“Importance of the Jury”
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Chapter 7
JURIES AND LEGAL DECISION MAKING
In this chapter, we examine the psychology of juries. Juries represent one form of legal decision making , which is the process of using procedural and substantive law to settle disputes heard in public forums. We begin by discussing the nature of legal decision making, identifying its unique fea- tures, differentiating it from other types of decision making, and consider- ing various contexts in which it is used. We then focus in detail on juries, discussing the law and reviewing the research to gain a better understand- ing of how they are formed and how they function.
In this chapter, you will become familiar with:
The defi nition of legal decision making The various contexts in which legal decision making takes place The unique characteristics of juries as legal decision makers The difference between grand and petit (trial) juries The basic structure and functions of petit juries The different models of jury decision making The process of juror selection
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CHAPTER OBJECTIVES
In a story that quickly garnered national media attention in the United States, 27 – year – old Laci Peterson was reported missing from her Modesto, California home by her husband, Scott Peterson, on December 24, 2002. What made the case so compelling was not that Laci went missing on Christmas Eve, but that she was
CASE STUDY
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C o p y r i g h t 2 0 1 0 . W i l e y .
A l l r i g h t s r e s e r v e d . M a y n o t b e r e p r o d u c e d i n a n y f o r m w i t h o u t p e r m i s s i o n f r o m t h e p u b l i s h e r , e x c e p t f a i r u s e s p e r m i t t e d u n d e r U . S . o r a p p l i c a b l e c o p y r i g h t l a w .
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174 Juries and Legal Decision Making
eight months pregnant at the time. Police searched in vain for Laci for several months. Scott, supported by Laci ’ s family and friends, spoke about the case at sev- eral press conferences.
Investigators eventually focused on Scott as a potential suspect based on several reasons. First, his statements contained inconsistencies about what was he was doing when his wife disappeared. Initially, he had reported that he was golfi ng but later maintained that he had been fi shing. A second reason was the revelation that he had been having extramarital affairs. The third reason was that one of the women with whom Scott had an affair came forward and gave damning information to police. She said Scott told her about two weeks before Laci disappeared that he had recently lost his wife and would be spending Christmas alone. During the Christmas holidays, Scott phoned her, claiming to be on vacation in Paris when he was actually attending a candlelight vigil for Laci, who was still missing at the time.
In April 2002, the body of the Peterson ’ s unborn child, already named Conner, was found only a few miles from the place where Scott said he had gone fi sh- ing the day Laci went missing. Laci ’ s body was recovered close by the next day. Autopsy could not determine a specifi c cause of death for Laci, but did reveal she had suffered broken ribs prior to her death that could not be explained by acciden- tal drowning. The only other piece of forensic evidence was the discovery of one of Laci ’ s hairs on a pair of pliers in Scott ’ s toolbox. Despite the lack of evidence tying Scott directly to Laci ’ s disappearance, police arrested him on April 18, 2002, and charged him with her murder and the murder of his unborn son. At the time of his arrest, Scott ’ s physical appearance had changed — he had dyed his hair and goatee — and he also had in his possession various articles (e.g., camping equip- ment, various credit cards and driver ’ s licenses) that gave rise to suspicion he was intending to fl ee or go into hiding.
Media coverage of the Peterson case became even more intense, and public sen- timent toward Scott grew increasingly negative. As the time for trial approached, a change of venue was ordered from Modesto to Redwood City. This was an attempt to increase the chances of selecting an unbiased jury. But after a jury was selected and the trial of People of the State of California vs. Scott Peterson started in June 2004, problems with the jury became apparent. During the trial itself, one juror was dismissed and replaced by an alternate after being seen exchanging words with Laci Peterson ’ s older brother. Later, only four days after the start of deliberation, the jury foreman approached the judge and asked to be dismissed, citing problems getting along with other jurors who felt he was too controlling. The request was denied by the judge who admonished the jury and instructed it to resume delib- erations. Then, a second juror was dismissed for misconduct and replaced by an alternate, after the juror admitted she had gathered her own evidence outside the court. When the jury learned they would need to start deliberations all over again, they also voted for a new foreman; this led to the dismissal of the previous foreman (at his request) and the appointment of yet another alternate. After only seven hours of deliberation, the reconstituted jury — satisfi ed with the circumstan- tial evidence presented by the prosecution and unconvinced by the defense theory that someone else was responsible for the murders — voted unanimously to convict Scott Peterson of fi rst – degree murder with special circumstances in the death of Laci and second – degree murder in the death of his unborn son.
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LEGAL DECISION MAKING: A SEARCH FOR JUSTICE
Justice is, in essence, the moral correctness, fairness, peace, or harmony of people ’ s collective conduct — how we interact, share resources, respond to disputes and wrong – doing, and repair harm. It is central to our concep- tion of society and civilization. Commonsense notions of justice incorpo- rate three basic elements: fair rules, fair play, and fair outcome. Fair rules means the laws that govern people are explicit, and the same laws apply to everyone. Fair play means that laws are administered and enforced rou- tinely and consistently. Fair outcome means that the net result of the laws and their administration and enforcement is the expected and proper one. This commonsense notion of justice is refl ected in the many representa- tions of Justitia, also known as Lady Justice, which can be found outside courts and other public buildings throughout Europe and the Americas. According to Roman mythology, Justitia ( Iustitia in Latin) was one of the four Virtues, along with Prudence, Fortitude, and Temperance. Justitia embodied the attributes of mythological fi gures from more ancient civili- zations, including the Greek goddesses Themis and Dike, and the Egyptian goddess Ma ’ at. For the Romans, Justitia personifi ed the natural and divine rightness of law; her image has come to personify the moral basis of the legal system throughout the Western world (Capers, 2006). She is often depicted as a bare – breasted or lightly cloaked woman, carrying scales, a sword, and a scroll of laws, and is often blindfolded (see Figure 7.1 ). The
Legal Decision Making: A Search for Justice 175
But the jury ’ s work wasn ’ t done. They reconvened a month later for the penalty phase of the trial. They heard evidence and then began deliberations; and once again, the deliberations were diffi cult. For a time the jury was deadlocked, with 10 jurors favoring the death penalty and two favoring life in prison. In an effort to avoid a hung jury, the foreman took several steps, including asking jurors to look once again at photos of the victims and to state their reasons behind their votes. When they took another vote a short time later the result was unanimous, and the jury recommended the death sentence for Peterson.
After the jury was discharged, jurors fi nally were able to discuss their experi- ences and they eventually published them in the book, We, the Jury: Deciding the Scott Peterson Case (Berattis et al., 2007). Their stories are compelling: learning to cope with the stresses of trial; struggling to decide how the process of delibera- tions should be organized; and dealing with emotions after reaching their verdicts. The story of the Peterson case reveals both the strengths and fl aws of the jury sys- tem, and the book provides a fascinating glimpse inside the private world of the jury itself.
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176 Juries and Legal Decision Making
symbolism is clear (Capers, 2006; Luban, 2001). On the one hand, Justitia is a young woman, full of passion and emotion, with the power to nur- ture others out of compassion or strike them down, seeking vengeance. On the other hand, Justitia ’ s powers are limited by the scales, blindfold, and scroll of laws, which force her to carefully listen to and weigh information and follow tradition in reaching an impartial decision.
Legal decision making seeks justice. Legal decision making is quite different from what can be termed operational decision making by jus- tice professionals, which is the process of using personal knowledge, skills, and abilities to determine the most appropriate course of action in a given situation. First, with respect to the nature of the decision, legal decision making is used to resolve disputes about the interpretation or application of specifi c laws in light of…
