The Effects of Jurors’ Initial Views of Jury Service on Predeliberation Preferences for Prosecution or Defense

Abstract

Jury trials are considered a key element of the American criminal justice system, even as many question the continued legitimacy of the jury system and its ability to be fair. Using data from actual jurors collected at both the beginning of jury service and after deliberations, this research examines whether jurors’ views of the fairness of the jury system affect perceptions of evidence presented to them at trial. By surveying jurors at the beginning of jury service, this research uses measurements of jurors’ views which are not affected by the court process itself. We find that jurors who enter jury service with a stronger belief in the fairness of juries are more likely to favor the defense after hearing the evidence. Policy implications are discussed, including using caution with harsher methods to improve juror rate of appearance because of the potential effects on jurors’ views.