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SHADOW JURY AT WORK - AN ACCOUNT OF A SERIES OF DELIBERATIONS AND VERDICTS WHERE 'SHADOW' JURIES WERE PRESENT DURING ACTUAL TRIALS

NCJ Number
28503
Author(s)
S MCCABE; R PURVES
Date Published
1974
Length
80 pages
Annotation
THIS STUDY ATTEMPTS TO UNDERSTAND THE WAY IN WHICH JURIES INTERPRET EVIDENCE AND REACH THEIR DECISIONS THROUGH THE USE OF 'SHADOW JURIES' RECRUITED FROM THE PUBLIC TO SIT IN ON REAL TRIALS.
Abstract
THEY SAT IN COURT IN THE SAME WAY AS THE REAL JURY AND WERE SUBJECT TO THE SAME INFORMATION AND AMBIENCE. THEY RETURNED WHEN THE REAL JURY RETIRED, AND THEIR DISCUSSIONS WERE RECORDED AND ANALYSED. THE SHADOW JURY METHOD APPEARS TO HAVE BEEN REMARKABLY SUCCESSFUL. IN GENERAL THEIR DECISIONS WERE THE SAME AS THOSE REACHED BY THE JURY ITSELF - ALTHOUGH IT WILL WORRY MANY THAT IN A QUARTER OF THE CASES THE TWO GROUPS HEARING THE TRIAL REACHED DIFFERENT DECISIONS. THE AUTHORS ANALYZE NOT ONLY THE POSSIBLE REASONS WHY THE 'JURIES' AGREED BUT ALSO SPECULATE ON WHY THEY DISAGREED. THIS SMALL DETAILED STUDY SHOWS HOW EVIDENCE MAY BE PERCEIVED AND INTERPRETED, HOW ARGUMENT IS USED IN THE JURY ROOM TO WIN OVER DISSENTIENTS TO THE MAJORITY VIEW AND THE EXTENT TO WHICH THE JURY ARE INFLUENCED BY THE ELEMENT OF SYMPATHY FOR THE ACCUSSED AND BY THEIR CONCEPTIONS OF JUSTICE AND EQUITY. (AUTHOR ABSTRACT)

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