volume summarizes what is known about the psychology of juries and offers a robust research agenda to keep scholars busy in years to come.
Winning Trials with Strategic Psychology, Modern Trial Science, Emerging Principles from Other Disciplines
Author: Bruce B. Whitman
The most important people in any courtroom are the jurors. Unfortunately, jurors are often hiding from the lawyers, knowingly or unconsciously repressing their innermost feelings. This repression, unexposed, can doom even the best cases and lawyers to defeat. With more than 30 years of experience in front of juries, Whitman explains how to use proven psychological and psychiatric principles and methods in the courtroom to lead the jury to a verdict and damage award for the plaintiff. He explains how such principles as transference, positive regard, unity, group dynamics, and humanism can overcome natural juror resistance to awarding large ? or even small ? damages and verdicts. He explains how to incorporate the strategies of respected trial scientists, such as David Ball ("Damages") and Rick Friedman ("Rules of the Road"), into his own psychology-based methods to maximize the chance of success in the courtroom. Whitman's thesis is that instead of focusing on their own performance and inner struggles, the most successful trial lawyers concentrate on what the jurors need from the lawyer and how the jury perceives the trial.
Author: Jennifer K. Robbennolt,Valerie P. Hans
Publisher: NYU Press
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
The New Science Of Jury Consulting
Author: Neil Kressel,Dorit Kressel
Publisher: Basic Books
A new — and largely hidden — profession has emerged during the past three decades. Drawing on the techniques of modern social science, psychology, and market research, its practitioners seek to remake the way we pursue justice in the United States. Trial consultants help lawyers to pick - some would say, stack — juries predisposed to render the "right" verdict. And consultants apply sophisticated research methods to predict how jurors are likely to respond to arguments, witnesses, and evidence. Based on the results of the research, they craft case strategies, help to prepare witnesses, and test and retest arguments — all before a single word is uttered in open court. For fees that sometimes approach six, or even seven, figures, the new jury experts offer attorneys and their clients what they most desire — a way to remove uncertainty.What are we to make of this new industry? Do the techniques work? Is this, as some critics have argued, a new form of high-tech jury-rigging, not much more acceptable than cruder forms of jury tampering? Or do the methods of jury consultants amount to little more than an extension of what attorneys have always done? One thing is clear. The profession is growing steadily. Jury consultants have already made their mark in big-money civil cases. And they have played key roles in prominent criminal trials. After hearing jurors acquit in the O. J. Simpson case, the first person thanked by defense attorney Johnnie Cochran was his jury expert. The burgeoning of the trial consulting industry seems destined to continue. During the past few years, firms have started to offer low-cost consultations, sometimes conducting research for as little as 2000 per case. For better or worse, the wares of the trial consultant are now within the reach of many who previously deemed them too expensive. When a new trade roams the halls of our legal system, aspiring to change America's road to justice, we had all best pay attention. This book will reveal the "tricks of the trade" and explore the many ways in which trial consultants have infiltrated the courtroom. The authors — a social psychologist and an attorney — present cases where consultants arguably have been responsible for huge jury awards and controversial criminal verdicts. However, it is not their purpose to launch an all-out attack on this growing industry. Instead, they aim to pull back the curtains, allowing a fair and balanced assessment of a new phenomenon in American justice.To achieve this objective, the authors must address issues that lie at the very heart of the American jury system. Are juries fickle? Are they easily swayed? Are jurors influenced — as many have charged — by their age, gender, race, ethnicity, occupation, intellect, personality, or politics? Here, the authors sort through the work of many jury researchers, arriving at conclusions that are balanced and credible. They conclude with sensible and far-reaching proposals for change.
Author: Harry T. Reis,Charles M. Judd
Publisher: Cambridge University Press
This indispensable sourcebook covers conceptual and practical issues in research design in the field of social and personality psychology. Key experts address specific methods and areas of research, contributing to a comprehensive overview of contemporary practice. This updated and expanded second edition offers current commentary on social and personality psychology, reflecting the rapid development of this dynamic area of research over the past decade. With the help of this up-to-date text, both seasoned and beginning social psychologists will be able to explore the various tools and methods available to them in their research as they craft experiments and imagine new methodological possibilities.
The Psychology of the Criminal Justice Process
Author: Dan Simon
Publisher: Harvard University Press
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
Author: Aidan Sammons,David Putwain
What does a criminological psychologist actually do? Most people picture a modern-day Sherlock Holmes, helping the police to solve crimes, but the reality is far more interesting and complex. Psychology and Crime offers a fascinating introduction to criminological psychology, providing the reader with a comprehensive grounding in everything from cognitive forensics to police interviewing. Concise, informative and accessible, the book explores a range of theories to understand criminal behaviour, from the physiological to the social. It covers a range of contexts within the criminal justice system where psychology offers unique insights, including police investigation, the perspective of witnesses and victims, and courtroom proceedings. Thoroughly updated throughout to reflect developments in the field, and featuring new chapters covering cybercrime, terrorism and insights from neuroscience, this edition also includes a student-friendly ‘Apply your learning’ feature and case studies to bring the research to life. Accessibly written for all levels, and with concise coverage of both classic and contemporary psychological theory, this is the ideal book for anyone studying criminal or forensic psychology.
Author: Geoffrey Stephenson
The Psychology of Criminal Justice integrates aspects of psychology's contributions to criminology and to socio-legal studies within a single narrative framework. It does this by describing the interpersonal and group dynamics of decision-making at key stages in the processing of accused persons from the time an alleged offence is committed to the moment sentence is passed. The book bears directly on many current debates concerning the ability of the criminal justice system to deliver reliable verdicts. It recognizes the interdependence of decision makers in the system and addresses questions at an appropriately social-psychological level. The book examines systematically and critically the dynamics of criminal decision-making, the response of victims, the assumptions, attitudes and behavior of police officers, the conduct of court proceedings, the performance of witnesses, the strengths and weaknesses of juries, and the sentencing of magistrates and judges. Discussions of law and morality, the attribution of blame in court and in everyday life, and the achievement of justice in interpersonal and organizational contexts, provide a definitive account of the social psychology of law in the context of criminal justice. Problems with our adversarial system of justice have led to the establishment of a Royal Commission on Criminal Justice. It is commonplace to seek a scapegoat in the behavior of one or other protagonist in the system - especially the police. It will become clear to readers of this book that breakdowns of the system are a product of persuasive interpersonal and intergroup processes of organization, reaching well beyond the behavior of any one agent.
Author: Michael J. Saks,Barbara A. Spellman
Publisher: NYU Press
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.