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Mock Jury Trials in TaiwanPaving the Ground for Introducing Lay Participation

Mock Jury Trials in TaiwanPaving the Ground for Introducing Lay Participation The first mock jury study in Taiwan, in which 279 community members watched a videotaped trial, investigated how jurors’ estimates of the relative undesirability of wrongful conviction versus wrongful acquittal predicted individual decisions and how decision rules affected outcomes. The percentage of jurors who viewed wrongful conviction as more undesirable increased from 50.9% to 60.9% after deliberation and jurors’ postdeliberation acquittal rate (71.7%) was higher than predeliberation acquittal rate (58.8%). Jurors’ estimates of the undesirability of wrongful conviction were not correlated with their predeliberation votes but became positively correlated with their postdeliberation decisions. The unanimous rule facilitated jurors’ change of vote, predominantly from conviction to acquittal, than the simple majority rule. Jurors reaching a verdict under the unanimous rule viewed deliberation and the verdict more positively. This study indicates that deliberation can ameliorate the problem of most Taiwanese citizens not viewing wrongful conviction as more undesirable than wrongful acquittal. It also suggests that Taiwan should adopt a unanimous rule for its proposed lay participation system. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Mock Jury Trials in TaiwanPaving the Ground for Introducing Lay Participation

Law and Human Behavior , Volume 38 (4): 11 – Aug 7, 2014

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References (50)

Publisher
American Psychological Association
Copyright
© 2014 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1037/lhb0000080
pmid
24707909
Publisher site
See Article on Publisher Site

Abstract

The first mock jury study in Taiwan, in which 279 community members watched a videotaped trial, investigated how jurors’ estimates of the relative undesirability of wrongful conviction versus wrongful acquittal predicted individual decisions and how decision rules affected outcomes. The percentage of jurors who viewed wrongful conviction as more undesirable increased from 50.9% to 60.9% after deliberation and jurors’ postdeliberation acquittal rate (71.7%) was higher than predeliberation acquittal rate (58.8%). Jurors’ estimates of the undesirability of wrongful conviction were not correlated with their predeliberation votes but became positively correlated with their postdeliberation decisions. The unanimous rule facilitated jurors’ change of vote, predominantly from conviction to acquittal, than the simple majority rule. Jurors reaching a verdict under the unanimous rule viewed deliberation and the verdict more positively. This study indicates that deliberation can ameliorate the problem of most Taiwanese citizens not viewing wrongful conviction as more undesirable than wrongful acquittal. It also suggests that Taiwan should adopt a unanimous rule for its proposed lay participation system.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Aug 7, 2014

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