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This chapter discusses some of the existing beliefs about juror decision-making and the jury process at three distinct phases of a trial: before the trial, during the trial, and at the trial’s conclusion. Before the trial, there are beliefs surrounding the jury process, including jury duty, jury size, and jury selection (i.e. voir dire). During the trial, there are common beliefs surrounding courtroom factors that influence jury decision-making, including attitudes, beliefs, and expectations regarding attorneys, expert witnesses, confession evidence, and emotion-evoking evidence. Finally, at the end of trial, there is the existing belief that juries make extreme and unpredictable decisions in civil and criminal court. This chapter uses current research and empirical evidence within law and behavioral sciences to examine these myths, showing support for some of these beliefs, while also showing that others are simply myths about jury decision-making. Finally, the chapter discusses future research to address such myths.
How does a group of strangers, many of whom are initially unhappy about serving as jurors, become a jury that works together as a group to reach a unanimous verdict based on the evidence that was presented to them during the trial and who leave their experience satisfied with the job they have done and with the jury system? The answer lies in the jury process and the way in which it transforms citizens into jurors. The various stages of the jury process, including the summons, voir dire, instructions, and deliberations, help citizens to step into their role as jurors. The final stage, the post-verdict interview with the judge, helps jurors to leave their role as jurors behind and to resume their lives as private citizens who will serve as emissaries for the jury. Although the jury process carries out this transformation of citizens into jurors reasonably well, there is still room for improvement. Each of the stages of the jury process can be improved upon by looking at the process as a whole rather than each stage in isolation, and by ensuring that any reforms further the transformation of citizens into jurors.
Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Professor Marder argues, are not found, but rather they are made and shaped by the jury process. This book analyzes each stage of this process, from initial summons to post-verdict interview, and shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.
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