Jurors' Emotional Reactions to Serving on a Capital Trial PDF

“I DIDN’T KNOW IT’D BE SO HARD” JURORS’ EMOTIONAL REACTIONS TO SERVING ON A CAPITAL TRIAL by MICHAEL E. ANTONIO, Ph.D. Interviews with jurors who served he modern capital pun- on capital murder cases revealed that “they...

“I DIDN’T KNOW IT’D BE SO HARD” JURORS’ EMOTIONAL REACTIONS TO SERVING ON A CAPITAL TRIAL by MICHAEL E. ANTONIO, Ph.D. Interviews with jurors who served he modern capital pun- on capital murder cases revealed that “they felt some party would T ishment system has been challenged by critics on numerous fronts.1 many experienced significant stress and suffered extreme emotional setbacks. be offended.”3 In general, jurors’ concerns included a “sense of anxiety for Much less has been written, their own safety and well- however, about the psychological and physical impact being” and fear and paranoia about being watched by that murder cases have on capital jurors.2 These individ- people inside the courthouse, including the defen- uals, who are called upon by the state to make the ulti- dant’s family.4 mate decision about whether the defendant should live or die, will surely be affected, in one way or another, by I would like to thank William J. Bowers and Danielle Dignan for their help- ful comments and contributions to this article. this experience. This article presents evidence about the 1. See, generally, http://www.deathpenaltyinfo.org severe emotional and psychological duress jurors strug- 2. On juror stress in general, see T.L. Hafemeister & W.L. Ventis, Juror stress: What burden have we placed on our juries? 56 TEX. B. J. 586 (1993); M. K. gle with as a result of their jury service as revealed Miller & B. H. Bornstein, Juror Stress: Causes and Interventions, 30 T. MARSHALL through extensive in-depth interviews with jurors who L. REV. 237 (2004); T. L. Hafemeister, Juror Stress, 41 ADVOCATE 14 (1998); and L. H. Bienen, Helping Jurors Out: Post-Verdict Debriefing for Jurors In Emotionally made the critical life or death decision in capital cases. Disturbing Trials, 68 IND. L.J. 1333 (1993). The anxiety a juror feels as a result of jury service can As to particular stresses on capital jurors, see M. Saewitz, Many jurors scarred by trials: Experiences from death penalty cases can stay with those deciding the come from multiple sources. Jurors have expressed outcome for a long time, Sarasota Herald Tribune, December 4, 2005; S. Eaton anger at the criminal justice system and the law for mak- & J. Silcox, For jurors, a lifetime sentence: Stress of death-penalty cases often lingers beyond trial, Fort Wayne Journal Gazette, March 21, 2004. ing it difficult “to arrive at a fair decision” and also men- 3.T.B. Feldmann & R.A. Bell, Crisis debriefing of a jury after a murder trial, 42 tioned frustration at having to reach a decision in which HOSPITAL AND COMMUNITY PSYCHIATRY, 79, 80 (1991). 282 JUDICATURE Volume 89, Number 5 March-April 2006  These heightened feelings of anxi- death.8 Other research has compared examination of jurors’ narrative ety and stress could lead to a variety differences in Post Traumatic Stress accounts to determine how serving of health problems. Indeed, Disorder (PTSD) symptoms among as a capital juror affected them both researchers studying criminal cases jurors in capital cases who made the emotionally and physically. The find- have identified “one or more physi- life or death decision. Findings ings raise important questions about cal and/or psychological symptoms showed “jurors whose jury panel ren- the personal costs jurors endure. that could be related to jury duty.”5 dered a death penalty did sustain Should ordinary citizens be put in These included reoccurring greater PTSD symptoms than did situations where they may be forced thoughts about the trial that would jurors whose jury panel rendered a to view gruesome photographs of vic- keep the jurors awake at night or life sentence.”9 tims’ bodies, hear horrifying stories nightmares about the crime and the Overall, these findings indicate of how a person was murdered, and defendant, stomach pains, nervous- that capital jurors experience signifi- be called upon to sentence a person ness, tension, shaking, headaches, cant stress when faced with the task to death? Moreover, do average citi- heart palpitations, sexual inhibi- of imposing the ultimate punish- zens have the capacity and fortitude tions, depression, anorexia, faint- ment of death, whereas jurors in to withstand the stress and pressure ness, numbness, chest pain, and non-capital trials are spared such associated with serving on capital tri- hives.6 physical and emotional stress. Critics als, and what is the responsibility of Research also has shown differing of the death penalty have only begun the state for helping jurors cope with levels of stress depending upon the to examine the impact that serving their experiences? case. Jurors who served on traumatic on a capital trial has on jurors who cases (i.e. murder, aggravated kidnap- must make the decision of whether The Capital Jury Project ping, aggravated sexual assault, aggra- the defendant should live or die. The CJP is a national program of vated assault, and child abuse) were What other aspects of a capital mur- research on the decision making of more likely to experience symptoms der trial have jurors found stressful, capital jurors conducted by a consor- associated with depression than were how do they cope with this stress, tium of university-based researchers jurors serving on non-traumatic tri- and how has their experience with the support of the National Sci- als.7 Researchers in one study found affected their lives? ence Foundation. The findings of that jurors in murder cases were par- This article analyzes data gathered the CJP are based on in-depth inter- ticularly upset by the photographs of from the Capital Jury Project (CJP), views with persons who have actually the victim, the blood tainted physical a national study of the exercise of served as jurors in capital trials.10 The evidence from the crime scene, and sentencing discretion in capital interviews chronicle the jurors’ expe- having to sentence the defendant to cases. The focus of this analysis is an riences and decision making over the course of the trial, identify points at which various influences come 4. National Center for State Courts, THROUGH Daley, The Health Effects of Jury Service, 18 LAW into play, and reveal the ways in THE EYES OF THE JUROR: A MANUAL FOR ADDRESSING AND PSYCHOLOGY REV. 267 (1994). JUROR STRESS 34. (Williamsburg, VA.: National 8. Kaplan and Winget, supra n. 5, at 327; also which jurors reach their final sen- Center for State Courts, 1998), also see Feldmann see NCSC, supra n. 4, at 71 (Table 4) (showing tencing decisions.11 and Bell supra n. 3, at 80 (showing that jurors the strongest source of stress reported by jurors expressed fear about reprisal or criticism from the in capital cases was having to decide on whether The CJP has interviewed capital community, friends, and family over the decision to impose the death penalty). jurors in 14 states. States were cho- they reached). 9. R.M. Cusack, “Stress and stress symptoms in 5. S.M. Kaplan & C. Winget, The occupational capital murder jurors: Is jury duty hazardous to sen to reflect the principal variations hazards of jury duty. 21st Annual Meeting of the Amer- jurors’ mental health?” Unpublished doctoral dis- in guided discretion capital ican Academy of Psychiatry and the Law, 20 BULL. AM. sertation, at 102 (1990). ACADEMY OF PSYCHIATRY AND L., 325, 327 (1992). 10. For further details of the sampling design statutes.12 Within each state, 20 to 30 6. Id. at 328-331; also see S. Costanzo and M. and data collection procedures, see W. J. Bowers, capital trials were picked to repre- Costanzo, Life or Death Decisions: An Analysis of Cap- The Capital Jury Project: Rationale, Design, and Pre- ital Jury Decision Making under the Special Issues Sen- view of Early Findings, 70 IND. L. J. 1043, 1080 nn. sent both life and death sentencing tencing Framework, 18 LAW AND HUM. BEHAV. 151, 200-03 (1995). outcomes.13 From each trial, a target 165 (1994) (showing that jurors in capital murder 11. Id. at 1082 n. 206, for further information cases reported similar symptoms (i.e. trouble on the interview questions and methods used. sample of four jurors was systemati- sleeping, fatigue, irritability, reoccurring thoughts 12. Id. at 1077-79 (supplying further details cally selected for in-depth individual or paranoia, headaches, stomachaches, back- about sampling states). aches, and pathologically clenched teeth). 13. Id. at 1079, 1080 nn. 200-203 for further interviews. Interviewing began in the 7. D. W. Sherman, J. A. Hamilton, and C. E. details about sampling trials within states. summer of 1991.14 Each juror inter- www.ajs.org JUDICATURE 283 view lasted approximately three to me and helped me to resolve some of we can show when the stress or pres- four hours. The present CJP working the philosophical questions I had had sure associated with serving on a cap- about the death penalty. sample includes 1,198 jurors from ital trial initially affected them. 353 capital trials in 14 states. Since Jurors’ responses were categorized 1993, approximately 40 articles A large majority of jurors, however, into one of three groups relating to reporting the findings of the CJP reflected negatively upon this experi- when the stress impacted them: 1) have been published in scholarly ence. Indeed, 49 jurors (22 males, during the trial, 2) immediately after journals,15 and some of this research 12D, 10L; 27 females, 15D, 12L) the punishment decision was has been cited in U.S. Supreme found serving on a capital jury “emo- announced, or 3) in the days, weeks, Court decisions.16 tionally upsetting.” Many attributed or months after the trial ended. During the CJP interview, jurors their negative emotional states to hav- were asked two questions about their ing to decide whether the defendant During the trial experience serving on a capital trial. should live or die, although this was Only a few of the jurors reported Jurors were asked to respond “Yes” or true more so for men than women. A that the impact of their jury experi- “No” to the following questions, “Did male juror from a death case said he ence was felt while the trial was you find the experience emotionally felt emotionally upset occurring. Six (2 males, 2D; 4 upsetting?” and “During the trial or …because of the seriousness of taking females, 1D 3L) mentioned being right after it, did you have any trou- the life of another individual. While I upset during the trial, but then felt ble sleeping, any bad dreams or felt I had a duty to do it, under any cir- relatively fine afterward. There are nightmares, or lose your appetite?” cumstances whatsoever when you’re no apparent distinctions between responsible for the taking of the life of Jurors were given the opportunity to males and females; both mentioned another individual it’s a very serious elaborate or further explain their thing and that’s emotionally upsetting, being upset about the pictures answer. it’s hard to do, you wrestle with it a lot. shown during the trial and that mak- A total of 534 jurors explained, in As to whether or not that’s really the ing the punishment decision was the varying detail, how emotionally thing you ought to do. Because once main cause of their stress. One of the you’ve taken that individual’s life, upsetting their experience was and female jurors from a death case com- there’s absolutely no chance for any 327 jurors elaborated about specific change whatsoever. That person’s eter- mented, troubles they had during and after nal fate is sealed at that time and you The penalty phase was very hard, emo- the trial. From the juror narratives, wrestle with that—that’s an emotional tionally difficult. I think part of the rea- specific themes emerged. Overall, 25 thing—and you think—am I really son it was so difficult is you couldn’t percent of jurors’ comments about doing the right thing? It’s a hard deci- talk to anybody you know, you couldn’t sion to make, but it’s a decision some- talk to your husband, wife, anybody being emotionally upset and 28 per- body’s got to…the most serious issues about the case and it was very hard … it cent about other specific troubles in my opinion are life and death deci- was just hard because you thought were considered.17 The following sions and they’re hard. about it for 24 hours and you know analysis presents these themes, while because you were so…and it went for selecting the most comprehensive so many months…once a decision was made I was okay. It was just during the and detailed narratives.18 Feeling the impact process that was very hard. While female jurors also mentioned Juror narrative accounts feeling emotionally upset at having to Two male jurors from separate Several jurors reflected favorably make a punishment decision, they death cases both discussed the diffi- upon their jury experience. Eighteen were more likely than men to admit culties they had during the trial. One jurors (9 males, 4D, 5L; 9 females, 3D, that their emotional states led to cry- commented, “Yes, during the trial I 6L)19 reported enjoying serving on a ing. The female jurors also were would wake up and, well, I would capital case and described their expe- more likely to describe when they have dreams of the pictures and all riences as “…quite exciting and really first felt impacted by such emotion or that you would see and I would wake enjoyed it,” “a learning experience,” stress, either during or after the trial. up in the middle of the night seeing and “very rewarding, educational.” From the responses given by jurors, that.” The second male juror noted, These individuals liked the jury expe- rience because it helped them come to terms with their feelings about the 14. Most interviews were conducted in the 16. See, for example, Simmons v South Car- death penalty. This was best described period 1991-1994 when interviewing was under- olina, 512 U.S. 154 (1994), n 8. taken in the original eight sample states and four 17. Only jurors’ narratives that were one or by a male juror in a death case, additional states that were added to enhance sam- more sentences in length and provided a clear ple coverage. Interviewing continued until 1999 theme were examined. in two additional states that subsequently joined 18. The names of the defendant, the victim, …I felt like I was part of it, it wasn’t like the CJP and in selected states to extend sample and their families, as well as the specific location watching TV or reading about it, I was coverage or improve sample representativeness. of the crime or trial have been removed to protect actually involved in it…I finally had to See Bowers supra n. 10. the anonymity of individual jurors. admit how I felt about it and was sur- 15. See the Capital Jury Project website (at 19. The number of cases resulting in a death www.cjp.neu.edu) for an updated listing of CJP sentence are signified by the capital letter D, cases prised that I could impose it with no related articles, commentaries, and doctoral dis- resulting in a life sentence are signified with the guilt. It was personally enlightening for sertations. capital letter L. 284 JUDICATURE Volume 89, Number 5 March-April 2006  I did at the time, but not now guess the courthouse after the trial had on vacation afterwards up to New that's what it means, I did at the time. ended, England, and I’d see a rock in a field It's just trying to decide if it's right to take someone's life and I equated that and I would burst into tears…it has I mean they release you...we went decision that I was having to make through the circus and everything...you been kind of a nightmare thing.” with the same crime he had done, he go down to the garage to the car, you Another female juror from a death killed someone. Just because it's legal jump in your car and drive home...and I case discussed the lingering effects doesn't make it right. That's the prob- was on (the) freeway…and it just hit her experience as a capital juror had lem I had. me...what the importance of what we had on her: just done. I was kinda like in a fog ‘cause I don’t remember much driving from the …the next morning I felt the same way garage at (the) Courthouse…but just as you do after death—just severely, these realizations. I just suddenly realized emotionally drained. For a long time I the importance of what had happened. would think about both of them, they My vote with 11 other people...that some would be the last thing I thought about man is going to die. It didn’t really hit before I went to sleep and the first thing that much until then. I thought of when I got up. I don’t know if it’s like that on other trials, but for capital murders it’s very profound. Days, weeks, or You do get very involved with them and months after the trial their families. It’s like a forced intimacy. Just because trial is over they don’t dis- By far, most of the jurors talked appear out of your head right away. about how the stress of serving as a capital juror impacted them long Although significantly fewer male jurors reported symptoms of “post jury blues” there were a few that did experience long-term effects as a “I lost it after the trial, I started crying. It was result of serving on a capital case. The majority of these responses emotionally exhausting.” involved persistent thoughts of the trial. One male juror from a death case mentioned, Immediately after the trial after the trial ended. In all, 38 jurors I had emotional indigestion for a while. In several instances jurors spoke (9 males, 7D, 2L; 29 females, 22D, I kept recycling this thing in my mind about how the stress of being a capi- 7L) commented about the lingering over and over. I wondered what I could tal juror did not impact them until effects. Many who sentenced the have done to kept this from happen- ing. What could society have done to after the trial was over. Fifteen jurors defendant to death were the one’s prevent this? I couldn’t do anything. I (3 male, 3D; 12 female, 5D, 7L) men- most affected. One female juror finally had to accept our decision. tioned the impact of their service was mentioned the difficulties other felt immediately after the trial had jurors on her panel experienced One juror in a death case noted, ended. Almost all of the comments after the trial, “…it was kinda an “Um, I kept seeing reoccurrences of were about the jurors crying because ordeal… and we termed it post jury the crime. (Interviewer: While you they were upset from having to blues.” Indeed, some jurors contin- were sleeping?) Yes, and uh during undergo such an ordeal or simply ued to suffer both mentally or emo- the day too. I would think back to because they were relieved their jury tionally in the weeks and months the trial. I probably did that for a few service was over. What most affected after the trial, while others experi- months afterwards.” Another juror two female jurors immediately after enced changes in their relationships from a death case commented that the trial was the reaction the victim’s or lifestyles. Several jurors talked he, “…had trouble sleeping a couple family would have to the jury’s deci- about their inability to forget what days…afterwards, not during. Just sion. Both of these jurors served on they heard or saw during the trial. wanted to forget, but it’s hard to do. life cases. These jurors said, “I lost it One of the most explosive reac- Next day trying to forget about (it)— after the trial, I started crying. It was tions came from a female juror who you go to work and someone says, emotionally exhausting. I felt like I voted for a death sentence. In that ‘you fried the S-O-B.’ Want to get it let the (victim’s family) down” and case the murder weapon, a small out of your mind, but it’s kind of “really broke down afterwards. I felt rock tainted with the victim’s blood, hard to do that.” bad for the family, I didn’t know it’d was shown in court as evidence of be so hard.” how the defendant bludgeoned his Impact on personal lives A male juror who sentenced the victim to death. This juror described Given the lasting effects of their defendant to death mentioned how how that evidence affected her long experience serving as a capital juror, the impact of his jury service did not after the trial ended, “just driving it is not unexpected that the jurors’ affect him until driving home from down the road last summer, we went personal lives, and those close to www.ajs.org JUDICATURE 285 them, would be affected as well. Sev- the trial to document the crime we should’ve given and we didn’t.” eral women talked about how their scene or to show the victim’s body. The second juror added that the experience as a capital juror was a “horror of the crime stays with me. I major cause of tension between Physiological symptoms feel a just punishment wasn’t given.” themselves and their spouses. A few In addition to the sleeping problems The jurors who wanted a life sen- mentioned how not being able to that some capital jurors experienced tence, however, did not speak as confi- discuss the case with their spouses during and after the trial, others dently as their counterparts. They actually threatened their marriages, reacted to their jury experience with tended to express their belief through while others reported the fact that physiological symptoms. Eleven regret and guilt rather than anger or they could not talk about the trial jurors (1 male, 1D; 10 female, 5D, strong comments. One female juror caused stress among their friends 5L) reported feeling or getting “sick” commented, “it’s a very heavy burden and co-workers. A juror from a death after the trial. A female juror from a to decide the death penalty. I have case noted, death case explained how the stress doubts about whether that was the I had a very difficult time, my husband, and the burden of being a capital right or best solution. The best answer, we almost separated over it. (Inter- juror affected her: the best punishment.” viewer: How did your husband feel I couldn’t sleep and I got physically Other jurors who felt that life was when you were called to jury duty?) He an appropriate punishment, sick, you know, vomiting. (Interviewer: wanted me to get out of it. I was so How long did that last after? I mean expressed guilt that they conformed depressed. I felt out of control. I would days, months, weeks?) Days, but I still, I to pressures from other jurors, thrash in my sleep, I had to move out of mean it’s better now, but for awhile, a my bedroom. I was so helpless, I finally “…part of the group recommended few years it really did disturb me just just lost it and I stopped talking. thinking about and anytime I’d hear his an execution that I don’t believe name or even see the building where was appropriate, I questioned Another female juror from a life the restaurant was located… whether I stand up for what I case reported how her experience believe. I feel almost like I was affected her professional life: Jurors in cases that resulted in life brainwashed (by the others). I also reported feeling sick as a result believed their projection of me that After the trial, uh, the first day that I of their jury service. One female I was not a valuable juror.” Finally, went back to work, somebody came up juror from a life case responded sim- one male juror expressed his regret and said, ‘Hi, how ya’ doing?’ and I just ilarly about the trial process and the by saying, “I was right, but didn’t cut loose crying and I cried for an hour physical effects it had on her, “…I stick with my decision. I changed solid, and my boss was in the office that took it to heart and I really wanted to my vote when I didn’t believe in day, just on a routine visit, and that poor man didn’t know what to do! [He] do the right thing. I put too much what I was doing.” kept saying, ‘She’s gotta get some help!’ into it and got sick. I never want to He thought I was having a nervous be on another one—too much stress. Fear breakdown, but I mean, it was just, it I take it all too serious and when it’s While these jurors left the court- had to come out somewhere, I guess…I over, I let it all out. I tried so hard to room feeling personal regret for thought about it all the time, ya know. be fair and do the right thing.” the way the trial ended, others went For many the stress and anxiety away with a great sense of fear for of serving as a capital juror mani- Feeling regret what they had just done. Fear has fested itself in a variety of ways. When the jury’s final punishment been a common theme reported Altogether, 25 jurors (7 male, 4D, decision is read inside the court- among jurors who served on capital 3L; 18 female, 10D, 8L) reported room, the trial has officially ended. trials. Often the defendant’s physi- specific dreams or nightmares con- Jurors are allowed to return to their cal appearance or presence inside cerning the manner in which the families and may finally talk about the courtroom served as a general victim was killed or ones relating to their experiences and the decision source of fear for the jurors. the crime scene. The nature of they reached. Altogether 12 jurors (3 Indeed, 11 jurors (2 males, 2D; 9 their dreams or nightmares, how- males, 3D; 9 females, 5D, 4L) females, 7D, 2L) reported being ever, varied in scope and intensity. expressed regret at their final pun- afraid of the defendant. As one General findings showed that ishment decision. Two jurors on stated, “Um, he scared me. It put women were more likely than men death cases and three on life cases me, you know, at different times, at to report dreaming about acts of stated that the wrong punishment first he scared me, and then pretty reprisal from the defendant, with was reached. The jurors who wanted soon it didn’t. I mean, I looked at women in life cases to be twice as to give a death sentence were angry him and he was trying to intimidate likely to do so compared to women at the life verdict, “I don’t know that us. He’d pick one person and just in death cases. Jurors in death cases I have ever in my life felt something stare at them almost the whole (both male and female) were more so strongly and not been able to fol- trial.” likely to report having dreams low through on it. That the death An additional 12 jurors (2 male, about photographs shown during penalty was called for and that’s what 1D, 1L; 10 female, 5 D, 5 L) were 286 JUDICATURE Volume 89, Number 5 March-April 2006 afraid that the defendant would seek Five jurors (1 male, 4 female) members of their own community. revenge against them, even though expressed concerns about reprisal They were uncertain how their half of these jurors did not seek the from the defendant’s or the victim’s friends, neighbors, co-workers, etc. ultimate punishment of death, but families. They expressed fear about would react to their sentencing rather sentenced the defendant to a being physically harmed by these decision. They were afraid that their lesser punishment of life imprison- family members, “friends” would judge them or not ment. Was this fear due to the fact understand how the jury could have After the trial was over, there was a lot of that the defendant might one day be reached the decision it did. One fear in the jury about the family—like released from prison and attempt to they would be out there waiting when juror mentioned talking about his we got out if we sentenced him to death. jury experience at work and feeling So we asked the sheriff’s department to the need to defend his decision, “I bring the security people in when we was a little upset or worried about a gave down the sentence and keep the people in the courtroom until we were co-worker who was black that I all out of the building. You never know. liked. I thought he might think I You don’t know the family.20 was a racist.”21 One juror expressed concern “Don’t call me” about the awkwardness she would The majority of the jurors inter- feel if she encountered any of the viewed did not want to serve on defendant’s family members outside another capital case. Often the of the trial. She thought she would jurors’ comments were brief, but direct. One male juror from a death case, who refused to serve on another capital jury noted, “…I told “I really wanted to do the right thing. I put too the judge, ‘if you get another case like this, don’t call me.’” much into it and got sick.” The comments from female jurors in life cases all indicated that they were unwilling to serve on a harm the jurors? One female juror be uncomfortable and would not capital case in the future: “Never from a death case noted, know what to say. want to be on another one—too much stress...,” “I don’t want to do it We were afraid to go home. It was late at I was—I was looking over my shoulder again. It was a very gory murder…,” night when we got finished and (the because you know a lot of the and “It was an experience I will defendant) was going to spend the family/friends, and all that, came of night in our county jail and I knew that defendants—and, as a matter of fact, never forget and I’ll never do again. he had previously broken out of jail. They even call me again, I’ll check that very next day (I saw them in) the The sheriff kept us all in his office until into a mental ward first.” Costco’s…oh, God (Interviewer: Do the entire premises was vacated and you think they recognized you right then he saw that each juror was escorted away?) Well, I was like worried. I hope to his or her car and offered to follow us System failures they don’t recognize me ‘cuz what home. He saw how upset we were, we would you say? What would you do? As this last juror’s comment “…I’ll were so upset that we were still standing check into a mental ward…” suggests, How would you respond? You think of there crying about 30 minutes after our those things. Yeah—a little paranoia. the experience of being a capital punishment decision. I don’t know if it was due to being a long, stressful day, or juror was both psychologically and what. I did have them walk me to my car. Other jurors were more afraid of emotionally disturbing. Eight jurors All the way home I was like, afraid to the victim’s family. One mentioned (3 males, 5 females) specifically stop at a stop sign. If a light was red, I how she began to dream about expressed the need for counseling was afraid to stop at it. I did, but I would being attacked by the victim’s par- after the trial had ended. Half of look and see what was around me. It made you feel like you were being ents, “I had dreams her parents were those responding about the need for watched or followed. I had to come chasing me in Safeway for not con- post-trial counseling thought that it home to an empty house because my victing him of the death sentence…I should be made available to the jurors husband was working midnights. I would always imagine I would run by the courts after the end of their couldn’t stay there, so I went to my sis- into them at the store, I never did. jury service, while the other half ter-in-law’s house to visit. (Interviewer: Were they angry at admitted that they themselves had you? So they were chasing you, is received counseling on their own (i.e. 20. Responding to the question, whether or that it?) Yeah, her parents were with a minister, spouse, or a psychia- not they came to the trial, did you have any thoughts or feelings about defendant’s family? angry at me…” trist) in the absence of the court’s will- 21. Responding to the question, how much Jurors studied in the CJP also ingness to provide for it. There are no have you talked to others about this experience as a juror? reported a fear of reprisal from apparent significant differences www.ajs.org JUDICATURE 287 among the jurors’ responses about influenced (the defendant’s) com- they often dreamt about the defen- the need for counseling between mission of this crime. It still bothers dant seeking revenge upon them. male or female jurors or those who me to this day. He needs to be in an In general, both male and female served on life or death cases. institution where he can get help.” jurors from life cases commented One of the male jurors from a life The second juror also was upset. about a fear of reprisal from the case who wanted there to be counsel- victim’s family, while jurors in ing after the trial ended was angry at During the first part of this case, when death cases were concerned about they couldn’t bring up his mental sta- the court’s apparent lack of concern bility, so much of it was left for us to reprisal from the defendant’s for the jurors’ emotional or mental really (decide). It wasn’t clear-cut. He friends or family. well-being. He noted, For many of the themes that emerged in this analysis, however, … I also think it sucks that they do not the responses given by males and offer counseling to the jury for all this bullshit, you know. But if it was offered, females in life and death cases were I definitely would of taken them up on indistinguishable. Indeed, many it. In fact this (the juror interview) has jurors found the photographs of been therapeutic to go through and the crime scene and murder vic- work through some of this. This really tim(s) horrifying, experienced gives me better closure to it. That’s another thing the system is lacking in trouble sleeping because of night- it. It’s like okay, thank you, goodbye. mares or recurrent thoughts, You know. I’ve just given you 4 months sought counseling or therapy, were of my life and now you’re just kicking angered and frustrated by the crim- me out. While this juror was commenting about the failure of the judicial sys- “I told the judge, ‘if you get another case like tem to account for jurors’ psycholog- ical well being, seven other jurors (5 this, don’t call me.’” male, 1D, 4L; 2 female, 1D, 1L) voiced more specific complaints was guilty, but there was nothing clear- about failures in trial procedures cut. Each and every one of us felt they inal justice system, and were unwill- including rules governing evidence wanted to do the right thing, give every ing to serve on another capital trial. part the right amount of weight, and presented during the trial. One male These findings open the door for make a good decision, something you juror was frustrated about the trial could go home and sleep with. It was debate about changes to public pol- attorneys’ behavior inside the court- emotionally draining. icy. For example, are courts respon- room, observing sible for warning jurors they might …(they) turned the courtroom into a Both of these jurors mentioned be seriously impacted (both physi- theater instead of a place for facts in they would have liked to have heard cally and emotionally) because of defense of a person’s life or the prose- more about the defendant’s mental their experience serving on a capital cuting of it. They didn’t allow us to be status during the trial. These jurors case; do courts have the ability to smart enough to know anything…Both seem to be confirming that more limit the type and nature of evi- attorneys tried to manipulate the jury into seeing what they wanted them to information about the defendant’s dence presented at trial for the pur- see, instead of presenting the facts as mental state would have been useful poses of reducing the harmful they were… during their deliberations. effects on capital jurors and, if so, how would this impact the legal Four other jurors (3 males, 1 Conclusions and implications rights of litigants; and should courts female), all from life cases, talked Findings from this analysis revealed try to determine what is an accept- about the lack of hard facts that were that many jurors experienced sig- able level of stress that jurors can brought out during the trial and the nificant stress and suffered reasonably tolerate? g need for more information about the extreme emotional setbacks after crime and the defendant in order to serving on a case that involved cap- come to the appropriate decisions. ital murder. Females were more MICHAEL E. ANTONIO Two female jurors served on the same likely to mention they cried and was the Senior Research Scientist and capital case in Florida and were con- had relational problems with Lead Project Manager of the Capital Jury Project (Phase II) in the Criminal cerned about the evidence presented spouses and co-workers. Also, Justice Research Center at during the trial. One noted, “I was female jurors in death cases were Northeastern University from extremely upset that the justice sys- more likely to say they suffered last- September 2000 to May 2005. tem failed. I felt it failed by not bring- ing effects (“post jury blues”), ([email protected]) ing out all of the factors that while those in life cases remarked 288 JUDICATURE Volume 89, Number 5 March-April 2006