Dissertation
How solid is the foundation?: assessing jurors' pre-trial application of the presumption of innocence
Doctor of Philosophy (Ph.D.), Drexel University
Feb 2023
DOI:
https://doi.org/10.17918/00001570
Abstract
The American legal system is built on a foundation of basic assumptions: one being that defendants receive a fair trial, and a second being that they are presumed innocent until proven guilty during that trial. However, much of the current research on mock jurors has assumed that the questions asked during jury selection (voir dire) accurately detect problematic biases and exclude those jurors from service. The current study directly tested this assumption with jury-eligible community members, asking whether the presumption of innocence holds based on the little information that potential jurors receive regarding a case during voir dire (e.g., the crime charged and the names of the defendant and victim) and without specific instructions regarding the assumption, which are usually given just prior to the beginning of the trial. To target potential biases based on stereotype while allowing for meaningful interpretation of the results, only the crime (rape or homicide) and the stereotyped name (targeting reactions based on race [Black or white] and gender [male or female]) of the defendant were manipulated. Results were conflictual, but generally indicated no differences in mock juror assessment of legal and factual innocence, or confidence in their assessment, based on the information provided. However, though mock jurors generally endorsed an understanding of the presumption of innocence in which the defendant should be assessed to be 100% innocent of the charged crime, juror assessments of legal and factual innocence reflected greater ambiguity towards defendant innocence - largely placing their assessment of innocence at 50%. These results contradict some of the earlier research on the subject and support the need for additional and more nuanced research into the impact of early juror biases on ultimate legal outcomes in criminal cases.
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Details
- Title
- How solid is the foundation?
- Creators
- Sarah R. Fishel
- Contributors
- David S. DeMatteo (Advisor)
- Awarding Institution
- Drexel University
- Degree Awarded
- Doctor of Philosophy (Ph.D.)
- Publisher
- Drexel University; Philadelphia, Pennsylvania
- Number of pages
- 77 pages
- Resource Type
- Dissertation
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology); College of Arts and Sciences; Drexel University
- Other Identifier
- 991020503315104721