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Book part
Publication date: 5 November 2021

SunWolf

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…

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.

Details

The Emerald Handbook of Group and Team Communication Research
Type: Book
ISBN: 978-1-80043-501-8

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Article
Publication date: 10 October 2016

Erik Girvan and Heather J. Marek

The purpose of this paper is twofold. First, it proposes a basic organizing framework for when a plaintiff’s race, ethnicity, or sex may impact civil jury awards. The framework…

Abstract

Purpose

The purpose of this paper is twofold. First, it proposes a basic organizing framework for when a plaintiff’s race, ethnicity, or sex may impact civil jury awards. The framework takes into account psychological and structural sources of bias and the ways in which they may interact when jurors have more or less discretion. Second, the paper employs a methodological innovation to overcome one of the primary barriers to empirical field research on bias in civil legal decisions: the absence of plaintiff demographic information.

Design/methodology/approach

The data set is comprised of jury verdicts in tort cases combined with information from the US Census Bureau regarding race and ethnicity. Statistical tests measure the relationships between race, ethnicity, sex, and awards for economic damages and pain and suffering.

Findings

Overall, the results were consistent with the psycho-structural framework. Where jurors had discretion (i.e. pain and suffering damages), they awarded less to black plaintiffs than to white plaintiffs, indicating potential psychological bias. Where jurors had little discretion (i.e. lost income) they awarded less to female plaintiffs and more to Asian plaintiffs than to male and white plaintiffs, respectively, a potential reflection of structural income disparities. Thus, the framework and method have promise for exploring relationships between structural and psychological bias and differential civil jury awards.

Originality/value

Because demographic information is not easily available, there is very little research on race and gender bias in civil cases. This study introduces and provides a conceptual test of a novel framework for when bias is most likely to impact damage awards in these cases and tests it using advances in social demography that can help researchers overcome this barrier.

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Journal of Aggression, Conflict and Peace Research, vol. 8 no. 4
Type: Research Article
ISSN: 1759-6599

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Article
Publication date: 19 October 2023

Kay Lynn Stevens, Dara Mojtahedi and Adam Austin

This study aims to examine whether country of residence, sex trafficking attitudes, complainant gender, juror gender and right-wing authoritarianism (RWA) influenced juror…

Abstract

Purpose

This study aims to examine whether country of residence, sex trafficking attitudes, complainant gender, juror gender and right-wing authoritarianism (RWA) influenced juror decision-making within a sex trafficking case.

Design/methodology/approach

Jury-eligible participants from the USA and the UK participated in an online juror experiment in which an independent group design was used to manipulate the complainant’s gender. Participants completed the juror decision scale, the sex trafficking attitudes scale and the RWA scale.

Findings

Sex trafficking attitudes predicted the believability of both the defendant and complainant. Greater negative beliefs about victims predicted greater defendant believability and lower complainant believability. US jurors reported greater believability of both the complainant and defendant, and RWA was associated with greater defendant believability. However, none of the other factors, including complainant and juror gender, predicted participants’ verdicts. The findings suggest juror verdicts in sex trafficking cases may be less influenced by extra-legal factors, although further research is needed, especially with a more ambiguous case.

Originality/value

This is one of the few cross-cultural comparison studies in the area of jury decision-making, specifically regarding sex trafficking cases. The findings indicated that US participants held more problematic attitudes about sex trafficking than their UK counterparts, although all participants held problematic attitudes about sex trafficking. However, those attitudes did not affect verdict formation about either a male or female complainant. Participants who were more knowledgeable about sex trafficking reported greater complainant believability, suggesting that educational interventions may provide greater support for victims in court.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

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Abstract

Details

Rape Myths: Understanding, Assessing, and Preventing
Type: Book
ISBN: 978-1-80071-153-2

Book part
Publication date: 18 April 2009

Mary R. Rose

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.

Details

Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

Article
Publication date: 10 May 2013

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.

Details

Qualitative Research Journal, vol. 13 no. 1
Type: Research Article
ISSN: 1443-9883

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Article
Publication date: 18 May 2011

Nina J. Westera, Mark R. Kebbell and Becky Milne

Legislation in many developed nations allows for the video‐recorded interview of a witness made during the investigation to be used as his or her evidence‐in‐chief at trial. The…

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Abstract

Purpose

Legislation in many developed nations allows for the video‐recorded interview of a witness made during the investigation to be used as his or her evidence‐in‐chief at trial. The purpose of this paper is to discuss the challenges for the criminal justice system of trying to make one interview meet both investigative and evidential purposes.

Design/methodology/approach

Advances in effective police interviewing strategies are outlined and evaluated with regards the implications of presenting evidence elicited in this manner in court.

Findings

As with any significant change, the move towards this method of evidence presents challenges. However, using this video record as evidence will ensure that the best evidence is preserved and the jury has access to a transparent record that is more accurate and complete than previously experienced.

Originality/value

The paper acknowledges that concerns over any extra time taken by using video recording must be taken into account, but also balanced against the likely long‐term benefits, not only in fairness to the proceedings but also by easing the process for victims and witnesses.

Details

The British Journal of Forensic Practice, vol. 13 no. 2
Type: Research Article
ISSN: 1463-6646

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Article
Publication date: 1 March 2024

Sophie Wootton, Sophia Tkazky and Henriette Bergstrøm

The purpose of this study is to investigate how mock jurors’ experiences of deliberations are impacted by the defendant having a personality disorder.

Abstract

Purpose

The purpose of this study is to investigate how mock jurors’ experiences of deliberations are impacted by the defendant having a personality disorder.

Design/methodology/approach

This study used a qualitative approach to explore mock jurors’ experiences during the deliberations of a fictional defendant, Sarah Priest. Ten participants formed two mock juries, and each mock jury were given two case studies to deliberate. Case study one described Priest as having “Severe Personality Disorder, Borderline Pattern” whereas case study two described Priest as having “Complex Mental Health Problems”. There were no changes to the content of the case studies aside from the change in language used to describe the defendant.

Findings

An inductive thematic analysis identified two main themes relating to juror experience: “Interaction with Other Mock Jurors” and “Language as a Barrier to a Verdict”. Participants constructed that prosocial interactions with other mock jurors in the deliberations helped them make a verdict decision, but some of these interactions led to disagreements between participants due to a wide variation of opinion. Second, the different description of the defendant in each case study were constructed to have made the deliberations and decision-making difficult, but for different reasons. In case study one, a lack of knowledge surrounding BPD was the reason for this difficulty, and in case study two, participants thought that the applicability of diminished responsibility criteria were unclear, making it hard to reach a verdict.

Practical implications

The findings have key implications for the judicial system; common experiences can be identified and recorded to implement procedures to protect jurors from adverse experiences.

Originality/value

There is a lack of studies that have investigated juror experience in the UK, and the few studies available have used a quantitative methodology. The approach taken in the current study is, therefore, unique in a UK context. The findings have key implications for the judicial system; common experiences can be identified and recorded to implement procedures to protect jurors from adverse experiences.

Details

The Journal of Forensic Practice, vol. 26 no. 1
Type: Research Article
ISSN: 2050-8794

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Article
Publication date: 21 July 2020

Samuel Laryea and Ron Watermeyer

Architectural competitions have been in existence for over 2,500 years. Past studies on this have focussed on the architectural aspects, competition formats, design evaluation by…

Abstract

Purpose

Architectural competitions have been in existence for over 2,500 years. Past studies on this have focussed on the architectural aspects, competition formats, design evaluation by jury members and its evolution. However, no comprehensive research has examined the way that architectural competitions can be structured as a competitive procurement process for contractual outcomes. This paper addresses that gap by examining the way in which a two-stage proposal procedure (as defined by ISO 10845) was used to convert the architectural ideas competition for two new universities in South Africa (SPU and UMP) into a public procurement process with contractual outcomes.

Design/methodology/approach

A case study was designed to examine (1) the procurement and contractual aspects of the two-stage proposal procedure within a public procurement context; (2) the challenges encountered in implementing the procurement procedure adopted; and (3) the outcomes of the procurement process. In total, 16 documents relating to the architectural competition were examined, using document analysis, to obtain insights into the procurement approach and processes. This was followed by in-depth interviews with the competition administrators to identify the key challenges encountered in implementing the procurement procedure. A content analysis method was used to analyse the qualitative data.

Findings

Only 40% of architects who expressed interest made submissions in the first stage. Those admitted to the second stage associated themselves with architectural practices and submitted tender offers which were evaluated on the basis of their financial offer, preference and quality. Most participants experienced difficulty with the procurement procedure due to unfamiliarity with the process and tight timescales. However, necessary clarifications provided by the client's team enabled them to respond appropriately and the procurement procedure proved effective for procuring innovative design ideas from nine talented architects. They were all based in small to medium-sized firms rather than large firms.

Originality/value

This paper fills an important gap in current understanding of how architectural competitions may be alternatively structured into a competitive procurement process, using empirical evidence from two architectural competitions. Architectural competitions have traditionally been used and characterized in the research literature primarily as an ideas competition rather than a competitive procurement process. This paper, therefore, extends current knowledge on the traditional way architectural competitions are generally used in practice and demonstrates through examination of two case studies how architectural competitions may be further extended and utilized as a competitive procurement process rather than just a process for obtaining ideas.

Details

Engineering, Construction and Architectural Management, vol. 28 no. 4
Type: Research Article
ISSN: 0969-9988

Keywords

Book part
Publication date: 6 September 2012

E. James Cowan

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.

Details

Experts and Epistemic Monopolies
Type: Book
ISBN: 978-1-78190-217-2

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