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Deliberation Quality: A Preliminary Examination in Criminal Juries
Author(s) -
Devine Dennis J.,
Buddenbaum Jennifer,
Houp Stephanie,
Stolle Dennis P.,
Studebaker Nathan
Publication year - 2007
Publication title -
journal of empirical legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 24
eISSN - 1740-1461
pISSN - 1740-1453
DOI - 10.1111/j.1740-1461.2007.00089.x
Subject(s) - deliberation , jury , acquittal , verdict , conviction , quality (philosophy) , psychology , set (abstract data type) , process (computing) , social psychology , political science , law , epistemology , computer science , philosophy , politics , programming language , operating system
Large‐scale studies of the deliberation process in actual juries have been surprisingly rare, and relatively little attention has been devoted to how well juries deliberate. This study identified a set of process‐related criteria relevant to the quality of criminal jury deliberations and examined empirical relationships between indicators of these criteria and jury verdicts. Data were obtained via posttrial surveys from jurors and legal professionals associated with 179 criminal jury trials in Indiana. The quality of deliberations varied across the process criteria, with juries reportedly doing fairly well in terms of understanding their instructions and reviewing the evidence, but not as well with regard to systematically gathering input from their members, adopting an evidence‐driven deliberation style, and avoiding factionalism. Several deliberation variables were also strongly related to jury verdicts, particularly the foreperson's initial verdict stance and the emergence of an identifiable pro‐acquittal faction leader. Discussion of reasonable doubt and thoroughness of evidence review also tended to be negatively correlated with conviction even when strength of evidence was controlled. This study calls attention to the importance of deliberation quality.