Abstract
Adversarial systems of justice are premised, in part, on the belief that an impartial jury can make informed legal findings based on an objective assessment of the facts in a given legal dispute. Experienced jurists understand that this does not generally bear out in the peculiar reality that is trial. Juries, being comprised of human beings with all the common frailties, can be manipulated with respect to what they see, feel, and ultimately how they reason. Moreover, all sides vested in a legal contest, including the court itself, set out to shape and sway the jury to conform to their way of thinking. In order to understand how this can occur, we discuss where jurors come from, how they are selected (or excluded), and the major influences on their decision-making processes.
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