Project Description
Trial by jury is a unique feature of the United Sates’ democracy which guarantees every citizen in criminal and civil proceedings the right to a trial by an impartial jury. Jurors are afforded the responsibility of rendering a verdict based solely on the evidence and testimony presented at the trial while simultaneously ignoring irrelevant factors (i.e., extralegal factors). Such verdicts have the potential to impact the lives of the alleged victims, the defendants, and the public through future interpretations of the law. A central question, then, is to what degree do juries render verdicts based on the evidence presented at the trial versus extralegal factors that should be extraneous (Devine & Caughin, 2014).
While
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While such a process would be ideal for the legal system, research has demonstrated that a variety of extralegal factors, such as physical attractiveness (Efran, 1974; Mazzella & Feingold, 1994) or age (Myers, 1979), can influence jurors’ judgments of blame and responsibility (see Devine & Caughlin, 2014; Devine et al., 2001 for a review). As an alternative to these decision-stage models, the culpable control model (Alick, 2000) has incorporated personal expectations and emotional reactions as central tenets that may account for the influence of extralegal factors and juror …show more content…
Alicke (2000) identified a negative spontaneous evaluation as a negative affective response to events and the people involved (e.g., anger toward the defendant). Evidentiary information or extralegal factors, such as a person’s social status, appearance, or reputation, can trigger negative spontaneous evaluations (Alicke, 2000; Nadelhoffer, 2006). These negative spontaneous evaluations may lead to immediate judgments of blame or may interact with evidential criteria to indirectly impact judgments of blame (Alicke, 1994; 2000; Bright & Goodman-Delahunty, 2006). Ultimately, according to this model, jurors will process and evaluate information in accordance with their preferred conclusions based on their initial and unconscious emotional reactions to an event and the participants
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions either with ps > 0.64.
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
Jurors opinions can be influenced by an emotional testimony. Deborah W. Denno’s article Neuroscience, Cognitive Psychology, and the Criminal Justice System is the Ohio State Journal of Criminal Law’s publication of a panel at the 2009 Annual Meeting of the Association of American Law Schools. The panel had three goals: “examine the interrelationship between neuroscience and substantive criminal law; to incorporate criminal procedure more directly into the examination in a way that past investigations have not done; and to scrutinize cognitive bias in decision-making,” (Denno
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
The United States Constitution is a set of amendments that are made specifically for the rights of the people. Three freedoms that the government should uphold in order to ensure that the soldiers that died in the civil war did not die in vain are the freedom of peaceful assembly, freedom of petitioning the government, and an impartial jury. Freedom of peaceful assembly is defined as the right to hold public meetings or parade without the government interfering. It's important to uphold this freedom so the people of our country can peacefully stand for the things they believe in. This allows them to express their ideas and opinions with people who have the same views as them and want to bring awareness to it.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
...tood. This problem has persisted through many cases, clearly highlighting the lack of expertise of juries, and if they do not understand the process and basic rules, then they cannot be a reliable body in determining innocence. Jurors incapability of following evidence inevitably leads to guess work with jury’s finding defendants guilty because ‘he looked like he did it’ and ‘he looks like a nonce so he must of done it’. Moreover, cases have been reported of incredulous juries using absurd methods to ascertain a verdict, like in R v Young 1995, where a Ouija Board was used to determine if the defendant was guilty or not. It is clear that it would be better and far more effective to abolish the jury system, and leave the experts and qualified legal professionals to try defendants, as they understand the process and possess the expertise to make balanced decisions.
One of the main factors in wrongful convictions, tunnel vision, has been recognized by psychologist as a human tendency to quickly convict a suspect so that society feels safe. Although tunnel vision is seen as a natural instinct it can convict innocent individuals and weaken the criminal justice system . Jerome Frank, a judge in the United States Circuit Court of Appeals explored the causes of wrongful convictions and noted that in 36 cases tunnel vision was a significant factor in the conviction of innocent individuals. As demonstrated, tunnel vision is a prevalent factor and may affect cases resulting in judges and juries convicting wrong suspects. However, the human tendency towards tunnel vision is a distinctive feature of an individuals psychological characteristics. Psychologist view tunnel vision as the product of cognitive biases. These natural biases explain why tunnel vision is common even amongst respected legal enforcers and honest justice systems. Although tunnel vision is a common natural tendency, it can be altered and lead to the conviction of innocent individuals.In situations when a high profile case is
Lieberman in Scientific Jury Selection states, “...scientific jury selection originated in criminal trials in which academic researchers provided assistance to defense counsel because the researchers were concerned about the government having disproportionate degree of power and control over the outcome of cases.” As stated before, a jury does not have to think about the laws or the influence of the judge and lawyers, they must simply agree on what they believe happened. Some juries depend on facts or evidence, while others decide on if they believe the story others decide on their moral stances. This all comes back into why psychology is so important in the process of jury selection. When a juror decides the fate of an individual they don’t necessarily just use their brain, they use their heart, or their beliefs. What someone believes in can only be interpreted through psychology, the scientific study of the human mind and its functions, especially those affecting behavior in a given context. Trying to predict the outcome of someone's decisions is very difficult, that's why we have so many specialists, and consultants that are used in trials to determine the best possible pathway for a criminal
Twelve Angry Men brings up a few issues the criminal justice system has. The jury selection is where issue number one arises. “A jury of one’s peer’s acts as an important check in cases where a defendant fears that the local justice system may have a prejudice against him, or in corruption cases in which the judiciary itself may be implicated” (Ryan). Deciding one 's future or even fate, in this case, is no easy task, as depicted by the 8th juror.