Examining death qualification: Further analysis of the process effect.

Craig W. Haney

36 citations0/0 files storedLaw and Human Behavior

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Jury Decision Making Processes Legal processes and jurisprudence Torture, Ethics, and Law

Abstract

The biasing effects of the death-qualification process are structured into the very nature of the procedure, and may be intensified by variations in the manner in which the process is actually conducted. This article illustrates the process as it unfolds in court, discusses the manner in which its basic features can be exacerbated, and analyzes some of the nonobvious consequences of the process for the participants. It also discusses the treatment afforded some analogous “process effects” in law, and evaluates several proposed remedies to the biasing effects of death qualification.

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References

1973Availability: A heuristic for judging frequency and probability 1967The attribution of attitudes 1984The effects of death qualification on jurors' predisposition to convict and on the quality of deliberation.1984Due process vs. crime control: Death qualification and jury attitudes.1984Death penalty attitudes and conviction proneness: The translation of attitudes into verdicts.1984On the selection of capital juries: The biasing effects of the death-qualification process.

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2006The Role of Death Qualification in Venirepersons' Attitudes Toward the Insanity Defense1 2007The role of death qualification and need for cognition in venirepersons' evaluations of expert scientific testimony in capital trials 2007The Role of Death Qualification in Capital Trials Involving Juvenile Defendants1 1994Sources of Bias and Arbitrariness in the Capital Trial 1993A Different Agenda: The Supreme Court, Empirical Research Evidence, and Capital Punishment Decisions, 1986–1989 2016Capital-izing Jurors: How Death Qualification Relates to Jury Composition, Jurors’ Perceptions, and Trial Outcomes

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