Juror Bias (Continued from page 18)
restricted in what they do and say (Chaikin, Derlega and Miller, Jordan). Second, social science research has estab- lished that attitudes and behaviors are influenced by situational conditions (Sarbin).
In a voir dire situation, jurors
are hesitant to share personal information and beliefs in front of strangers; with the information being officially recorded (Diamond, Festinger). Third, “people in unfamiliar or uncomfortable environ- ments such as the courtroom look for someone who has the answers as a guide for their own behavior” (Fargo). Fourth,
some potential jurors say what is expected of them because of the fear of rejection for jury duty (Starr & McCormick). Fifth, many jurors fear public speaking, and think that speaking up in court is actually a form of public speaking. Hence, they remain quiet (Mize). But, there are two important addi-
tional reasons jurors do not fully self-disclose in court. These reasons need to be explained rather thoroughly because of their importance. First, potential ju- rors do not recognize or want to admit they are biased. Second, they are being questioned by and are trying to please a judge. These reasons, combined with those above, provide us with discourag-
20 Trial Reporter
ing, counterproductive results in voir dire. Even if prospective jurors are willing
to reveal all that is on their minds, they may be unaware of or unwilling to admit their own biases. While they don’t plan to deceive anyone in jury selection; they simply underestimate their own attitudes and biases (Diamond). For instance, when consulting in Arizona, this author would hear jurors in voir dire refer to Native Americans as “lazy” and “alcoholics.” Yet, when asked if they might be prejudiced in some way against Native Americans they would frequently say: “Well, these are just facts; not my personal opinion.” These jurors did not view their knowl- edge as prejudice. Role or status can be quite influential when it comes to the matter of self-dis- closure. A review of the research in this area shows that a questioner’s status or role affects whether an individual will reveal information about himself or herself. Indeed, interviewers with very high sta- tus (like judges) produce limited self-disclosure (Suggs & Sales). Judge status fosters an increased sense of authority and detachment from the jurors (Fargo). Studies have shown that questioning from the bench minimizes juror candor, and that, in voir dire, jurors will actually alter their expressed attitudes when questioned by judges (Jones) “Fear- ing the court’s disapproval, jurors will usually respond to the court’s queries in a manner they believe is acceptable to the court without actually considering their own individual, personal and honest re- sponses” (Motion to Permit Counsel, 11). Jurors are determined to appear honest and open-minded because that is what they believe the judge wants from them (Haney).
“The message communicated
by the judge is that impartiality or lack of bias is the desirable state of mind for a juror. Ö The end result is that jurors give the judge the answers they believe the judge wants to hear” (Bonora & Krauss, 37).
The seminal piece of research on this
problem was a post-trial study of 225 ac- tual jurors who had served in thirteen civil and ten criminal trials. In-depth inter- views with them revealed a significant discrepancy between information about personal experiences and attitudes re- vealed to the out-of-court interviewers as compared to the same questions asked of those jurors in group voir dire. Many ju- rors withheld information during the group voir dire in an effort to appear “qualified” to perform their civic duty as
(Continued on page 22) Fall 2005
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