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Testing a Jury Selection Scale and Theory in Court

NCJ Number
70447
Author(s)
D A S Horstman
Date Published
1976
Length
103 pages
Annotation
A jury selection scale was utilized to determine whether juror authoritarianism is a significant variable in jury trials and whether such a scale could identify authoritarian jurors during the voir dire trial phase.
Abstract
An eight-question selection scale was designed after tests for significant authoritarianism-related variables in a controlled mock court trial. This scale was then tested in actual court trials. The following are sample questions: Would you say that obedience and respect for authority are the most important virtues children should learn? To what extent would you agree or disagree with the statement that an insult to one's honor must always be defended? Points were assigned to various answers, and the composite score indicated the level of authoritarianism. The experiment was conducted during 2 juvenile court trials in an Oklahoma county courthouse; the subjects were 24 adult jurors (12 per trial), who were selected by legal counsel via customary voir dire proceedings. After their selection, the jurors were individually questioned by the judge who asked the scale questions in a random order. After each trial, the jurors were asked whether they had felt similar to the defendant and if they had any comments about the verdict or the conduct of the case. The data was divided into a table for analysis; the variables were the juror's vote as to the defendant's guilt or innocence and the juror's reported feeling of similarity to the defendant. The results showed that authoritarian jurors will not render a just verdict on the basis of trial evidence. Such jurors voted in favor of the first presentation they heard, the prosecution, unless they felt similarity to the defendant, wherein they voted for acquittal.The identification and dismissal of authoritarian jurors in order to secure a more impartial jury is recommended. Related research is reviewed. Reference lists and appendixes containing information on present jury selection practices, accounts of actual court cases, and the selection scale with suggestions for its application are included.

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