The Jury Under Fire: Myth, Controversy, and Reform (American Psychology-Law Society Series)

'The Jury Under Fire' reviews a number of controversial beliefs about juries that have persisted in recent years as well as the implications of these views for jury reform efforts. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques the myth, and then uses social science research findings to suggest appropriate reforms. Abstract: 'The Jury Under Fire' reviews a number of controversial beliefs about juries that have persisted in recent years as well as the implications of these views for jury reform efforts. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques the myth, and then uses social science research findings to suggest appropriate reforms Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences.The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas. Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas. [this Book] Reviews A Number Of Controversial Beliefs About Juries As Well As The Implications Of These Views For Jury Reform. It Reviews Up-to-date Research On Both Criminal And Civil Juries That Uses A Variety Of Research Methodologies: Simulations, Archival Analyses, Field Studies, And Juror Interviews. Each Chapter Focuses On A Mistaken Assumption Or Myth About Jurors Or Juries, Critiques These Myths, And Then Uses Social Science Research Findings To Suggest Appropriate Reforms. Chapters Discuss The Experience Of Serving As A Juror; Jury Selection And Jury Size; And The Impact Of Evidence From Eyewitnesses, Experts, Confessions, And Juvenile Offenders. The Book Also Covers The Process Of Deciding Damages And Punishment And The Role Of Emotions In Jurors' Decision Making, And It Compares Jurors' And Judges' Decisions. Finally, It Reviews A Broad Range Of Efforts To Reform The Jury, Including The Most Promising Reforms That Have A Solid Backing In Research. -- Publisher's Website. Introduction -- Avoid Jury Duty At All Costs -- Jury Selection Can Effectively Identify Biased Jurors -- 6 = 12 And They Don't All Have To Agree -- Jurors Can Distinguish Accurate From Inaccurate Eyewitnesses -- Jurors Can Distinguish True From False Confessions -- Jurors Overvalue Expert Testimony -- Jurors Treat Juvenile Defendants Fairly -- Compensatory Damage Awards Are Excessive And Unpredictable -- Punitive Damage Awards Are Excessive And Unpredictable -- Jurors In Criminal Cases Can Fairly Punish Wrongdoers -- Jurors Can Control Their Emotions -- Just Let The Judge Do It -- Jurors Don't Need Any Special Help -- Conclusion. Brian H. Bornstein And Edie Greene. Includes Bibliographical References And Index. The Jury Under Fire: Myth, Controversy, and Reform examines a number of controversial beliefs about juries that have persisted in recent years, as well as the implications of these views for jury reform. It reviews empirical research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter is titled with a mistaken assumption or myth about jurors or juries. The book critiques these myths and relies on social science research findings to inform empirically grounded reform efforts. It focuses on the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. It also covers the process of deciding damages and punishment and the role of emotions in jurors’ decision making, and it compares jurors’ and judges’ decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a strong empirical foundation. Sample legal cases are included throughout the book to illustrate key points and promote reader interest. The book is unique in its comprehensive integration of social science research on juries, legal issues, and the real-world trials that splash across our headlines and television screens -- Oxford Scholarship Online Cover 1 The Jury Under Fire 4 Copyright 5 Dedication 6 Contents 8 Series Foreword 10 Acknowledgments 12 1. Introduction 16 2. Avoid Jury Duty at All Costs 32 3. Jury Selection Can Effectively Identify Biased Jurors 52 4. 6 = 12 and They Don’t All Have to Agree 73 5. Jurors Can Distinguish Accurate from Inaccurate Eyewitnesses 97 6. Jurors Can Distinguish True from False Confessions 121 7. Jurors Overvalue Expert Testimony 143 8. Jurors Treat Juvenile Defendants Fairly 167 9. Compensatory Damage Awards Are Excessive and Unpredictable 188 10. Punitive Damage Awards are Excessive and Unpredictable 215 11. Jurors in Criminal Cases Can Fairly Punish Wrongdoers 237 12. Jurors Can Control Their Emotions 257 13. Just Let the Judge Do It 286 14. Jurors Don’t Need Any Special Help 303 15. Conclusion 324 References 336 About the Authors 400 Index 402