Juries Flashcards
Arguments For Juries
Allows for a “trial by peers” reflects the publics view of justice, guards against biases/memory errors that a single person holds and there is no reasonable alternative.
Arguments Against Juries
Rarely random selection of jurors, court issues may be complex, jurors are unable to detect attempts to manipulate them, they have biases and prejudice, they have no knowledge of the legal system and they make trials long and expensive.
Mathematical Models of Juror Processing
Bayesian Inference Model - Start with initial opinion, then update this based on evidence
Algebraic Model - Start with initial opinion then update this based on evidence and weighting (importance) attributed to each piece of evidence.
These models lack evidence.
Story Model of Juror Processing
Jurors are active assessors of information and reach a decision through three phases,
(integrate information, learn decision alternatives, make a decision)
Phase 1: Integrate Information
construct a causal chain of events based on trial evidence, knowledge about similar events and expectations about stories:
coverage - uses all information from trial
coherence - story must make sense
uniqueness - no alternative explanation
Phase 2: Learn Decision Alternatives
At the end of the trial, the judge notifies the jury of their decision options. Some options may be difficult to comprehend.
Phase 3: Make A Decision
Using the story and the decision options, the jury reaches a verdict and notifies the judge.
Biases in Juries
Influence information processing (eg confirmation bias), influence decision making (eg heuristics) and influence perceptions of the offender (eg they are linked to trial so must be guilty (guilt bias)).
Why are Juries and Investigators Susceptible to Biases
Biases and heuristics are used when information is unclear or ambiguous (like in a trial), when there is time pressure or if content of the trial is anger provoking (if sad provoking, processing will be slower and more systematic.
Overcoming Biases in Juries
Need to have awareness of own biases but also biases the group may fall into (eg groupthink) and biases witnesses or experts may have. By monitoring biases, they can be reduced.