Skip to main content Accessibility help
×
Home

Judges and Juries: The Defense Case and Differences in Acquittal Rates

  • Daniel Givelber and Amy Farrell

Abstract

Kalven and Zeisel's (1966) classic study, The American Jury, concluded that juries were “in revolt” from the law when they acquitted when judges would have convicted. Using data collected by the National Center for State Courts to examine jury decision making in four different communities, this article reexamines the question of the judge and jury's respective fidelity to the law and evidence by examining the influence on judge and jury of the defendant's evidence, his criminal record, and his reason for refusing to plead. No data can tell us definitively whether the judge is correct and the jury in error when they disagree, but the data analyzed in the present study can tell us whether the factors that move the jury and fail to move the judge are or are not consistent with the innocence of the accused.

Copyright

References

Hide All
Abramson, Jeffrey. 1994. We, The Jury. New York: Basic Books.
Burns, Robert, , P. 1999. A Theory of the Trial. Princeton, NJ: Princeton University Press.
Eisenstein, James, and Jacobs, Herbert. 1977. Felony Justice. Boston: Little Brown Press.
Eisenberg, Theodore, Hannaford-Agor, Paula, Hans, Valarie, Mott, Nicole, Munsterman, G. Thomas, Schwab, Stewart, and Wells, Martin. 2004. Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven and Zeisel's The American Jury. Journal of Empirical Legal Studies 2. http://ssrn.com/abstract=593941 (accessed September 15, 2006).
Fisher, George. 1997. The Jury's Rise as Lie Detector. Yale Law Journal 107:575713.
Givelber, Daniel. 2005. Lost Innocence: Speculation and Data About Acquittals. American Criminal Law Review 42:1167–99.
Finkel, Norman. 1995. Commonsense Justice. Cambridge, MA: Harvard University Press.
Hastie, Reid. 1999. The Role of “Stories” In Civil Jury Judgments. University of Michigan Journal of Law Reform 32 (2): 227–39.
Hastie, Reid, and Pennington, Nancy. 1996. The O.J. Simpson Stories: Behavioral Scientists’ Reflections on the People v. Orenthal James Simpson. Colorado Law Review 67:957–75.
Hastie, Reid, and Rasinksi, Kenneth, 1988. The Concept of Accuracy in Social Judgment. The Social Psychology of Knowledge, ed. Bar-Tal, Daniel and Kruglanski, Arie W., 193208. New York: Cambridge University Press.
Heuer, Larry, and Penrod, Steven. 1994. Trial Complexity. Law and Human Behavior 18:2951.
Kalven, Harry Jr., and Zeisel, Hans. 1966. The American Jury. Boston: Little Brown.
Leipold, Andrew. 2005. Why Are Federal Judges So Acquittal Prone? Washington Law Quarterly 83:151227.
Levine, James, , P. 1983. Jury Toughness: The Impact of Conservatism on Criminal Court Verdicts. Crime & Delinquency 29:7187.
MacCoun, Robert J. 1999. Epistemological Dilemmas in the Assessment of Legal Decision Making. Law and Human Behavior 23:723–30.
Myers, Martha. 1979. Rule Departures and Making Law: Juries and Their Verdicts. Law & Society Review 13:781–97.
Posner, Richard. 1999. An Economic Approach to the Law of Evidence. Stanford Law Review 51:14771546.
Reskin, Barbara, and Visher, Christy. 1986. The Impacts of Evidence and Extralegal Factors in Jurors’ Decisions. Law & Society Review 20:423–38.
Rainville, Gerald, and Reaves, Brian. 2003. Felony Defendants in Large Urban Counties, 2000. Washington, DC: Bureau of Justice Statistics.
Robbenolt, Jennifer. 2005. Evaluating Juries by Comparison to Judges: A Benchmark for Judging? Florida State Law Review 32:469509.
Visher, Christy. 1987. Juror Decision Making: The Importance of Evidence. Law and Human Behavior 11:117.
Wagenaar, W.A. 1993. Anchored Narratives: The Psychology of Criminal Evidence. New York: St. Martin Press.

Judges and Juries: The Defense Case and Differences in Acquittal Rates

  • Daniel Givelber and Amy Farrell

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed