ERIC Number: ED118472
Record Type: RIE
Publication Date: 1975-Dec
Identifying and Controlling the Effects of Biases in Criminal Trials by Jury.
Lindmark, Joyce A.
Three changes in trial procedure are proposed to minimize the effects of individual juror bias and those biases that are artifically induced by lawyers. Since certain personality types are likely to maintain whatever prejudices they bring to court, no one should be exempted from jury duty unless he is mentally retarded or physically incapacitated in a way that makes jury service impossible. This would not eliminate juror bias but would broaden the venire in order to more accurately reflect the biases of the total community. Second, since most jurors have a verdict in mind before they leave the jury box, unanimous verdicts should be eliminated. This would decrease the effect of individual biases of either the majority or minority in jury deliberations. Third, lawyer-derived biases may be eliminated by doing away with both cause and peremptory challenges. Too often lawyers use jury selection as means to seat jurors who have biases favorable to their side of the case. Also, in many cases, prospective jurors learn to give the "right" answer, glossing over their actual feelings. (Author/DE)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper prepared for annual meeting of Speech Communication Association (Houston, Texas, December 1975)