Jury Decision Making: Using Group Theory to Improve Deliberation

Abstract

Jury decision‐making process is usually protected from the prying eyes of the public and social scientists. Our knowledge of the experience comes mainly from mock juries, post‐verdict interviews, and occasional television documentaries. These methods have their limitations. Information about juries is currently driven by those few notorious trials, both criminal and civil, that attract high media attention. Unfortunately, that attention invites challenges to the ability of juries to make complex decisions and undermines the entire jury process. Group theory describes five special characteristics of successful group decision making: small size, purpose, identification, interaction, and accepted behavior. The author advocates that an understanding of group theory can help court officials improve the jury deliberation process by moving the deliberations to a higher level of reasoning and, consequently, improve the jury experience, the overall quality of jury decisions, and the public’s faith in those decisions. Specific suggestions for change are also included. No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. —Magna Carta (1215)