What Books about Juries Reveal about Social Science and Law

Constable, Marianne

doi:10.1086/492338

Cited by 3 publications

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“…Despite the enormous amount of research and scholarly attention focused upon the jury—from juror characteristics and verdicts to jury dynamics and deliberations (e.g., Constable, 1991; Hans & Vidmar, 1991; Kalven & Zeisel, 1966)—comparatively little attention has been given to the process by which juries are actually selected in typical (as opposed to capital or highly publicized) cases. Although ours was an exploratory study designed to determine whether or not direct observational study of the voir dire process could yield useful data pertinent to current discussions of voir dire reform, we believe it has demonstrated the preliminary feasibility of such a method and identified some important legal and empirical issues that merit further study.…”

Section: Discussionmentioning

confidence: 99%

Felony voir dire: An exploratory study of its content and effect.

Johnson

Haney

1994

Law and Human Behavior

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The practice of voir dire has a venerable history in the United States. However, despite numerous historical and legal discussions of the topic, and the increased participation of social scientists in the process, few empirical studies have been conducted on what actually occurs during voir dire. The lack of normative data is especially troublesome in the face of recent attacks on the process itself and numerous proposals to drastically limit or even prohibit what many regard as an important criminal justice safeguard—attorney-conducted voir dire in felony trials. This exploratory study attempts to provide some insight into the nature and content of felony voir dire. Our results—based on direct observation as well as juror interview responses—suggest that much of the criticism and calls for drastic reform may be misplaced.

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Section: Discussionmentioning

confidence: 99%

Felony voir dire: An exploratory study of its content and effect.

Johnson

Haney

1994

Law and Human Behavior

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“…While there is consistent evidence in the social science literature that the racial composition of juries can affect conviction rates for defendants of different races (Constable, 1991) there are few empirical data that directly examine the issue of juror race and trust in courtroom participants. Evidence of racial effect on juries has not gone unnoticed in legal circles, however (see for instance, Serv and Maney, 1988).…”

Section: Introductionmentioning

confidence: 99%

The effect of race on prospective jurors’ trust in courtroom participants: A research note

Williams

McShane

Small

et al. 1998

The Justice Professional

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Recent controversial trials have again raised questions about the composition of juries and jury members' attitudes. This study explores the effect of a prospective juror's race on the amount of trust ascribed to major courtroom participants. Based on a survey of individuals eligible for jury duty, we find that race demonstrates an independent effect on trust levels. African-American prospective jurors were least likely to ascribe trust to prosecution actors (authorities) and most likely to ascribe trust to defense actors, but these attitudinal positions resulted in an essentially neutral position. Hispanics demonstrated levels of trust between African-Americans and Whites. Whites provided the greatest attitudinal difference between trust of prosecution and defense, with the lowest defense trust scores and the highest prosecution trust scores.

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“…And social scientists and lawyers, deploring the misuse and abuse of social science research in the courtroom, explain how to improve legal use of social science. (Constable, 1991, p. 354)Although I think this is a bit too generous a view of the current status of psychology and other social sciences in the legal system, there can be little doubt that things are done differently now than even 10 years ago in many areas of law and that the contributions that psychologists have made to legal change are partly the reason.…”

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confidence: 95%

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Psychology and legal change: The impact of a decade.

Haney¹

1993

Law and Human Behavior

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This article takes stock of one aspect of psychologically based empirical jurisprudence—its role in legal change over the last decade. It assesses the ways in which the increased involvement of psychology in the legal process has influenced and affected the nature and direction of legal change. While acknowledging very real and tangible successes, it also identifies several problem areas, ones whose significance may grow in light of an increasingly unsympathetic, conservative judiciary. The direction of psychology and law, as an applied academic discipline, and the future of empirically based legal change are also examined.

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What Books about Juries Reveal about Social Science and Law

Cited by 3 publications

References 0 publications

Felony voir dire: An exploratory study of its content and effect.

Felony voir dire: An exploratory study of its content and effect.

The effect of race on prospective jurors’ trust in courtroom participants: A research note

Psychology and legal change: The impact of a decade.

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