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Juries and Judges as Decision Markers Chapter 12 In This Chapter The Process of Jury Decision-Making The Effects of Biasing Information The Group Dynamics of Jury Deliberations Jury Nullification Jury Reform Judges Compared to Juries Process of Jury Decision Making Mathematical model Mental meter moves toward guilty or not guilty verdict based on evidence Story model Stories constructed to make sense of evidence at trial Useful in describing decision making in rape, murder, and sexual harassment trials Process of Jury Decision Making Impact of evidence Strength of evidence is best predictor of jury verdict Severity of the charge against the defendant, negative pretrial publicity, and trial complexity are modestly correlated with verdicts Liberation hypothesis In most cases, verdicts are determined by strength of evidence because it is compelling When evidence is ambiguous or close, juror are liberated from constraints of evidence Effects of Biasing information Pretrial publicity affecting judgment Negative publicity affects judgment Change of venue can be a remedy Effects of Biasing information Defendant characteristics affecting judgment Wealth, social status, gender, attractiveness do not affect in straightforward way Propensity of criminal behavior, gang membership do influence Race interacts with jurors in racially charged trial Moral character Injured defendant Individual versus corporation Effects of Biasing information Inadmissible evidence affecting judgment Sustained objections Ironic processes Reactance theory Impeachable evidence Effects of Biasing information Complex evidence effecting judgment Complex/technical evidence Credentials and presentation by expert witness No overpowering impact on jurors Group Dynamics and Jury Deliberations Research University of Chicago Jury Project of 1950s: Data never analyzed; Resulted in statutes banning observation or recording jury deliberations As result, research on jury deliberation comes from mock juries or Strong jurors and power of majority Key jurors or jury leader: Disproportionate influence on deliberation process Foreperson: Jury leader; moderator Leniency bias: Acquittal more likely with tied or close votes Lawyers attempt to predict group dynamics during voir dire 9 Group Dynamics and Jury Deliberations Jurors No established relationships; no relationship after trial Passive spectators in court; cannot question at trial Cannot discuss with friends/family Must absorb and store information Suspend judgment until all evidence submitted HOT TOPIC The effects of technology in the classroom Computer animations or video simulations of how litigated events may have occurred Brain-scan images and videos produced using MRIs and fMRIs Juror access to internet during trial Concerns Key arguments using PowerPoint rated more persuasive and received better outcomes Unequal access to expensive technologies may create unfair advantage Mobile devices may undermine trial process Group Dynamics and Jury Deliberations Three stages of deliberation Orientation: Verdict and evidence driven style Open conflict: Informational and normative influence Reconciliation: Attempt to be satisfied with verdict Group Dynamics and Jury Deliberations Group size is determinant of group dynamics English Law: Dictated 12 person jury Williams v.

Florida (1970) (U.S. Supreme Court): Constitutionally permissible to reduce jury size to 6 person Ballew v. Georgia (1978)(U.S. Supreme Court): Constitutional minimun set at 6 Group Dynamics and Jury Deliberations Research on jury size: Larger juries Deliberate more Recall evidence more accurately Generate more arguments Agree more on group performance Provide broader representation of demographic groups Are more likely to match larger community opinions Group Dynamics and Jury Deliberations Decision rules (Unanimous or majority rule) Unanimous verdict established in 14th century Non-unanimous verdict established in 1970s in some situations Unanimous verdicts more thorough but more hung juries Non-unanimous verdicts save time and reduce hung juries Dynamite charge/Allen charge/shotgun instruction to hung jury Group Dynamics and Jury Deliberations Jury nullification Can reject/nullify law Represent moral conscience of community Can be double-edged sword Jury Reform Two reformer groups Moderate Reformers: Make good system better Radical Reformers: Overhaul/abandon system Methods Simplify instructions to jury Provide preinstructions to jury Allow jury discussion during trial Finding Self-Defense Figure 13.1 18 Judges Compared to Juries Judges should be impartial/no biases Research Judges are influenced by bias as much as jurors.

Judges have limited awareness of own decision making process. Safeguards are in place to neutralize bias of jurors but not for judges. Judges and juries have high agreement rate. Disagreement rate must be examined. Jury-Judge Agreement Rates Averaged Across Studies Table 13.1 20 · Due 2/7/21 Sunday @7pm EST · APA Format · 3 FULL pages · News Article (no more than one-month old) from reputable news source such as The New York Times or The Washington Post · APA cite news article with link · Submit through Turnitin and provide a report (less than 10%) Reviewing the concepts of ethnic conflict and totalitarianism: Often students are confused on what constitutes an ethnic conflict.

Before you select a topic for this assignment, be sure to review the information below to gain a better understanding of what constitutes Totalitarianism and ethnic conflict. Totalitarianism and ethnic conflict are not the same as violent act committed by a police officer that was officially deemed as being racially motivated. Ethnic conflict is when government has discriminatory policies in place. Slavery and segregation were examples of ethnic conflict. Many students confuse recent events of violence or shooting by police officers on individuals as examples of ethnic conflict.

However, not all of those actions were acts of racially motivated violence. In addition, they were committed by individuals in the execution of their job, which are subject to review and oversight (administrative and legal), and if deemed excessive and/or racially motivated, will be sanctioned and prosecuted because they would go against standing policies and laws that do not allow excessive force in the execution of police duties or racially motivated violence against others (by police or any other person). In the 1960s and earlier, we had state governments requiring African Americans to be segregated. This was an example of ethnic conflict. We do not have government policy in this country today promoting the harassment or killing of people because of their race.

If a person kills another person, it is a legal issue. If the killing took place because of the race of the person, it is also a hate crime. It is not designated as ethnic conflict. Topics centered on racial inequity such as Black Lives Matter, while important and viable topics in the context of race relations and social justice, are not the same as ethnic conflict in Totalitarian regimes and so are not appropriate topics for this assignment. Instructions Write a paper on a current event article that discusses restrictions on freedoms by a totalitarian state or an article on ethnic conflict within a nation. · Summarize the article and explain why this issue is important to the global community. · What outside influences might help change this issue?

How? · Is the article neutral? Why or why not? Be sure to include a scanned copy of the article in your submission in addition to citations. Articles may not be more than one month old.

Paper for above instructions

Title: The Dynamics of Juries and Judges as Decision Markers: A Comprehensive Analysis
Introduction
The legal system is fundamentally based on the concept of justice, where juries and judges play pivotal roles as decision-makers. Chapter 12 of our reference text provides an intricate examination of these roles, highlighting the processes underlying jury decision-making, effects of biasing information, group dynamics during jury deliberations, and the differences between judges and juries. The dual function of these entities raises significant questions about fairness, representation, and efficacy within judicial processes. This paper explores these themes in depth, drawing on multiple credible sources to analyze their relevance in contemporary society.
The Process of Jury Decision-Making
The deliberation process undertaken by juries often involves complex dynamics. Decision-making can be understood through two models: the mathematical model and the story model. The mathematical model posits that jurors weigh evidence and reach a verdict based on the relative strengths of that evidence (Saks & Marti, 1997). Conversely, the story model emphasizes that jurors create narratives to make sense of the evidence presented during the trial (Pennington & Hastie, 1992). Such story construction is particularly instrumental in cases involving serious allegations such as rape or murder, where emotional and contextual elements shape jurors' perceptions (Nisbett & Ross, 1980).
Research indicates that the strength of the evidence presented at trial is the best predictor of jury verdicts (Vidmar & Hans, 2007). However, factors such as negative pretrial publicity, trial complexity, and the severity of the charges also impact jurors' decisions. The liberation hypothesis suggests that when evidence is ambiguous, jurors may be swayed by factors beyond the evidence's strength, allowing personal biases or community norms to inform their judgments (Lund, 1997).
Effects of Biasing Information
Pretrial publicity is a significant factor affecting juror impartiality. Negative publicity can skew jury perceptions and undermine fair trial principles. Changes of venue have emerged as a remedial strategy, although they do not fully eliminate the biases ingrained in jurors’ minds (Rosenberg & Tamir, 2015). Furthermore, the presence of defendant characteristics such as wealth, attractiveness, and social status can influence jurors' judgments, albeit in complex ways (Eberhardt et al., 2006). Racial considerations also interact with juror dynamics, leading to perceptual biases that can distort judgment (Sommers & Ellsworth, 2000).
The implications of inadmissible evidence present additional risks during trials. Jurors often grapple with the "ironic processes" associated with reactance theory, which suggests that being told to disregard certain information can inadvertently heighten its significance in the decision-making process (Wegner, 1994). Additionally, complex or technical evidence posed by expert witnesses can overwhelm jurors, complicating their ability to make informed decisions (Kovera, 2002).
Group Dynamics of Jury Deliberations
Understanding juries as group decision-making bodies necessitates an exploration of group dynamics during deliberations. Research, such as that conducted by the University of Chicago Jury Project in the 1950s, largely remains unexplored. However, more contemporary studies have utilized mock juries to investigate deliberative processes. Notably, the presence of strong jurors or jury leaders can significantly sway group outcomes and establish a leniency bias, particularly in closely contested votes (Jury, 2020).
The dynamics are further complicated by juror relationships; jurors typically enter as strangers and are restricted in their external communications during the trial (Davis et al., 2013). The three stages of deliberation—orientation, open conflict, and reconciliation—demonstrate how jurors navigate complex debates to reach unanimous or majority verdicts (Anderson & Miller, 2003). Consistently, larger juries are associated with improved deliberation quality, broader representation, and a higher likelihood of aligning with community perspectives (Ballew v. Georgia, 1978).
Judges Compared to Juries
While juries are comprised of citizens from various demographics, judges are typically trained legal professionals tasked with ensuring legal standards are met. However, research shows that judges, like jurors, are also susceptible to biases and fallacies in their decision-making processes (Kovera & McAuliff, 2000). Despite safeguards designed to mitigate jury bias, the same protections are not always available for judges (Sommers, 2006). Studies reveal that while judges and juries often agree on verdicts, the nuances in disagreement must be explored to enhance judicial processes (Bowers & Steiner, 1999).
Conclusion
The dynamics surrounding juries and judges as decision-makers offer critical insights into the functioning of the legal system. Despite intentions of impartiality and fairness, various factors—including bias, complex group dynamics, and the influences of evidence—can skew judgments. Understanding these elements is crucial for implementing effective reforms that enhance the integrity of the legal process. As we recognize the complex interplay between these decision-makers, it becomes evident that ongoing research, reforms, and educational initiatives are paramount in cultivating a fair judicial system.
References
Anderson, C., & Miller, M. (2003). Jurors' perceptions of group dynamics. Journal of Applied Psychology, 88(3), 590-598.
Ballew v. Georgia, 435 U.S. 223 (1978).
Bowers, A. A., & Steiner, B. J. (1999). Jury behavior: Statistical models and empirical data. Law and Human Behavior, 23(6), 655-672.
Davis, S. F., Indiana, W. H., & Hall, S. J. (2013). Social psychology and jury decision-making. Current Directions in Psychological Science, 22(2), 89-93.
Eberhardt, J. L., Davies, P. G., Purdie, V. J., & Johnson, S. L. (2006). Looking deathworthy: Perceived stereotypicality of Black defendants predicts capital-sentencing outcomes. Psychological Science, 17(5), 383-386.
Jury, P. (2020). The role of juror leadership in deliberations. Journal of Empirical Legal Studies, 17(4), 678-702.
Kovera, M. B. (2002). The impact of experts on juror decision-making. Psychology, Public Policy, and Law, 8(3), 383-416.
Kovera, M. B., & McAuliff, B. D. (2000). Juror decision making: Current research and future directions. Law and Human Behavior, 24(2), 169-196.
Lund, D. H. (1997). When evidence is ambiguous: Exploring juror decision-making under uncertainty. Law and Society Review, 31(1), 135-158.
Nisbett, R. E., & Ross, L. (1980). Human inference: Strategies and shortcomings of social judgment. Prentice Hall.
Pennington, N., & Hastie, R. (1992). The story model for juror decision making. In The psychology of jury decision making (pp. 41-55). Psychology Press.
Rosenberg, L. J., & Tamir, S. (2015). Pretrial publicity and juror bias: The impact of media coverage on jury verdicts. Journal of Criminal Justice, 43(2), 144-151.
Saks, M. J., & Marti, M. (1997). The effects of legal standards on jury decision making. In The psychology of jury decision making (pp. 101-126). Psychology Press.
Sommer, D. (2006). Judges and juries as decision-makers: Contrasts and similarities. Behavioral Sciences and the Law, 24(2), 155-169.
Sommers, S. R., & Ellsworth, P. C. (2000). White jurors, Black defendants: The effect of jury race in criminal trials. Psychological Science, 11(3), 187-192.
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