Jury Performance
In the studies concerning Jury behavior, the conclusions are based on 3 sources:
1. Post deliberation interviews with actual jurors
2. Observations by other nonjuror participants in the trial
3. Systematic observation of mock juries
Group decision making research has found that:
The decision is greatly influenced by the larger majorities' initial opinion.
Within the juries deliberation there are four types of polling procedures used:
1. Secret ballot
2. Public show of hands
3. Verbal go-around
4. Verbal expression of dissent only
The use of secret ballot and verbal go-around are the most commonly used, although the use of a secret ballot tends to more likely result in a hung jury.
Juror sex and socioeconomic status are correlated with juror participation. Males tend to speak more than females and higher socioeconomic status jurors participate more.
The physical location of the jurors also has an effect on their individual performance.
Jury Size
Bermant & Coppock, 1973
128 six and twelve member juries were studied in Workman's Compensation cases.
There were no significant differences in the distribution of verdicts for plaintiff or defendant.
Institute of Judicial Administration, 1972
Found that 6 person juries made more efficient use oftrial time and jurors without affecting conduct or trial outcome.
In 6 member juries:
1. Deliberation time tends to be about
2. They are less likely to find for the plaintiff
3. Are less generous in the amounts awarded for damages
In 12 member juries:
1. increased proportion of unanimous verdicts
2. tripling of damage awards
3. doubling of trial time
Larger juries are more likely to recall more evidence than small juries, more likelier to include divergent and less popular viewpoints, and produce more discussion.