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First-Ballot Votes, Predeliberation Dispositions, and Final Verdicts in Jury Trials

First-Ballot Votes, Predeliberation Dispositions, and Final Verdicts in Jury Trials This study examines the proposition that first ballots predict jury verdicts in actual juries, an oft-cited finding from Kalven and Zeisel, and the explicit assumption by Kalven and Zeisel that first-ballot preferences are equivalent to predeliberation opinions, referred to as the liberation hypothesis. Interview data from respondents who had served on felony juries indicate that first ballots do predict jury verdicts at a high level. However, it is probable that influence occurs in juries prior to the first ballot, making it unlikely that the distribution of votes on the first ballot is equivalent to the individual inclinations of jurors at the time they enter into deliberation, which casts doubt on the liberation hypothesis. Methodological issues in the study of real juries on these topics are discussed. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

First-Ballot Votes, Predeliberation Dispositions, and Final Verdicts in Jury Trials

Sandys, Marla; Dillehay, Ronald C.
Law and Human Behavior , Volume 19 (2): 21 – Apr 1, 1995
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Publisher
American Psychological Association
Copyright
Copyright © 1995 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01499324
Publisher site
See Article on Publisher Site

Abstract

This study examines the proposition that first ballots predict jury verdicts in actual juries, an oft-cited finding from Kalven and Zeisel, and the explicit assumption by Kalven and Zeisel that first-ballot preferences are equivalent to predeliberation opinions, referred to as the liberation hypothesis. Interview data from respondents who had served on felony juries indicate that first ballots do predict jury verdicts at a high level. However, it is probable that influence occurs in juries prior to the first ballot, making it unlikely that the distribution of votes on the first ballot is equivalent to the individual inclinations of jurors at the time they enter into deliberation, which casts doubt on the liberation hypothesis. Methodological issues in the study of real juries on these topics are discussed.

Journal

Law and Human Behavior – American Psychological Association

Published: Apr 1, 1995

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