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Running Header: Psychology and Jury

The Psychology of Jury Selection

Elizabeth Hall

Kaplan University

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The Psychology of Jury Selection

Introduction

Once it has been determined that a trial will proceed to a jury trial, there are steps that are

taken to select a suitable jury to hear the case. Candidates for venire, which is the large pool of

people selected to represent a group of our peers, are selected, usually from voter registration and

drivers’ license lists from the jurisdiction represented. Usually the number varies from 30 to 200

and must represent a fairly accurate cross section of the jurisdiction representing the case

according to Greene, Heibrun, Fortune, and Nietzel (2006). Once this is completed, a process

called voir dire is used to weed out unfavorable candidates and select the actual jury members for

the case. This is achieved by questioning each individual separately to ensure that potential jury

members are right for the individual case. (Greene, Heibrun, Fortune, and Nietzel, 2006)

Attorneys on sides, prosecution, and defense often take the advice of experts from the

field of psychology on which jurors to keep, and which to dismiss to achieve a favorable result.

Each side gets a predisposed number of preemptory challenges in which a potential juror may be

dismissed without reason. It is in this step of jury selection that psychologists are most needed,

because a bad jury selection can tip the scales in either direction, and a few can ensure that the

outcome of the trial will not be favorable for that side of the issue. According to Hutson (2007),

jury selection advice has become large-scale business for forensic psychologists. He goes on to

say, that some firms offer scientific jury selection advice, while others offer advice based on

social psychology. Either way, the addition of expert advice during the jury selection process is

viewed as a valuable tool, because both sides can evaluate the potential jurors and their

personalities by trained professionals knowledgeable in the study of people. (Greene et al, 2006)

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Psychologist Roles in the Jury Selection Process

For forensic psychologists involved with the jury selection process or voir dire, notes

Koocher (2009), use their knowledge of people to help the criminal defense attorney select jurors

sympathetic to the defendant and most likely to acquit. Likewise, the prosecutorial attorneys use

forensic psychologists to select jury members most likely to convict the defendant. It is

believed, that through the advice given to both sides by forensic psychologists that a fair and

balanced jury can be selected. The advice given by the psychologists is intended help the

attorneys weed out jurors from the pool who may show bias for any reason including race, sex,

and preexisting beliefs about the circumstances of a case, which are not to be considered in

judging guilt or innocence during a trial. (Greene et al, 2006)

An example of a normal question asked during voir dire might be “Do you believe as a

juror that you can set aside any negative feelings you might have toward the defendant because

he is black or a police officer (Greene et al, 2006)”? You can change the end of the sentence to

“because he is” whatever the defendant happens to be associated with negatively or positively, as

positive feelings towards the defendant can sway jury verdicts as well. One example of a case

such as this involves famous basketball star Michael Jordan and his lawsuit alleging that he

broke his promise to star in a movie. Almost all of the jurors picked for venire confessed that

they could not be impartial to such an admired defendant and they had a hard time seating a jury

for the case. In addition, when they finally got a jury seated, coincidence or not, they voted in

favor of Jordan. (Greene et al, 2006)

The Importance of Juror Personality Characteristics

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While juror demographics may play a large role in individual juror decisions, the

individual personality characteristics play an equal part in determining how a jury will perceive

the particulars of any case. According to Greene et al (2006), studies’ depicting that personality

attributes, such as authoritarianism, possessing an internal/external locus of control, belief in a

just world, or prior jury experience can affect jury perceptions. According to Hutson (2007),

Clarence Darrow said, “Almost every case has been won or lost when the jury is sworn.” This

effectively implies the importance of an effective voir dire and the use of all tools available

including advice on human behavior by psychologists for they are deemed the experts on the

subject. (Hutson, 2007)

Scientific Jury Selection and Effectiveness

Giewat (2007) defines scientific jury selection as the successful integration of social

science and empirical research as it applies to the courts. It should be noted that the term

scientific jury selection applies to a process used by the legal system to allow trial consultants

possessing backgrounds in social science to use psychological theory and tools to aid in the

process of jury selection. The tools often used are community attitude surveys, questionnaires,

approved questioning methods, and non-verbal and verbal behavioral cues.

Scientific jury selection uses demographic and personality/attitude aspects in order to

assist in the identification of unsuitable or prejudiced jury candidates. While social scientists use

both demographic and personality/attitude factors, it is believed that the personality/attitude data

and theory is more reliable as predictors for juror perception of the situation. Giewat (2007)

notes, that Lieberman and Sales stress that specific questioning, as opposed to vague questioning

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seems to work best. Greene (2007) asserts that the scope of this work is expanding to pretrial

assessments of evidentiary reaction and other services.

Conclusion

The addition of expert advice during the jury selection process is viewed as a valuable

tool, because both sides can evaluate the potential jurors and their personalities by trained

professionals knowledgeable in the study of people. Social scientists can use demographics, and

personality/attitude assessments, along with behavioral theory and individual personality

characteristics to assist prosecutors in jury selection. They also use community attitude surveys,

questionnaires, approved questioning methods, and non-verbal and verbal behavioral cues. The

goal is to provide each side, prosecution and defense the chance to question each jury member to

determine suitability for jury candidacy. Our current justice system rules operate under the

assumption that allowing either party access to expert advice and preemptory challenges will

ensure that a fair and balanced jury is chosen for the case. (Greene et al, 2006)

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References:

Giewat, G.R. PhD, (2007). Book Review: Scientific Jury Selection. Retrieved From:

http://www.courtinnovation.org/_uploads/documents/giewat.pdf

Greene, E., Heibrun, K., Fortune, W.H., Nietzel, M.T. (2006). Psychology and the Legal System

(6th Ed.). Florence, Kentucky. Cengage Learning

Hutson, M. (2007). Psychology Today. Unnatural Selection. Retrieved From:

http://www.psychologytoday.com/articles/200703/unnatural-selection

Koocher, G.P., (2009). Ethics and the Invisible Psychologist. American Psychological

Association. Retrieved From:

http://www.ethicsresearch.com/images/Ethics_and_the_Invisible_Psychologist.pdf