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1 – 10 of over 4000Juries are a decision making peer group composed of citizens who did not volunteer for the task, who do not know one another, and who are not connected to the people and events in…
Abstract
Juries are a decision making peer group composed of citizens who did not volunteer for the task, who do not know one another, and who are not connected to the people and events in the trial on which they will render a verdict. This chapter illuminates the communication events during deliberations, from selecting a foreperson, deciding when and how to vote, participation and turn-taking, the emergence of conflict, and rule-breaking. Deadlock juries, storytelling jurors, and juror misconduct are described during the group's task. Sources for scholars to gain access to jury data, partner with organizations in the judicial system, and available recent recordings of jury deliberations are shared. Knowledge gaps are pointed out in understanding how group verdicts emerge from the unregulated talk of jurors, as well as new challenges for the judicial system as the 2020 COVID-19 pandemic suddenly rendered jury service an unhealthy task for citizens.
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Purpose – This chapter discusses two puzzles emerging from the literature on race and the jury. First, although changes in laws and institutional practices have dramatically…
Abstract
Purpose – This chapter discusses two puzzles emerging from the literature on race and the jury. First, although changes in laws and institutional practices have dramatically expanded jury participation, it is far from clear what additional changes would create more racially representative juries. Second, the push for racial diversity on juries stems, in part, from a belief that composition is related to decision making; nonetheless, empirical research typically fails to link jury composition and case outcomes.Methodology/approach – Through a review of recent research, I identify the bases for these puzzles, and I consider ways to advance the body of work on race and the jury.Findings – Studies on jury representativeness should simultaneously consider both institution-level and individual-level predictors of participation, examining in particular whether and how attitudes toward jury service differ across racial and ethnic groups. The literature would benefit most from longitudinal and multi-jurisdictional studies. Researchers on race and jury decision making should examine the reason why racial differences in attitudes and individual verdicts may not have an impact on case outcomes. By studying deliberating groups, scholars should consider whether any racial differences in viewpoints are substantively small, whether differences observed are ultimately irrelevant to group discussions, or whether group dynamics limit the participation and influence of racial minorities on mixed-race juries.Originality/value – This chapter advances the literature on race and the jury by considering both questions of representativeness and decision making and by critically examining a number of assumptions and accepted wisdom.
This chapter examines jury nullification, through which American juries refuse to convict criminal defendants in the face of overwhelming evidence of guilt to express disapproval…
Abstract
This chapter examines jury nullification, through which American juries refuse to convict criminal defendants in the face of overwhelming evidence of guilt to express disapproval of specific criminal laws or of their application to particular defendants, through the political theory of Carl Schmitt. It distinguishes liberal components of American jurisprudence, especially the rule of law, from democratic sovereignty, and shows how the two are in deep tension with one another. In light of this tension it argues that jury nullification amounts to democratic sovereignty applied counter to the liberal state in a way that paradoxically upholds individual liberty.
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This chapter examines whether the view of the jury in cases involving forensic evidence can be changed from that of “naïve automatons” to that of “sophisticated decision makers”;…
Abstract
This chapter examines whether the view of the jury in cases involving forensic evidence can be changed from that of “naïve automatons” to that of “sophisticated decision makers”; whether the defense and prosecution must provide the jurors with information to help them develop a schema upon which to evaluate the forensic evidence; and whether to remove decision making from the expert forensic scientist and return it to the jury. The chapter uses secondary sources of information collected from criminal cases, the current federal law, as interpreted by the U.S. Supreme Court dealing with expert testimony, studies of how to enable juries confronted with forensic evidence, as well as a framework of learning theory and persuasion games. I argue that expert forensic scientists make errors. Juries are capable of making decisions based on complex forensic evidence if provided the knowledge within which to develop schema to evaluate that evidence. Competition between the defense and prosecution in presenting interpretations of scientifically valid evidence, as well as providing schema to enable the jury to evaluate the information, provides juries with the ability to arrive at a full information decision. Expert nullification of jury decision making should be halted and decision making returned to the jury. The value of this chapter is to integrate learning theory from cognitive psychology with one-shot and extended persuasion games to evaluate the roles of the jury and the expert forensic scientists within the criminal justice system.
The purpose of this paper is to examine deliberation in the context of organizational change and introduce an organizational jury as a change facilitator.
Abstract
Purpose
The purpose of this paper is to examine deliberation in the context of organizational change and introduce an organizational jury as a change facilitator.
Design/methodology/approach
The research is based on an empirical study of four organizational juries that were organized by a non-profit organization in Finland. The main data of the study consist of a survey that the juries’ participants filled in. The data are triangulated with observations of jury meetings and relevant documents including pre-jury information package, jury presentations and juries’ proposals. In the analysis, the paper adopts deliberative democracy criteria to assess the inclusiveness, authenticity and consequentiality of the deliberative process.
Findings
The research findings suggest that the juries increased the inclusiveness of decision making and the quality of deliberation about the changes among the employees. The results indicate that juries facilitated the change process by providing a means for information sharing and building a shared understanding among the stakeholders. The main weakness of the juries was their low consequentiality.
Originality/value
Deliberative jury method provides a participative way to build and preserve socially shared meanings in an organizational change context. However, the studies on the use of deliberative forums in the organizational context are still scarce. Thus, the study provides an important addition to the existing research literature.
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This paper aims to investigate the architectural design jury in a university in the UAE. It explores the jury as an assessment tool, this system's formative value – i.e…
Abstract
Purpose
This paper aims to investigate the architectural design jury in a university in the UAE. It explores the jury as an assessment tool, this system's formative value – i.e. significance for learning enrichment – and issues undermining it and power relations in the jury and their implications.
Design/methodology/approach
The study is carried out through surveys of students' views, reflection on the author's experience and literature review.
Findings
The paper finds that the jury emphasizes assessment over learning. Students are gradually disturbing unbalanced power relations in the jury, but power remains uneven and obstructive of the jury's developmental role. Despite the jury's shortcomings and scholars' call for abandoning it, students found the studio better with the jury, although they wanted the system to be enhanced. The persistent – albeit not unchallenged – power of the design jury institution and students' need for feedback from different sources and unawareness of any alternatives to the jury led to this position.
Practical implications
The paper recommends reforms to the design jury and suggests experimenting in supporting tools to direct this system toward student empowerment and learning enhancement.
Originality/value
This study fills a gap in the literature as it investigates persisting problematic components and practices in today's architectural design juries in university education in the Arab region, which have not received adequate attention. The context of the study and the new generation of students it involves enable a new perspective on the topic.
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Samantha J. Tabak, Bianca Klettke and Tess Knight
A significant issue in jury research has been the use of individual jurors to analyse jury decision‐making. This paper aimed to examine the applicability of computer‐mediated…
Abstract
Purpose
A significant issue in jury research has been the use of individual jurors to analyse jury decision‐making. This paper aimed to examine the applicability of computer‐mediated communication to a mock jury deliberation study.
Design/methodology/approach
Groups of three to five Australian residents anonymously attended a secure chat room and participated in a semi‐structured discussion about a simulated child sexual assault scenario. Deliberation transcripts were analysed thematically using NVivo. A hermeneutic framework was used to analyse the deliberation transcripts.
Findings
Five interrelated themes were revealed, each reflecting the tools online juries used to communicate, create meaning, and arrive at a verdict. Electronic jury deliberation promoted an understanding of how people make sense of child sexual assault cases in Australia today.
Originality/value
This study advanced the understanding of online decision making in a child sexual assault scenario. It demonstrated that knowledge of how juries deliberate and create meaning could improve our understanding of how verdicts are achieved. Electronic mock juries are a valuable adjunct to traditional jury deliberation studies because they are cost effective, time efficient, and offer wider recruitment opportunities.
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This paper seeks to explain the jury’s verdict of acquittal in the bizarre case of eccentric millionaire Robert Durst, who was charged with the murder of Morris Black after…
Abstract
This paper seeks to explain the jury’s verdict of acquittal in the bizarre case of eccentric millionaire Robert Durst, who was charged with the murder of Morris Black after Black’s body parts were found floating in Galveston Bay off the coast of Texas. Though an analysis of a portion of the defense’ closing argument, this paper examines the Durst defense team’s strategy of directing the jury’s attention to a single event – the confrontation that resulted in Black’s death – in order to effect a shift in focus that allowed them to use “reasonable doubt” to leverage their argument that the prosecution had not met its burden of proof. This paper demonstrates how this strategy acted to construct the “unreasonable doubt” that resulted in the jury’s verdict.
In this chapter, I address a number of the difficult questions surrounding the current decline of the American trial. I begin with a compressed and evaluative account of what the…
Abstract
In this chapter, I address a number of the difficult questions surrounding the current decline of the American trial. I begin with a compressed and evaluative account of what the contemporary trial is for us. This involves both an account of what we do at trial and a more global account of its significance. I discuss some of the theoretical issues that such an account poses. I then provide a short account of how we have gotten to where we are (“the past”). I provide a summary of recent social scientific findings that suggest that the trial is in current decline and some preliminary speculations as to the explanations for that decline (“the future”). Finally, I suggest the happy possibility that explanation of the future may be quite limited in this matter.
Beth Bjerregaard, M. Dwayne Smith and Sondra J. Fogel
A sample of capital trials in North Carolina was analyzed to determine the impact on death sentencing of introducing mitigators related to diminished capacity on behalf of…
Abstract
A sample of capital trials in North Carolina was analyzed to determine the impact on death sentencing of introducing mitigators related to diminished capacity on behalf of defendants. The results show that mitigators of this type were frequently submitted to the jury for consideration, and if accepted, the chances of a defendant being sentenced to death were diminished. However, when these mitigators were submitted but not accepted, the defendant's likelihood of receiving a death sentence was substantially escalated. These findings suggest a need for attorneys to carefully weigh the advantages and disadvantages of presenting diminished capacity mitigators in capital trials, and if choosing to do so, the absolute necessity of convincing the jury of their validity.