Mind Of The Juror As Judge Of The Facts Or The Laymans View Of The Law A Study Of The Contentious Trial

Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.

Shari Seidman Diamond Scholars interested in psychology and law are fond of c1aiming origins for psycholegal research that date back four score and three years ago to Hugo von Munsterberg's On the Witness Stand, published in 1908. These early roots can mislead the casual observer about the history of psychology and law. Vigorous and sustained research in the field is a recent phenomenon. It is only 15 years since the first review of psy chology and law appeared in the Annual Review of Psychology (Tapp, 1976). The following year saw the first issue of Law and Human Behavior, the official publication of the American Psychology-Law Society and now the journal of the American Psychological Associ ation's Division of Psychology and Law. Few psychology departments offered even a single course in psychology and law before 1973, while by 1982 1/4 of psychology graduate programs had at least one course, and a number had begun to offer forensic minors and/or joint J. D. / Ph. D. programs (Freeman & Roesch, see Chapter 28). Yet this short period of less than 20 years has seen a dramatic level of activity. Its strengths and weaknesses, excitements and disappointments, are aII captured in the collection of chapters published in this first Handbook of Psychology and Law. In describing what we have learned ab out psychology and law, the works included here also reveal the questions we have yet to answer and thus offer a blueprint for activities in the next 20 years.

Confronting readers with intellectual and moral dilemmas faced by real jurors, The Jury Crisis explores the near collapse of jury trials in America, examines alternative paths to justice and proposes how to restore trial by jury as the trusted foundation of American democracy.

This guide goes beyond the topic of jury psychology. Instead, it speaks to the psychology of all of the people involved in a case and how that psychology affects the manner in which we make decisions and communicate at trial. Specifically, Dr. Gomez examines key aspects of the psychology of jurors, attorneys, judges, and witnesses and analyzes how each person influences the way a case is presented to and received by jurors. Dr. Gomez takes real-life stories from the road and ties them to theory and research from disciplines such as psychology, advertising, marketing, politics, homeland security, and sociology. The goal is to understand human nature as it applies across multiple contexts so you can learn a practical lesson as it applies to the courtroom. This guide helps attorneys take a step back to address the big picture of a case, to step outside of their own viewpoint, and to turn their perspective of their case outside-in. It is a conduit that connects psychological principles applicable to civil and criminal cases, to plaintiffs and defendants, to medical malpractice, product liability, intellectual property, contract, aviation, trucking, and all other cases that involve human beings.