Jury Trials Part 1 Flashcards
The Jury Selection Process:In two parts
-Assembling a Po__ of Ju__
~Dr__ the Ve__
-Ch__ Jurors from the Po__
~Vo__ Di__
pool, jurors
drawing, venire
choosing, pool
Voir Dire
Jury Selection:
Goal is to draw a fa__ (un__) and re__ jury.
-Court rulings since the 1__’s have said you can’t ex__ potential jurors because of membership in a co__ group.
-But until mid 1__s, jurors were overwhelmingly wh__, mi__ aged me_.
-No co__ method for choosing jury po__.
~1961: __ different methods in __ federal courts
fair, unbiased, representative
1880’s, exclude, cognizable
1960’s, white, middle, men
consistent, pools
92, 92
Jury Se__ & Se__Act of 1__:
- Resulted from a series of Su__ Court Decisions.
- Led Fe__ courts to seek un__ criteria to determine who is ex__.
-Propelled by idea that he__ juries are desirable.
~Jury of our pe__.
~Better fa__ finders.
~Di__ will discourage ma__ group members from expressing pr__.
selection, service, 1968
supreme
federal, uniform, excluded
heterogeneous
peers
fact
diversity, majority, prejudice
Do He__ Groups Make Better Decisions?
Lab studies say __, but tasks are far re__ from ju__ decision-making.
~Organizational psych studies often say “__”
~Lab studies often employ a relatively co__/in__ solution paradigm.
~Also, the sp__ with which the decision is made is often the criteria for “be__” decisions in lab.
heterogeneous
yes, removed, jury
yes
correct/incorrect
speed, better
Does Heterogeneity Create Di__ “Benefits”?
Will diversity discourage the expression of pr__?
-Maybe, but su__ it has do__ too.
~Po__ Su__ Re__
-Maybe, but co__ effects are possible too.
Does diversity encourage pu__ acceptance of the le__ of verdicts?
-Y_ and n_
~Ro__ Ki__ verdict
~O_ Si__ verdict
diversity
prejudice
suppressing, downfalls
post suppressional rebound
contrast
public, legitimacy
yes, no
rodney king
OJ simpson
Methods for Dr__ the Ve__:
1__ law requires vo__ registration lists be pr__ source.
-This leads to underrepresentation of:
~Yo__ people
~People who mo__ frequently
~Po__, mi__
Possible remedy–can su__ with ot__ lists:
~ licensed dr__
~public as__
~un__
Can also st__ selection process by summoning more un__ group members.
drawing, venire
1968, voter, primary
young
move
poor, minorities
supplement, other
drivers
assistance
unemployed
stratify, underrepresented
Can an Unbiased Po__ Still Lead to a Biased Ju__?
Those who are ex__ or re__ may be systematically di__ than the fi__ set of jurors.
Some groups are au__ excluded:
- Bl__ (so__)
- Me__ handicapped
- Non-En__ speakers
- Non-ci__
- Fe__
pool, jury
excluded, removed, different, final
automatically blind, sometimes mentally non-english non-citizens felons
Groups Who Used to Be Summarily Di__:
-De__
~NY v. Guzman (1__) - Judge ruled that deafness cannot be used as a cause
Wo__ - never served on juries until 1__
~Only _ states by 1920
-1957: Women in Fl__ had to re__ to serve
-1966: SC held that Mi__ could exclude
~Needed to “contribute their services as wi__ and ho__””
~Needed to be protected from “fi__, ob__ and no__ atmosphere of courtroom.
dismissed
deaf, 1990
women, 1898
4
Florida, register
Mississippi
wives, homemakers
filth, obscenity, noxious
Wo__ Used to Be Summarily Dismissed:
1__: Taylor v. Louisiana
- Ruled that jury service could not be confined to m__.
- Women, like men, had to be pa__ for their service.
Until 1__, women in Mi__ could still be automatically ex__ by signing a form and returning it.
women
1975
men
paid
1979, Missouri
exempted
Goals of Voir Dire:
Theoretically: to select a fa__, re__ jury.
Actually, at__ want to:
- Id__ and el__ unfavorable jurors.
- In__ and in__ potential jurors.
- Create po__ impressions of se__ and cl__.
fair, representative
attorneys
identify, eliminate
indoctrinate, influence
positive, selves, client
Types of Challenges for Di__ from Jury Po__:
Jurors can be dismissed in two ways:
-Ch__ for Ca__
~There is a specific re__ why juror should not se__.
~Inflexibly bi__, pr__ or has a special re__ to parties in ca__.
~Un__ in theory, ra__ in practice.
-Pr__ Challenges
~Exclude jurors wi__ reason
~Number varies by ju___ and ju__.
dismissal, pool
challenge, cause
reason, serve
biased, prejudiced, relationship, case
unlimited, rare
preemptory
without
jurisdiction, judge
Preemptory Challenges:
Number varies with jurisdiction, seriousness of crime and type of case:
Criminal: Defense gets same or more than prosecution.
Civil: Both sides get same amount (less than criminal trials)
Felonies: Feds give prosecution 6, defense 10.
~Defense can petition for more in special circumstances
jurisdiction, seriousness, type
criminal, same, more
civil, same, less
felonies, 6, 10
more
Rulings on Use of Preemptory Challenges:
Ba__ v. Kentucky (1986) - Bl__ cannot be systematically ex__ from jury of black de__.
-Violates defendant right to equal protection (14th amendment)
Holland v. Illinois (1990) - No racial gr__ can by systematically excluded from the jury of any defendant
Violates defendants right to re__ jury
1991 - In two decisions, Supreme Court held that striking jurors based on ra__ is un__.
Violates the equal pr__ rights of the jurors
batson, blacks, excluded, defendant
group,
representative
race, unconstitutional
protection
Results of Rulings on Preemptory Challenges:
If a bl__ juror is excused, lawyer must provide ra__-neutral explanation.
Ju__ must accept explanation as ge__.
Note: SC stuck down a lower appeals court instruction that requires “pl__” explanation.
Appears that judges will ac__ just about any ex__ counsel provides
black,
race
judge, genuine
plausible
accept, explanation
Extensions of Batson:
Batson protection has been extended to:
Ge__
Ho__
In one case, It__
Has NOT been extended in cases of: Ob\_\_ Bi\_\_ Re\_\_ Li\_\_ People
gender
homosexuals
Italians
obese
bilingual
religion
little
How Do La__ Choose during Voir Dire?
Im__ Pe__ Theories
In__ about gr__ behavior
With the help of co__
lawyers
implicit personality
intuitions, group
consultants
Implicit Personality Theories
Our in__ about what kinds of tr__ co-oc__
- Used to form im__
- Used to predict be__
Have many important consequences:
- Selective at__, pr__ and me__
- St__
intuitions, traits, occur
impressions
behavior
attention, processing, memory
stereotyping
Lawyer’s Theories:
-There are to__ of them
I.e. 1985 primer on jury selection said:
“Women are born skeptics… and they are skeptical in direct proportion to the physical beauty of the female witness.”
-Info they’re working with is li__.
-Vi__, easily de__ are especially prevalent.
~Ge__, ag_, re__, ra__ and oc__.
tons
limited
visible, determined
gender, age, religion, race, occupation
On_-Ve__ Theory:
Final jury de__ is determined by opinions of on_ st__-willed, ve__ juror
-Look for one “ke_ juror”
~High st__ and po__ in real world.
Marcus et al (2000) Key jurors tend to be:
- Ma__
- Ex__
- Ta__ people
one-verdict
decision, one, strong, verbal
key
status, power
male
extroverts
tall
Si__-Le__Hypothesis:
-Jurors who are demographically or socially si__ to li__ will fa__ him/her
-Some evidence that this is tr__
~May also ba__
Bl__ Sh__ Effect: groups members may in some circumstances be ha__ on members of their own group - especially when behavior has co__ for group or reflects po__ on all members
-Bottom line: perceptions of si__ can occur across almost un__ dimensions
similarity, leniency
similar, litigant, favor
true
backfire
black sheep
harder, consequences, poorly
similarity, unlimited
What Do All the Foregoing Methods Have in Common?
Some form of st__
Reliance on an “av__” type
stereotyping
average
A Completely Different Approach:First __ Ca__ Theory
- Don’t ch__ anyone
- May be based on negative past ex__ with more “co__” techniques
- Often accompanied by big sh__– convince ju__ that la__ believes case will wo__ no matter wh_ serves.
12 called
challenge
experiences, conventional
show, jurors, lawyer, work, who
Authoritarianism:
More likely to vote for co__ and impose more se__ sentences.
Used to be measured by _-scale (Adorno): identifies people who rigidly adhere to tr__ values, id__ with and su__ to authority and behave pu__ toward no__ violators.
-May bo__ when de__ symbolizes authority.
Sometimes measured by Ri__ Wi__ Authoritarianism (RWA) (Altmeyer)
conviction, severe
F, traditional, identify, submit, punitively, norm
boomerang, defendant
right wing
How Might Right Wing Authoritarianism Interact with Information?
as RWA score __, so does sensitivity to the pr__ which in turn results in the endorsement of more se__ punishment for the target…
increases, prime
severe
Rotter’s Lo__ of Co__:
Internal: Believe that yo_ control what ha__ to yo_.
External: Believe that ot__ people or ev__ control what ha__ to you
-Seem to ex__ to others
~Internal view defendants as more re__, pu__ more.
Ci__ trials: Especially sensitive to any role plaintiff played
locus, control
you, happens, you
other, events, happens
externalize
responsible, punish
civil
Can Lawyers Pick Juries?
They are very co__ in their abilities.
But…
Olczak et al (1991): Juror selection strategies weren’t di__ from or be__ than those used by st__
Kerr et al (1991): Did no better than ch__ at guessing which jurors were likely to be bi__ against them.
confident
different, better, students
chance, biased
