Monetary awards of the mock juries exhibited a different, almost reversed, pattern of results from the liability measure. There was a positive correlation between both predeliberations confidence and influence rating and postdeliberations confidence and influence rating, meaning that mock jurors who were more confident in their own judgments were rated by other jurors as having more influence in the final, group verdict.
We begin this article by reviewing current findings in our area of study, social influence in jury decision making. The ABA has also encouraged judges to make jurors aware prior to jury selection that their social media pages may be of interest to the attorneys and may be researched.
Courts have acknowledged the prevalence and concerns of social media research on jurors and have dealt with it prior to trial.
The results of this, preliminary, study on juror and jury behavior point to several important trends.
The overall pattern of results, in terms of the percentage of responsibility attributed to the plaintiff, varied by the type of mock jury university students or jury eligible citizensthe age of the plaintiff old or youngand the race of the plaintiff black or white.
This happens because jury instructions reduce the number of possible interpretations of the facts. The very act of requiring jurors to think about their opinions e. There have been relatively few systematic studies of why and how the foreperson is selected, the characteristics of the person selected as foreperson, or the effectiveness of the foreperson in leading the deliberations.
After all mock jurors completed their individual questions, they were asked to elect a foreperson and to deliberate until unanimity was reached.
Bias reduction is one way that group decisions of juries are superior to individual decisions of jurors.
Key factors in individual decision making include life experiences, personality characteristics, attitudes, values, and beliefs.
Each subgroup usually has a strong opinion leader, whose role is the most important role in the jury. Juries composed of jury eligible citizens awarded damages in the following manner: Normative influence relates to the size of the group, while informational influence relates to the number and persuasiveness of arguments.
Finally, forepersons were rated by other jurors as more influential in the verdict than nonforepersons. Overall Results Group Decisions. Further, forepersons were more likely to have an internal locus of control meaning that they believe they have personal responsibility for their life events than other jurors.
Changers, those jurors who change their vote at some point before or during deliberations, are an important aspect of the group decision making process of juries. Juries are a unique type of social group with strong, bidirectional influence processes in which the individual juror influences the group and the jury influences the individual.
One reason why the majority opinion prevails in deliberations is that judgmental tasks involving ambiguous perceptions of right and wrong are particularly susceptible to majority effects.
In general, the larger the majority, the more likely its side will prevail.
Juror bias occurs primarily from impressions formed in ambiguous situations, requiring jurors to seek information that conforms to their initial often incorrect impression.
While there does not appear to be any demographic profile of changers, jurors who are authoritarian have been found to change their votes more often than others. History is rife with examples of innocent people that were condemned to punishment by the mindless yelling of the public mob.
Casey Anthony is not the first person to be acquitted of a crime the general consensus presumed they were guilty of.Knowing how much time the social networking search team will have to conduct its investigation will help to develop a pre-trial strategy for gathering and communicating its findings to the trial team – and most importantly to the people determining the jury selection strikes.
Social Media Proves a Costly Escape for the Horrors of Jury Duty. A recent poll found that most Americans view jury duty about as favorably as they do lice, traffic jams and Nickelback. In other words, we the people hate it.
Now, however, it looks like potential jurors have a lot more to fear than being selected to serve on a jury. Technology, Manufacturing & Transportation Industry Insider.
From Idea to Distribution. Judges have also allowed the parties to define the scope of social media jury research prior to jury selection. they must suffer trial lawyers and jury consultants scouring over their Facebook and other profiles to dissect their politics, religion. Social Media, the Jury and You.
Ellis says that lawyers should attempt to identify the social media accounts of jurors and study their public posts, making sure the person they find online is the same individual in the courtroom.
How a Trial Jury Resembles Social Constructionism. Michael R Wyatt Thomas Canon CRJ 08/04/ After 33 days of testimony, pieces of evidence and over 90 witnesses the jury on the Casey Anthony trial reached a verdict - How a Trial Jury Resembles Social Constructionism introduction. The case was mostly circumstantial.
Bonds trial to request the court order juries to stay away from all social media during the pendency of the trial.4 If your court has not adopted rules dealing with this issue, these model instructions may be a good resource in preparing jury instructions.Download