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Rule Departures and Making Law: Juries and their Verdicts

Published online by Cambridge University Press:  01 July 2024

Martha A. Myers
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Abstract

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This study addresses the issue of rule departures and law-making activity by juries adjudicating guilt in felony cases. Analysis of data from a sample of jury trials suggests considerable conformity to rules. That is, jury verdicts are influenced by evidence of the defendant's guilt and credibility as a witness. Rule departures appear to be limited. They reflect a concern not only with the defendant per se, but also with his choice of a victim and with the seriousness of the prosecution charge against him. The findings suggest that, as actually performed, the jury role is neither clerklike nor discretionary. Rather, it conforms more closely to Kadish and Kadish's (1973) notion of a recourse role, where rule departures occur only under certain circumstances.

Type
Research Article
Information
Law & Society Review , Volume 13 , Issue 3 , Spring 1979 , pp. 781 - 797
Copyright
Copyright © 1979 Law and Society Association.

Footnotes

*

This research was partially funded by Law Enforcement Assistance Administration Grant 76-NI-99-0071. I wish to thank Marion County law enforcement officials for their permission and assistance in collecting these data. Anonymous reviewers provided helpful comments on an earlier draft. Duane F. Alwin, E. M. Beck, and Peter J. Burke provided valuable advice during data analysis. The author, of course, assumes responsibility for any errors.

References

References

ARES, Charles, Ann, RANKIN, and Herbert, STURZ (1963) “The Manhattan Bail Project: An Interim Report on the Use of Pretrial Parole,” 38 New York University Law Review 67.Google Scholar
BALCH, Robert W., Curt T., GRIFFITHS, Edwin L., HALL and L. Thomas, WINFREE (1976) “Socialization of Jurors: Voir Dire as a Rite of Passage,” 4 Journal of Criminal Justice 271.Google Scholar
BERNSTEIN, Ilene N., Edward, KICK, Jan T., LEUNG, and Barbara, SCHULZ (1977) “Charge Reduction: An Intermediary Stage in the Process of Labelling Criminal Defendants,” 56 Social Forces 362.Google Scholar
BLACK, Donald (1976) The Behavior of Law. New York: Academic Press.Google Scholar
BLUMBERG, Abraham S. (1967) Criminal Justice. Chicago: Quadrangle Books.Google Scholar
BROEDER, Dale W. (1954) “The Functions of the Jury: Facts or Fictions?” 21 University of Chicago Law Review 386.Google Scholar
BROEDER, Dale W. (1965) “The Negro in Court,” 1965 Duke Law Review 19.Google Scholar
BROOKS, W. Neil and Anthony N., DOOB (1975) “Justice and the Jury,” 31(3) Journal of Social Issues 171.Google Scholar
BUCKHOUT, Robert (1974) “Eyewitness Testimony,” 231 Scientific American 23 (December).Google Scholar
CHRISTIE, George C. (1974) “Lawful Departures from Legal Rules: ‘Jury Nullification’ and Legitimated Disobedience,” 62 California Law Review 1289.Google Scholar
CLEARY, Edward W. (1972) McCormick's Handbook of the Law of Evidence, (Second Edition). St. Paul: West.Google Scholar
COLASANTO, Diane and Joseph, SANDERS (1978) “Methodological Issues in Simulated Jury Research. Presented at the annual meeting of the Law and Society Association, Minneapolis (May).Google Scholar
DEVLIN, Patrick (1965) The Enforcement of Morals. New York: Oxford University Press.Google Scholar
EISENSTEIN, James and Herbert, JACOB (1977) Felony Justice: An Organizational Analysis of Criminal Courts. Boston: Little Brown.Google Scholar
ELWORK, Amiram, Bruce D., SALES and James J., ALFINI (1977) “Juridic Decisions: In Ignorance of the Law or in Light of It?” 1(2) Law and Human Behavior 163.Google Scholar
EMERSON, Robert M. (1969) Judging Delinquents: Context and Process in Juvenile Courts. Chicago: Aldine.Google Scholar
ERLANGER, Howard S. (1970) “Jury Research in America: Its Past and Future,” 4 Law and Society Review 345.Google Scholar
GARFINKEL, Harold (1949) “Research Note on Inter- and Intra-racial Homicides,” 27 Social Forces 370.Google Scholar
GOLDBERGER, Arthur S. (1964) Econometric Theory. New York: Wiley.Google Scholar
GOLDSTEIN, Alvin G. (1977) “The Fallibility of the Eyewitness: Psychological Evidence,” in Sales, Bruce D. (ed.), Psychology in the Legal Process. New York: Spectrum.Google Scholar
HAMILTON, V. Lee (1978) “Obedience and Responsibility: A Jury Simulation,” 36(2) Journal of Personality and Social Psychology 126.Google Scholar
HANUSHEK, Eric A. and John E., JACKSON (1977) Statistical Methods for Social Scientists. New York: Academic Press.Google Scholar
HESTER, Reid K. and Ronald E., SMITH (1973) “Effects of a Mandatory Death Penalty on the Decisions of Simulated Jurors as a Function of the Heinousness of the Crime,” 1 Journal of Criminal Justice 319.Google Scholar
HOWE, Mark D. (1939) “Juries as Judges of Criminal Law,” 52 Harvard Law Review 582.Google Scholar
JACOBSOHN, Gary J. (1977) “Citizen Participation in Policy-Making: The Role of the Jury,” 39 Journal of Politics 73.Google Scholar
JUDSON, Charles J., James J., PANDELL, Jack B., OWENS, James, MCINTOSH, and Dale L., MATSCHULLAT (1969) “A Study of the California Penalty Jury in First-degree Murder Cases,” 21 Stanford Law Review 1297.Google Scholar
KADISH, Mortimer R. and Sanford H., KADISH (1973) Discretion to Disobey: A Study of Lawful Departures from Legal Rules. Stanford: Stanford University Press.Google Scholar
KALVEN, Harry and Hans, ZEISEL (1966) The American Jury. Boston: Little Brown.Google Scholar
KESSLER, Joan B. (1975) “The Social Psychology of Jury Deliberations,” in Simon, Rita J. (ed.) The Jury System in America. Beverly Hills: Sage.Google Scholar
LANDY, David, and Elliot, ARONSON (1969) “The Influence of the Character of the Criminal and his Victim on the Decisions of Simulated Jurors,” 5 Journal of Experimental Social Psychology 141.Google Scholar
LAWSON, Robert. (1969) “The Law of Primacy in the Criminal Courtroom,” 77 Journal of Social Psychology 121.Google Scholar
MILLER, Frank (1970) Prosecution: The Decision to Charge a Suspect With a Crime. Boston: Little Brown.Google Scholar
MILLER, Gerald, David C., BENDER, B. Thomas, FLORENCE and Henry E., NICHOLSON (1974) “Real versus Reel: What's the Verdict?” 24 Journal of Communication 99.Google Scholar
MILLER, Gerald R., David C., BENDER, F. Joseph, BOSTER, B. Thomas, FLORENCE, Norman E., FONTES, John E., HOCKING, and Henry E., NICHOLSON (1975) “The Effects of Videotape Testimony in Jury Trials: Studies on Juror Decision Making, Information Retention and Emotional Arousal,” 1 Brigham Young University Law Review 331.Google Scholar
MILLER, Gerald R. and F. Joseph, BOSTER (1975) “Effects of Type of Evidence on Judgments of Likelihood of Conviction and Certainty of Guilt.” Unpublished manuscript. Department of Communication, Michigan State University.Google Scholar
NAGEL, Stuart S. (1969) The Legal Process from a Behavioral Perspective. Homewood, Ill.: Dorsey.Google Scholar
NEMETH, Charlan and Ruth H., SOSIS (1973) “A Simulated Jury Study: Characteristics of the Defendant and the Jurors,” 90 Journal of Social Psychology 221.Google Scholar
NEUBAUER, David (1974) Criminal Justice in Middle America. Momstown: General Learning Press.Google Scholar
NEWMAN, Donald J. (1966) Conviction: The Determination of Guilt or Innocence without Trial. Boston: Little Brown.Google Scholar
NIE, Norman H., C. Hadlai, HULL, Jean G., JENKINS, Karin, STEINBRENNER, and Dale H., BENT (1975) SPSS: Statistical Package for the Social Sciences. New York: McGraw Hill.Google Scholar
REED, John P. (1965) “Jury Deliberations, Voting and Verdict Trends,” 45 Southwestern Social Science Quarterly 361.Google Scholar
REISS, Albert J. Jr. (1971) The Police and The Public. New Haven: Yale University Press.Google Scholar
ROBALLO, John, James, HALL, and Ronald, PEEK (1974) Plaintiffs Memorandum on the Merits. New York: U.S. District Court 74 Cir. 2113-MEL.Google Scholar
SHEFLIN, Alan W. (1972) “Jury Nullification: The Right to Say No,” 45 Southern California Law Review 68.Google Scholar
SIMON, Rita J. (1967) The Jury and the Defense of Insanity. Boston: Little Brown.Google Scholar
STANKO, Elizabeth A. (1977) “These are the Cases that Try Themselves.” Ph.D. dissertation, Graduate School, The City University of New York.Google Scholar
STEPHAN, Cookie (1975) “Selective Characteristics of Jurors and Litigants: Their Influence on Juries' Verdicts,” in Simon, Rita J. (ed.), The Jury System in America. Beverly Hills: Sage.Google Scholar
SUE, Stanley, Ronald E., SMITH, and Cathy, CALDWELL. (1973) “Effects of Inadmissible Evidence on the Decisions of Simulated Jurors: A Moral Dilemma,” 3 Journal of Applied Social Psychology 345.Google Scholar
SWIGERT, Victoria L. and Ronald A., FARRELL (1977) “Normal Homicides and the Law,” 42 American Sociological Review 16.Google Scholar
VIDMAR, Neil (1972) “Effects of Decision Alternatives on the Verdicts and Social Perceptions of Simulated Jurors,” 22(2) Journal of Personality and Social Psychology 211.Google Scholar
WALKER, Laurens, John, THIBAULT and Virginia, ANDREOLI (1972) “Order of Presentation at Trial,” 82 Yale Law Journal 216.Google Scholar
WILLIAMS, Kristen M. (1976) “The Effects of Victim Characteristics on the Disposition of Violent Crimes,” in McDonald, William F. (ed.), Criminal Justice and the Victim. Beverly Hills: Sage.Google Scholar
WOLFGANG, Marvin E. and Marc, RIEDEL (1973) “Race, Judicial Discretion and the Death Penalty,” 407 Annals of the Academy of Political and Social Science 119.Google Scholar
YALE LAW JOURNAL (1964) “Note: The Changing Role of the Jury in the Nineteenth Century,” 74 Yale Law Journal 170.Google Scholar
YALE LAW JOURNAL (1974) “Note: Toward Principles of Jury Equity,” 83 Yale Law Journal 1023.Google Scholar

Cases

United States v. Dougherty, 473 F. 2nd 1142 (D.C. 1972).Google Scholar
Williams v. Florida, 399 U.S. 78, 100 (1970).Google Scholar