CLASS 24

JURY PSYCHOLOGY

Example of Applied Psychology

• Applying principles of personality

and social psychology to an important real-world issue

• Issues:

Obedience & conformity

Also group dynamics

Obedience as a trait

• The Authoritarian personality

• Not authoritative; not bossy

• Exaggerated respect for authority

• Related to conservatism

F-scale

• Measures authoritarianism

• 1000 validation studies

• Adorno – California 1950

• Altemeyer – Manitoba 1980

Scientific Jury Selection

Began with 1960s Political trials

• anti-war activists

• Psychologists supported the defense

• Help compensate for government strategies

Voir Dire

• Evaluating potential jurors• Court calls up a sample of potential jury

members from the jury pool • Each one is interviewed by defense and the

prosecution lawyers• Both sides must agree to keep the applicant• Continues until 12 applicants are accepted

How to select applicants favorable to defense

• Richard Christie suggested several approaches

• Evolved to keep ahead of prosecution

1.Personality approach

2.Group dynamics approach

1. Personality strategy

• Advice from Richard Christie

• Pick low-Fs

• But prosecution caught on

2. Group Dynamics Approach

• More complex view of group behavior

• Not just the sum of its parts

Theme 1: Leadership

• Foreperson is the leader

• elected by jury

• usually chosen on status in the community

Strategy

• Find a low-F / high-status person among the candidates

• After that, high-Fs are okay

• Maybe even preferred

Theme 2:

Law of Similarity & Attraction

• Well-established psychological phenomenon

• Similarity -- > attraction

• Every lawyer knows this

"Juries never convict a man that they like." ……………….Clarence Darrow

• Also applies to the way that jury members get along with each other

Subgroup formation:

• Over time, jury members form social subgroups (cliques)

• Especially when sequestered

Defense strategies

1. Pick jury members similar to defendant

2. Pick high-F candidates who are different from each other

3. Pick low-F candidates who are similar to others on the jury

Christie's Standard procedure

• Travel to venue of trial

• Survey the jury pool

• Questionnaire study– Demographics– Personality items– Punishment items

Analysis: find the best questions

demographics

personality

punitiveness

Tree Program

• Yields optimal sequence of questions

• Lawyer uses the tree diagram during jury selection

Trial of Arnie Moskowitz• activist in Brooklyn, New York

• Arrested for armed robbery

• Richard Christie volunteered to help the defense

• Followed the usual procedure

Results

• Best personality item:– Obedience and respect for authority are the

most important virtues to teach your children

• Best personality scale:– F-scale

• BUT judge ruled out personality questions

Best demographics

1. Education (some college or not)

2. Newspaper (New York Times vs. tabloid)

3. Religiousness (attend church vs. never)

4. Etc

Basically -- conservatism vs. liberalism

The verdict

• ACQUIT

• Altogether, Christie successful on 19/21 cases

The "Squamish Five“ Trial

• Local extreme activists (during 1970s)

• Don't like it -- Blow it up

• Both sides brought in teams

• Took 2 months to select the jury

Later Developments in Jury Selection

• Fewer political trials (maybe Occupy protestors)

• Judges are now wary

• Instead, applied to non-political trials

• e.g., O.J. Simpson & big-business trials

e.g., book and movie

Runaway Jury• Ciagarette companies

Is Scientific Jury Selection

a good thing?

– PROS• Improves ability to avoid biased jurors• Consistent with adversary system

– CONS• gives more advantage to the wealthy• selection process can go on forever