Trial ProcessWhat are trials intended to accomplish?Find “the truth”Rarely this simpleThe truth is complicated, people have different perceptions of what the truth isA test of “credibility”Which version of “the truth”?Conflict-resolving ritualClosure/procedural justiceSteps in the Trial ProcessPreliminary actionsJury selectionThe trialSentencingThe appellate processAppellate court has to listen to the case but the Supreme Court is not obligated to listen to the caseWhat makes a “good jury”?Representative of the populationOpen-minded, willing to hear both sides, non-biasedImpartial6th Amendment“…the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”“Jury of your peers”??-not necessarily guaranteed thisMagna CartaJury Selection1st step: Forming the venireThe entire panel from which a jury is drawn“venire person”Registered voters & Texas driver’s license or ID cardSurveys & in-personExemptionsStudent (High School/University)Moved from the area being summoned fromOver 70Have to watch childrenOfficer/employee of the SenateMember of the US militaryJuror selection is called Voir DireActually, more accurate to say juror exclusion instead of juror selectionJuror questioningSniffing around your personal life!(More on this later!)Juror SelectionChallenges for causeThere is an unlimited amount of times you can challenge for causeWhy they cant fulfill the role of an impartial jurorPeremptory challengesExcluding someone for cause,No reason needed..Limited amount of peremptory challenges to be usedReal or imaginary reason!…but some restrictions & limited amountCan you exclude due to race?No.Batson v. Kentucky (1986)Prosecutor used his peremptory challenges to remove the 4 African-Americans from the venireJury was composed of all white individualsBatson convictedAppealed because the jury wasn’t a good representation, lacked a variation in raceSo find a race neutral reasonExclude based on gender?Nope.What do you exclude for?Implicit personality theories of lawyersSimplistic stereotypes of people based primarily on demographic factorsPredicting most sympathetic jurorsGuesses based on age, gender, occupation, politics, etc., etc.StrategiesIf a juror is demographically similar to the defendant…?Similarity-leniency hypothesisEmpathy toward similar otherBlack sheep effectPunish people with whom they share group membership & reflect poorly on the groupThe “Poison Pill”Hung juryA jury that cant make a unanimous decisionWho would benefit from this strategy?The defenseEthical?It dependsNo strategy strategySomeone that just wants 12 jurorsDo Demographics Matter?Sometimes in some casesMay be more important regarding deliberations than opinions regarding caseWho is influential?Tall, extroverted menWhat about Personality?AuthoritarianismThe idea that someone cares about the rules because they are rulesProsecution prefers this type of personalityLocus of controlInternal = more likely to attribute responsibility to themselves than externalInternal: blame is put more on yourself and you hold yourself more accountableFavored by the prosecutionExternal: put blame on the outside world“Just world” hypothesisActions bring “morally fair” consequences“If it happened then whatever the consequence was is fair.”What about prior experience?Prior experience can change you perception of the case no matter the type of personalityTrial ConsultingHistory“Harrisburg 7” (1971)Vietnam protestersDefenseSurveyed over 1,000 Harrisburg residentsIdentified demographic profiles of jurors’ sympathetic to their caseEnded with a hung juryO.J.Did Marcia Clark ‘blow it?’By firing her jury consultant after she wouldn’t listen to anything he had to sayFocus tends to be on “scientific jury selection,” but actually involved in many other aspects of trials3 Basic IssuesDoes it work?Is it fair?Does it need regulation?Trial Consultants“It’s gotten to the point where if the case is large enough, it’s almost malpractice not to use them”“No self-respecting trial lawyer will go through the process of jury selection in an important case without the assistance of highly paid trial consultants”-Practicing attorneysExample 1 and 2, etc.MMG Jury ConsultingDecisionQuestHow does it work?Community surveysFocus groupsGroup of people that you get their opinion fromMock trialsPretrial investigation of potential jurors (Eek!)Ethnically questionableNot typicalVoir DirePost selection toolsDoes it work?ProbablyNot a massive effect, but you may only be looking to sway 1 out of 12 peopleStudies are methodologically weakMock juries; inappropriate predictorsWhy?Mock trials are not set in reality, they are given scenarios and asked to make a decision, so when it comes to a real trial, they may react differentlyDifficult to set up mock trials to look like the real worldIs it Fair?If it works… then isn’t it unfair?Does it introduce bias?Shield of the rich and powerful?“Very few trial consultants can come in and do any meaningful work for less than $50,000 to $100,000.” (Lambert, 1994)Would providing it to both sides solve the problem?Lecture 6Outline of Last Lecture I. The Green River Killer II. ProfilingIII. Criminal ProfileIV. Crime PhasesV. Types of BehaviorOutline of Current Lecture VI. Trial ProcessVII. Steps in the Trial Process VIII. What Makes a “Good Jury”?IX. 6th Amendment X. Jury Selectiona. ExemptionsXI. Strategies XII. Trial Consulting a. Historyb. Basic Issues c. Trial Consultants Current Lecture Trial Process- What are trials intended to accomplish?o Find “the truth” Rarely this simple The truth is complicated, people have different perceptions of what the truth is- A test of “credibility”o Which version of “the truth”?- Conflict-resolving ritualo Closure/procedural justice Steps in the Trial Process - Preliminary actions- Jury selection- The trial- Sentencing- The appellate processo Appellate court has to listen to the case but the Supreme Court is not obligated to listen to the case PSYC 371 1st Edition What makes a “good jury”?- Representative of the population- Open-minded, willing to hear both sides, non-biased- Impartial  6th Amendment - “…the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been