16 Jan 2023

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How the Jury Selection Process Works

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Academic level: University

Paper type: Research Paper

Words: 534

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Selecting a jury from a panel of community members reporting for jury duty ( venire ) is known as jury selection ( iResearchNet, 2015). An actual jury is selected by the attorneys by eliminating all unfavorable candidates, a process known as the voir dire ( iResearchNet, 2015). This is done by questioning the jury members independently and as a panel to establish biases that might influence the trial. Consequently, candidates with such traits are weeded out. That said, the attorneys can choose one of the two selection methods that exist, namely the traditional and scientific jury selection. In the traditional jury selection, the candidates are chosen based on their experience, while in a scientific jury selection, candidates are selected through social science surveys. 

Some laws protect attorneys from discriminating certain communities during the selection process. Therefore, there are two dominant challenges that attorneys face during the selection of the jury; that is, challenges for cause (reasons must be given why a potential jury is removed from the panel) and peremptory challenges (removing a potential jury from the panel without reasons) ( iResearchNet, 2015) . Due to such challenges, the attorneys from both sides (prosecution and defense) seek advice from psychology professions, who advise them on the best jury. 

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The attorneys from each side are given several peremptory challenges that form the basis for them to seek advice from psychologists who help them establish the candidates' character traits (scientific jury selection). This process is crucial as it helps the attorneys chose jurors that are likely to favor their sides. For instance, the defendant attorney can choose jurors that are sympathetic and have a higher likelihood of acquitting their clients. Likewise, according to Greene et al. (2019), psychologists' advice is crucial as it helps the attorneys identify candidates with biases that might influence the case. 

Several psychological concepts can be used in the process of jury selection. For instance, the cognitive approach, by cognitive psychologists, might be used by the attorneys to determine whether the candidates have cognitive biases. This approach argues that people have a tendency to solve their problems based on past experiences (Mcleod, 2013) . However, potential jurors may be eliminated if it is established that they have cognitive biases since every trial should be treated differently. The psychodynamic approach is also another concept of psychological that might be used in the selection of jurors. This school of psychologists believes that childhood experiences shape individuals' behaviors in their adulthood (Mcleod, 2013) . This approach can help the attorneys, especially the defense attorneys, identify potential candidates with such perceptions. Some of the candidates might have stereotypes regarding the behaviors of the defendant, which might influence the outcome of the trial. 

Furthermore, the humanistic approach may be used during the selection of jurors for a given trial. This school of psychologists believes that individuals' motivation (individual empowerment) is defined by their needs and goals (Mcleod, 2013) . Therefore, regardless of whether an individual’s deeds are right or wrong, everybody strives to improve their lives (Mcleod, 2013) . This concept can help attorneys from both sides identify potential candidates with such traits. This is a plus, as such jurors are likely to be lenient while making the case to the defense team. On the other hand, the prosecution attorney would object to the selection of such jurors believing that they might influence the outcome of the case. 

In conclusion, it is evident that the jury selection process is a rigorous process that helps to identify suitable candidates to sit for a given trial. For a fair outcome of the case, the panel chosen might be free from any form of bias, else, one side will feel offended by the outcome. 

References 

Greene, E., Heilbrun, K., & Wrightsman, L. S. (2019).  Wrightsman’s psychology and the legal system . Cengage. 

iResearchNet. (2015). Jury Selection (Forensic Psychology) Criminal Justice. http://criminal-justice.iresearchnet.com/forensic-psychology/jury-selection/ 

‌ Mcleod, S. (2013).  Psychology Perspectives | Simply Psychology . Www.Simplypsychology.Org. https://www.simplypsychology.org/perspective.html#:~:text=The%20five%20major%20perspectives%20in 

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StudyBounty. (2023, September 15). How the Jury Selection Process Works.
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