Jury Research - Brief History

Brief History

Historically, juries have played a significant role in the determination of issues that could not be managed via 'general social interactions' or ones which required punitive measures, retribution and/or compensation. The role of jurors and juries however, has changed over the centuries and have generally been moulded by social and cultural forces embedded in the wider communities in which they have evolved. "Although the role of juries and jruros has a somewhat chequeured history, 'the jury, in one form or the other, became the formal method of proof of the guilt or of a person on trial"", and juries remain one of the 'cornerstones' of the criminal justice system in many countries.

There are however, many debates about the efficacy of the jury system and the ability of jurors to adequately determine the guilt or otherwise of the accused. Some argue that lay individuals are incapable of digesting the often complex forensic evidence presented during a trial, others argue that any misunderstanding of the evidence is a flaw in legal cross examination and summing up. Many observe that the juror and the accused seldom can be considered 'peers' which is historically considered a fundamental precept of jury makeup. Others consider the jury system to be inherrently flawed as a result of the humanity of jurors. They cite incidents in which the Judiciary have become aware of Juror assumptions made in the absense of supporting evidence, the unidentified effect on Jurors of stereotyping, culture, gender, age, education etc., which can and have influenced their ability to make a decision from an objective stance. These arguments and debates are founded in legal and psychological practice and made by social scientensts and legal practitioners,

The juror however has a very personal and different perspective. The role played by the juror is an extraordinary one which is distinctive with minimal resemblance to their 'normal daily experiences/activities' . In effect the juror is plucked from their life, sometimes for considerable periods of time, they are deposited into an environment about which they generally have little knowledge or ability to negotiate, the language and behaviours of which are foreign and they are expected to make sense of their internal and external environments. As a result of their jury experience many in Australia and New Zealand have reported feeling stressed, anxious, frustrated, overwhelmed and a variety of other emotions, cognitions and behaviours which to varying degrees surprised them, ,.

The above factors are but a few of the many and varied variables that can impose on the juror when in the Courtroom and/or the Juryroom. Such a complex and unique experience is the jury deliberation process the outcome of which is profound and potentially lethal. Quite rightfully therefore, the focus on jury research by legal professionals and social scientists has become, n the last 50 years or so a burgeoning area of investigation.