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UNANIMITY IN CRIMINAL JURY VERDICTS

NCJ Number
13944
Journal
JOURNAL OF FORENSIC PSYCHOLOGY Volume: 5 Dated: (DECEMBER 1973) Pages: 5-13
Author(s)
M NASH
Date Published
1973
Length
9 pages
Annotation
EXPERIMENT COMPARING THE EFFECT OF A UNANIMITY REQUIREMENT TO A MAJORITY REQUIREMENT IN THE VERDICTS OF SIMULATED JURIES.
Abstract
A BACKGROUND OF PSYCHOLOGICAL RESEARCH IS GIVEN, SHOWING THAT CONFORMITY PRESSURE IS GREATER WHEN UNANIMOUS, AS OPPOSED TO NON-UNANIMOUS CONDITIONS ARE IMPOSED. ALSO STATED IS THE PRINCIPLE THAT THE PRESENCE OF SOMEONE SHARING A DISSENTER'S VIEW DECREASES PRESSURE TO CONFORM. ALTHOUGH MOST STATES REQUIRE UNANIMOUS JURY VERDICTS FOR CONVICTION, THERE IS A TREND TO REDUCE THIS REQUIREMENT. IN VIEW OF THIS, A PROCEDURE WAS DEVELOPED, INVOLVING 180 SUBJECTS, DIVIDED INTO GROUPS OF SIX. UNANIMOUS VERDICTS WERE REQUIRED OF HALF, WHILE THE OTHER HALF WAS PERMITTED NON-UNANIMOUS VERDICTS. HEARING THE SAME EVIDENCE, EACH PERSON VOTED BEFORE AND AFTER DELIBERATION WITH HIS GROUP. THE RESULTS SHOW THAT MORE VOTES WERE SHIFTED UNDER THE UNANIMOUS CONDITIONS, PERHAPS DUE TO PRESSURE TO CONFORM. IT WAS FOUND THAT CONVICTION WAS MORE LIKELY UNDER NON-UNANIMOUS CONDITIONS, IF GUILT WAS NOT OBVIOUS. ON THIS BASIS THE AUTHOR REJECTED THE PREMISE OF EQUAL CONVICTION PRONENESS UNDER UNANIMOUS AND NON-UNANIMOUS CONDITIONS. THE AUTHOR SUGGESTS THAT SOCIAL PRESSURES ARE MOST SIGNIFICANT WHEN OPINIONS ARE EVENLY BALANCED BEFORE DELIBERATION. HE ALSO SUGGESTS THAT IN NON-UNANIMOUS CONDITIONS, THE JURORS ARE AFFORDED MORE ANONIMITY AND HENCE CAN SHED SOME OF THE RISK OF CONVICTING AN INNOCENT MAN.

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