Title: Scientific Jury Selection: History, Practice, and Controversy*
Abstract: Juries decide thousands of cases every year. Even though the majority of court cases are not settled by juries, predictions about juries influence decisions to pursue or avoid jury trials (Greene, Chopra, Kovera, Penrod, Rose, Schuller et al., 2002); therefore, the jury system maintains a central importance in American law. Given this importance, it is not surprising that the selection of jurors has, for many, become a scientifically-rooted service for which attorneys and litigants will often pay handsome fees. Scientific jury selection – the application of behavioral and social scientific principles to the selection of jurors most sympathetic to a particular side in a court case – has experienced a growth spurt since its inception in the early 1970s. It has also received substantial publicity in the news media, e.g., for its use by the defense in the O.J. Simpson criminal trial in 1995. This relatively new field is controversial: questions exist about its effectiveness, its fairness and the fact that it is virtually unregulated. Evidence from academia largely indicates that scientific jury selection does no good, yet the market for such services continues to flourish. What methods do jury selection experts employ? What are the bases for the controversy surrounding this “hot” field? What, if any, solutions have been suggested to alleviate these concerns?
Publication Year: 2004
Publication Date: 2004-11-30
Language: en
Type: article
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Cited By Count: 1
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