Lecture 6: Juries

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Questions and Answers

In which country was the idea of trial by jury of ordinary citizens invented?

Britain

Athens (correct)

Rome

Egypt

What was the consequence for juries that disagreed with judges over verdicts until 1670?

They were fined or imprisoned (correct)

They were exempt from jury duty

They were rewarded with a fine

They were imprisoned

Who is exempt from jury duty in Australia?

People with a criminal record

Ex-prisoners within 10 years

Senators, judges, MP, clergy, barristers, solicitors, medical practitioners, members of armed forces and police officers (correct)

Citizens above 18 years of age

What is a requirement for a person to be eligible for jury duty in Australia?

Must be a citizen of Australia Signup and view all the answers

What is the minimum age requirement for a person to be eligible for jury duty in Australia?

18 years of age Signup and view all the answers

Where is evidence of jury systems found, dating back 4000 years?

Egypt Signup and view all the answers

Who introduced the idea of trial by jury into Britain?

The Normans Signup and view all the answers

What is a common exclusion criterion for jury duty in Australia?

Ex-prisoners within 10 years Signup and view all the answers

What is a limitation of Field Studies in the context of studying jury behaviour?

Difficulty in obtaining permission from the courts Signup and view all the answers

What is a benefit of note-taking for jurors?

It increases memory and understanding of the evidence, and increases attention Signup and view all the answers

According to research, what is the effect of jurors asking questions via the judge?

It promotes clearer understanding, but does not help get to the truth Signup and view all the answers

What is a stage involved in reaching a jury verdict?

Listening to the judge's instructions Signup and view all the answers

What is a limitation of studying jury behaviour based only on the US jury system?

It may not be generalizable to other countries Signup and view all the answers

What is a challenge jurors may face when listening to evidence?

Understanding statistical evidence and scientific findings Signup and view all the answers

What is a characteristic of Field Studies in the context of studying jury behaviour?

High ecological validity and difficulty in obtaining permission Signup and view all the answers

What is not a stage involved in reaching a jury verdict?

Reaching a plea bargain Signup and view all the answers

In the US, what is a common practice in high-profile cases to ensure a sympathetic jury?

Hiring 'Trial Consultants' to select a jury Signup and view all the answers

What is the primary determinant of a juror's verdict?

Evidence presented in the trial Signup and view all the answers

What is the tendency of jury deliberation toward?

Acquittal Signup and view all the answers

What is the main goal of scientific jury selection?

To draw correlations between demographics and trial-relevant attitudes Signup and view all the answers

What is a limitation of post-trial interviews with jurors?

Social desirability of responses Signup and view all the answers

What is the term for the phenomenon where individuals become more extreme in their initial position following group discussion?

Group polarisation Signup and view all the answers

What is a limitation of using archival records of trials?

Inability to establish cause and effect Signup and view all the answers

What was the methodology of the study by Hastie et al. (1983)?

Juries were shown a re-enactment of an actual murder case and then given unlimited time to deliberate Signup and view all the answers

What can be inferred from the graph in the study by Hastie et al. (1983)?

The proportion of jurors favouring acquittal increases during deliberation Signup and view all the answers

What is the purpose of simulation techniques in studying juror behavior?

To present mock jurors with a simulated trial Signup and view all the answers

Why is scientific jury selection a controversial process?

It tips the scales of justice towards the wealthy Signup and view all the answers

What is the likelihood of minority influence in jury situations?

Not overly likely Signup and view all the answers

Which type of minority has a better chance of influencing the jury's decision?

A minority that favours acquittal Signup and view all the answers

What is a difference between the US and AU in terms of jury selection?

The use of trial consultants is more common in the US Signup and view all the answers

What is the opposite of leniency bias?

Severity bias Signup and view all the answers

What is the primary focus of the content?

Jury deliberation and its dynamics Signup and view all the answers

What is one of the drawbacks of jury trials?

Juries can be unpredictable and their decisions may not be rational Signup and view all the answers

What is an argument in favor of juries?

Each jury brings a “fresh eye” Signup and view all the answers

What is one of the potential biases in jury trials?

The Black-sheep effect Signup and view all the answers

What did a survey of real judges reveal?

Judges would have returned the same verdict as juries in 78% of cases Signup and view all the answers

What is one of the benefits of jury trials?

The decision of a group of peers is more acceptable to the defendant Signup and view all the answers

What do most legal professionals and experts agree on?

We should retain juries Signup and view all the answers

Study Notes

The Psychology of Juries

The concept of jury trials originated in ancient Egypt 4000 years ago and was later developed in Athens, where jurors were selected by lottery.
The idea of trial by jury spread across Europe and was introduced into Britain by the Normans.

Background: Australia

In Australia, rules for juries vary by state, and jurors must be citizens, at least 18 years old, and not have a criminal record within the past 10 years.
Certain professionals, such as senators, judges, MPs, clergy, barristers, solicitors, medical practitioners, and police officers, are exempt from jury duty.

Jury Selection

Demographic variables do not consistently predict juror verdicts.
Evidence is a more potent determinant of juror verdicts than individual characteristics.
When evidence is ambiguous, juror personalities and general attitudes have an effect.
Scientific jury selection involves drawing correlations between demographics and trial-relevant attitudes.
Consultants conduct surveys in the jury population, and if a prospective juror fits an unfavorable profile, a peremptory challenge is used to exclude them.

Studying Jury Behaviour

Four methods to study jury behavior: post-trial interviews, archival records, simulation techniques, and field studies.
Post-trial interviews are limited by social desirability of responses and inaccurate recall.
Archival records are limited by inability to establish cause and effect.
Simulation techniques are limited by questionable generalisability to real-life cases.
Field studies are limited by difficulties in obtaining permission from the courts and inability to control variables.

Reaching a Verdict

The stages involved in reaching a jury verdict are: listening to the evidence, disregarding inadmissible evidence, judge's instructions, juror decision-making, deliberations, and the final verdict.
Two aids have been proposed for jurors: note-taking and asking questions.
Note-taking may help jurors by increasing memory and understanding of the evidence.
Asking questions can promote clearer understanding, but does not help get to the truth.

Jury Deliberation

Leniency bias: the tendency for jury deliberation to produce a tilt towards acquittal.
Group Polarisation: when individuals tend to become more extreme in their initial position following group discussion.
Minority Influence: not overly likely in jury situations, but a minority that favours acquittal stands a better chance than one that favours conviction.
Black-sheep effect: similarity between defendant and mock jurors predicts leniency, except where evidence against defendant is very strong.

Arguments Against Juries

Juries do not guarantee a fair trial.
Juries are not always representative of the community.
Juries do not give reasons for their decisions.
Juries can be unpredictable and irrational.
Jury trials often result in mistrials or hung juries.
Juries are expensive and slow.
Juries sometimes do not understand or remember evidence.

Arguments For Juries

Juries provide an important civic responsibility and jurors feel a sense of responsibility.
The decision of a group of peers is more acceptable to the defendant than the decision of one non-representative judge.
Each jury brings a "fresh eye" to the case.
Jurors possess "common sense".
Juries, unlike judges, can deviate from the letter of the law if they feel it is appropriate to do so.

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Description

This quiz is about the Copyright Regulations 1969 in Australia, covering the rules and laws related to copyright protection.