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Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans
Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans
Cornell Law Faculty Publications
In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …
How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans
How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans
Cornell Law Faculty Publications
In 1988 I concluded a review of what was then known about capital jury decision-making with the following observations: “[T]he penalty phase presents significant incongruities. The jurors are charged with representing the community's judgment, yet the voir dire and challenge processes have eliminated significant segments of the public from the jury. Jurors have been influenced by preceding events during voir dire questioning and the trial in pivotal ways, yet they are instructed to focus only on aggravating and mitigating evidence. They are told to ignore their emotions in perhaps one of the most emotionally charged decisions they will ever make, …
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Cornell Law Faculty Publications
In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …