Investigation Into Serial Murder- Proactive and Reactive Approaches

By Elizabeth Hall

WANTAGH, NY - APRIL 15: An aerial view of police cars near where a body was discovered in the area near Gilgo Beach and Ocean Parkway on Long Island on April 15, 2011 in Wantagh, New York. Police have been conducting a prolonged search of the area after finding ten sets of human remains. Of the ten only four sets of remains have been identified as missing female prostitutes in their 20s who had been working in the online escort business. Police, working with the Federal Bureau of Investigation (FBI), suspect that a single serial killer may be in the New York area focusing on sex workers. (Image credit: Getty Images via @daylife)

Serial murder investigations are the hardest for investigators to undertake because of the complexities involved with the task. Along with the multijurisdictional problems that often accompany these types of cases, killers usually choose people they do not know, as victims, and, the agencies are ill equipped to handle the investigation.  These criminals, usually are very careful and have planned their crimes. They leave little or no evidence at the crime scene.  It often takes a substantial amount of time before it has even been discovered, that a serial murderer is operating in the area because of cross-jurisdictional non-communication.  Traditional police roles operate in a reactive fashion. This includes patrolling routinely, responding to calls immediately, and conducting investigations to follow up on cases. Serial murder investigations should be conducted, on both reactive and proactive fronts. There are programs and databases, which make this possible, such as VICAP, the National Victimization Survey, The Uniform Crime Report, the Behavioral Analysis Unit at the FBI, and the critical response group from the FBI. Added to the problems facing this type of investigation is the intense pressure that the media and public put on those personnel conducting the investigation to find a suspect. (Hickey, n.d.)

Serial killers rarely follow district lines, so in committing their crimes they usually cross juri

WANTAGH, NY - APRIL 15: An aerial view of the area near Gilgo Beach and Ocean Parkway on Long Island where police have been conducting a prolonged search after finding ten sets of human remains on April 15, 2011 in Wantagh, New York. Of the ten only four sets of remains have been identified as missing female prostitutes in their 20s who had been working in the online escort business. Police, working with the Federal Bureau of Investigation (FBI), suspect that a single serial killer may be in the New York area focusing on sex workers. (Image credit: Getty Images via @daylife)

sdictions when they commit their crimes.  In committing crimes like these, the killer effectively manages to disguise the nature of the crimes being serial, due to most jurisdictions do not share information with their neighboring departments.  Therefore, the separate agencies involved do not connect the dots and realize that instead of having several unrelated homicides with several suspects, what they really have is several connected murders with one or two suspects. (Hickey, n.d.) When it is finally realized, the separate agencies may bicker about who gets to take the lead because of budgeting concerns. In traditional reactive policing, the normal order of investigation to follow up on cases may not be enough. A task force must be formed, with decisions on who must perform each task assigned. One of the most important assignments is that one person must be the only contact that the media has with information about the case. This reduces the likelihood of sensitive information being leaked to the press. Other personnel involved with the case must be informed that they must not talk to the media, the family of the victim, or anyone else associated with the case about police information. Because of the high profile nature of the case, the chain of custody must be maintained extra carefully. (Federal Bureau of Investigation, 2005)

In 2005, the FBI held a symposium on serial murder. In recent years, the way that law 

English: The Seal of the United States Federal Bureau of Investigation. For more information, see here. Español: El escudo del Buró Federal de Investigaciones (FBI). Para obtener más información, véase aquí (Inglés). (Photo credit: Wikipedia)

enforcement looks at serial murder cases has changed. Law enforcement realizes that in order to catch this form of criminal, they must not only use the reactive methods that they normally use, but to come up with some proactive methods to stop their killing sprees.  One of these methods has been in use for a while. When law enforcement realizes that they have a serial killer in their midst,  they can call the Behavioral Analysis Unit(BAU) of the FBI, who can come up with a profile based on the killer’s behavior, MO, and clues left at the scene, which can help  police identify the perpetrator.  The purpose of the symposium was to give experts in the fields of psychology, law enforcement, and academia, among the many represented, a chance to talk out similarities and  recognize the common elements that come into play when each of these fields meets serial killers in their profession. The international level of serial murder was also addressed because in attendance were representatives of 10 foreign countries who make their homes on 5 continents of the world. (Federal Bureau of Investigation, 2005)

Causalitywas discussed in the symposium. It was noted, “Serial murderers, like all human beings, are a product of their heredity, their upbringing, and the choices they made during development (Federal Bureau of Investigation, 2005).”  The attendees established that “there is no single identifiable cause or factor that leads to the development of a serial killer. Rather , there are a multitude of factors that contribute to their development. The most significant factor is the serial killer’s personal decision in choosing to pursue their crimes (Federal Bureau of Investigation, 2005).”

English: FBI Mobile Command Center in Washington DC. (Photo credit: Wikipedia)

The symposium also discussed investigatory practices, and which ones were best. During the

discussions on this subject, importance was stressed upon law enforcement agencies sharing information through the National Law Enforcement Teletype System, ViCAP alerts, and the Law Enforcement online systems to help accomplish this. By communicating within different agencies, a bridge has been gapped, creating a proactive measurement for law officers to use as a tool. Establishing a good working relationship with other departments before a crime like this would help to ensure that these programs succeed. The list of best practices defined by the symposium follows:

¶        Identification of a Serial Murder Series – most challenging

¶        Leadership – investigative and administrative responsibilities must be defined and clear.

¶        Task Force Organization –establish a lead agency and obtain representatives from all other agencies involved. Establish one contact for the media.

¶        Resource Augmentation –Investigator should decide when to utilize extra staff, the role of the administration is to provide that extra support.

¶        Communication – daily briefings, face to face meetings, and submitting ViCAP reports in a timely manner are of utmost importance.

¶        Data Management – all reports must be filled out at the end of each shift and turned in accordingly. Information should be on computer to allow easy sharing, and done in a standard format, case management tools should be used to keep data organized and for analysis. Books should be created and maintained on homicides for cross reference.

FBI analyst. (Photo credit: Wikipedia)

¶        Analytical Tools – use of these can reduce the chance of key information going unnoticed.

¶        Medical Examiners/Coroners – they should also have a system of sharing information between departments. There should be one medical examiner per jurisdiction only working on a serial killer case.

¶        Administrative Issues - Items of evidence should be stored along with any records pertaining to the case should be kept as long as possible for any homicide cases remaining unsolved for 50 years.

¶        Training – all homicide investigators should be kept up to date on any advances in technology and tools for investigation.

English: FBI Mugshot of serial killer Cary Stayner taken by the FBI following his arrest by Agent Jeff Rinek at a nudist resort in Wilton. (Photo credit: Wikipedia)

¶        Officer Assistance Programs – Officers participating in investigations like this should have adequate time off, mental health services, and regular debriefings as needed. (Federal Bureau of Investigation, 2005)

In conclusion, serial murder investigations, due to the complex nature of the crimes, both proactive and reactive tools of investigation are needed to complete an investigation of this scale. In recent decades, law enforcement is realizing the importance of communication with other agencies. 

Databases must be managed efficiently, and steps must be followed to ensure a successful investigation.

References

Fede                Federal Bureau of Investigation. (2005, August 29). Serial Murder: Multi Disciplinary Perspectives for Investigators. Retrieved March 09, 2010, from Federal Bureau of Investigation: http://www.fbi.gov/publications/serial_murder.pdf

              Hickey, E. W. (n.d.). Serial Murderers and and Their Victims. Fresno: Cenegage Learning.

                Siegel, L. (2007). Criminology: The Core (Third ed.). Belmont, CA, United States: Cenegage Learning.

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Social Construction: A Study of Theories

George Chapman (December 14, 1865 - April 7, 1903) was the English name taken by serial killer Seweryn Antonowicz Kłosowski. He was originally from Poland but later relocated to England, where he committed his crimes. He was convicted and executed after poisoning three women, but is remembered today mostly because some authorities suspected him of having been the notorious serial killer Jack the Ripper. (Photo credit: Wikipedia)

by Elizabeth Hall

In our modern society, advances in technology and science have propelled the study of crime into new frontiers. While the actual study of crime dates back to earlier decades, these advances have put crime data and the study of it into the forefront of our society. Criminologists devote their life to assessing, comprehending, restraining, and helping lawmakers to prevent criminal and deviant acts. Not all criminal actsare deviant, and likewise all deviant acts are not criminal. Serial killers with the nature of their crimes cross both categories due to the violence associated with the crimes, the recidivism of the crimes, and the deviant nature of most serial killers even though the particular deviance varies per killer. These can include but are not limited to cannibalism, dismemberment, necrophilia, and sadism.  Criminological Theories that began in the mid 1800’s have been developed and tested over time. With each new advance in technology, the methods of testing these theories become more exact. In this essay we will discuss the various Social Construction Theories that today’s criminal justice system uses to control and prevent criminals such as serial killers from committing their crimes. These consist of the social structure, social class, social process, neutralization, social control, and labeling theories (Siegel, 2007).

Social Structure Theory

Social Structure Theory reasons that the socioeconomic forces drive those in underprivileged financial situations to commit crime, and that this is the reason for crime. This group of theories consists of three theories:

      Social Disorganization Theory- primary focus of this theory is environmental conditions. High unemployment and school dropout rates are symptoms of this problem in a neighborhood.

      Strain Theory suggests that discord in the goals a person has and what actual 

Mug shot of Richard Ramirez. (Photo credit: Wikipedia)

resources one has to attain that goal is the main reason for crime (Siegel, 2007). Richard Ramirezfits into this theory because he started his killing over disappointment that a woman did not have anything of value to steal which was how he supported himself. His first murder was just a burglary gone awry. He then went on to the following year to become a serial killer claiming 12 more lives in the span of one year.

      Cultural Deviance Theory due to burden and societal separation people in lower class areas develop their own subcultures, which do not conform to societal rules. For example, dad is a drunk, and hangs out with other lower class drunks who think that it is perfectly normal to beat their wives. By association, they can reassure themselves that their criminal behavior is normal. 

Although Strain Theory might work in relation to some serial killers, overall, it does not seem that social structure theories work well in relation to serial killers (Siegel, 2007).

Social Class (Anomie) Theory

Anomie Theory group contends that societal inequity causes awareness, which in turn causes crime. The lower class worker feels strain because they cannot afford the things they need. They then turn to dealing drugs to attain the means to achieve societal equity. These theories are:

      Institutional Anomie Theory states that because of our incessant need to keep up the status quo the United States is full of anomie.

      Relative Deprivation Theory says harsh divisions between the upper and lower classes cause feelings of jealousy and suspicion, which gives the criminal notions of disgrace by the upper class, thereby causing the criminal to have desires to disgrace them in return.

      General Strain Theory maintains that it is not one type of strain but individuals reacting to several individualized strains at once are more likely to 

Drawing of a serial killer John Wayne Gacy (Photo credit: Wikipedia)

commit crime.

(Siegel, 2007)

 This theory best fits the serial killer in the fact that most of them seem to have several different problems all at once.  John Wayne Gacy seems to be a perfect example of this.  John grew up in a strict Irish catholic family. He had a bad relationship with his abusive father, whom he wanted to gain approval from desperately. When he was only eleven, John injured on the head by a swing, received a blood clot in his brain. This clot caused him severe blackouts and headaches, which went undiagnosed until he reached the age of 16. Even though doctors remove the blood clot, health problems continued for him, in less than a year John receives the diagnosis of an unspecified heart condition. John was also a homosexual, which could not be revealed because of what his father, might think. (Clark Prosecutor, n.d.)

Social Process Theory

Social Process Theory claims that all people have the ability to be criminals regardless of class, ethnicity, or gender. The theory claims that if the societal bonds that a person holds are constructive, then the person will be law abiding if these bonds are counter constructive, the person will not be. The theories in this group are as follows:

      Social Learning Theory claims that criminals learn from other criminals, and that crime in itself is learned behavior instead of ingrained. This theory applies well to team serial killers because of the propensity for them to learn techniques from each other.

Serial killer H.H. Holmes (Photo credit: Wikipedia)

      Neutralization falls under social process group as well. This theory states that, criminals do not act like criminals all of the time.  When they are not committing crime they attend picnics social gatherings, and regular community functions.  When they are at these gatherings, however, it is common to find that the attendees are also comprised of criminal and deviant members. (Siegel, 2007)

Social Control Theory

Social control theory maintains that every person is born capable of committing crime and that the society we live in today lends itself more to crime than ever.  Just about everywhere, you look; the opportunity to commit crime exists.  People who obey the law do so either out of personal belief in religion or morals, or due to a need to conform in order to keep their standing in society and their reputation in check. When these bonds are not present, a person feels free to break the law. (Siegel, 2007)

Ted Bundy as a good example of social control theory and serial killers, because of the fact that he resented finding out that who he thought was his older sister was actually his mother. He had negative attachment to family because of this scenario, and became one of the United States most notorious serial killers we have ever seen. (Bell, n.d.)

Labeling Theory

Labeling Theory This theory looks at the careers of criminals as being a product of disparaging societal relations and disgracing social encounters and the subjective nature of the law. The key tenets of the theory are as follows:

      Those who currently are making the laws bias the criminal natures of certain behaviors. This means that what is considered to be a crime is only such 

A segment of a social network (Photo credit: Wikipedia)

because people label the behavior as a crime.

      People are labeled as well as acts.

      Whether the behavior is positive or negative, prejudiced explanation of behavior is required.

The theory also works off the assumption that once one is labeled, as for example, a pothead, meaning a person who smokes marijuana, the rest of their life will follow suit as a pothead with all of the social stigmatization that follows that association. It also suggests that lawmakers can change what deems an act to be illegal, to suit their own needs, as was the case with marijuana (Siegel, 2007).

Labeling theory seems to work best with serial killers, because of the nature of the crimes. Almost all serial killers have some deviant desires with maybe the exception of German serial killers who kill more for money and items rather than sexual gratification, or perversion. According to the theory once, you are labeled, you are always considered to be labeled as such. (Siegel, 2007)

Works Cited

Bell, R. (n.d.). Ted Bundy: The Early Years. Retrieved March 08, 2010, from Tru TV Crime Library: http://www.trutv.com/library/crime/serial_killers/notorious/bundy/2.html

Clark Prosecutor. (n.d.). John Wayne Gacy. Retrieved March 04, 2010, from John Wayne Gacy: Executed May 10, 1994 at 12:58 a.m. by Lethal Injection in Illinois: www.clarkprosecutor.org

Frontline. (1997-1998, Winter). Busted: America's War on Marijuana. Retrieved February 23, 2010, from Dr. David F. Musto Interview: http://www.pbs.org/wgbh/pages/frontline/shows/dope/

NBC/MSNBC. (n.d.). Seung-Hui Cho. Retrieved February 08, 2010, from http://www.bing.com/reference/semhtml/Virginia_Tech_massacre?fwd=1&qpvt=va+tech+massacre&src=abop&q=va+tech+massacre

Office of National Drug Control Policy. (2006, July 19). ONDCP Drug Policy Information Clearinghouse Fact Sheet. Retrieved February 23, 2010, from Drug Use Trends October 2002: http://www.whitehousedrugpolicy.gov/publications/factsht/druguse/

Panel, V. T. (2009, November 15). Mass Shootings at Virginia Tech Addendum to the report of the review panel,presented to Governor Timothy M. Kaine, Commonwealth of Virginia. Retrieved February 11, 2010

Pumroy, D. K. (2007). What Caused the Tragedy at Virginia Tech? (J. Wyatt, Ed.) Behavior Analysis Digest International , 19 (2), pp. 5-7.

Reagan, T. (2009, March). Marijuana Incorporated: Inside America's Pot Industry. Retrieved February 23, 2010, from Marijuana Incorporated: Inside America's Pot Industry: http://www.cnbc.com/id/28281668

Schaffer Library of Drug Policy. (n.d.). Library Resources. Retrieved February 23, 2010, from Schaffer Library of Drug Policy: http://www.druglibrary.org/schaffer/index.HTM

Siegel, L. (2007). Criminology: The Core (Third ed.). Belmont, CA, United States: Cenegage Learning.

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Law Its Types And Differences

Law can affect many aspects of our lives, yet most people living on this world have little understanding of the legal system that operates. For many their main awareness comes from newspaper articles with headlines such as "murderer jailed for life" and "burglar caught".

Many people only think of the criminal law and the courts that deal with this type of case. In reality law covers an enormous range of situations and the lagal system in England and Wales has a variety of courts and methods for dealing with different types of cases.

Types Of Law

The first distinction is that between international and national law: National law can then be classified into public and private law; finally these classification can be sub divided into a number of different categories.

International and National Law:

International law is concerned with disputes between nations much of this law comes from treaties which have been agreed by the governments of the countries. National law is the law which applies within a country. Each country will have its own national law and there are often wide differences between law of individual countries. For example while serious criminal cases are tried by jury in both systems the scotish jury has 15 members and the decision can be made by a simple majority of eight to seven. In contrast the jury in England and Wales has 12 members at least 10 of whom must agree on the decision.

Public and Private Law:

Within national law there is usually a clear distinction between public and private law. Public Law involves the state or government in some way , while private law is concerned with disputes between private individuals or businesses, Both private and public law can be sub-divided into different categories.

Public Law:

There are three main types of law in this category. These are:

Private Law:

This is usually called civil law and has many different branches. The main ones are Law of Tort (even though there is no contract between them, one person owes legal responsibility of such kind to another person and there has been a breach of that responsibility ) . Family Law (whether marriage is valid, rules for divorce and who should have the day to day care of any children of the family. The law of succession (it is concerned with regulating who inherits a property when a person dies) Company law is very important in the business world. It regulates how a company should be formed , sets out formal rules for running companies and deals with rights and duties of shareholders and directors. Employment law ( covers all aspects of employment from the original formation of a contract to situations of redundancy or unfair dismissal. As well as these areas of private law, there are also laws relating to land, to copyright and patents, to marine law and many other topics so it can be seen that civil law covers an enormous range of situations.

Civil Cases Criminal Cases Purpose of the law To uphold the rights of individuals To maintain law and order or to protect society Person starting the case The individual whose rights have been affected Usually the state through police and crown prosecution service Legal name of that person Claimant Prosecutor Courts hearing cases County court or High court. Some cases dealt within the tribunals Magistrates courts or crown court Standard Of Proof The balance of probability Beyond reasonable doubt Persons Making the decision Judge (or panel of judges) very rarely a jury Magistrate or jury Decision Liable or not liable Guilty or not Guilty Powers of the court Usually an award of damages, also possible : injunction , specific performance , recession or rectification. prison , fine , probation, discharge, community service order, curfew order etc

The law of England and Wales has been built up very gradually over the centuries. There is not just one way of creating and developing law, there have been and still are, a number of different ways, These methods of developing law are usually referred to as sources of law. Historically, the most important ways were custom and decisions of judges. Then as parliament became more powerful in the 18th and early 19th centures, Acts of parliament were the main sources of new laws , all the judicial decisions were still important as they interpreted the parliamentary law and filled in gaps where there was statute law. During the 20th century, statute law and judicial decisions continued to be the major sources of law but, in addition , two new sources of law became increasingly important these were delegated legislation and European law. All these sources of law have combined to make our present day law.

These are rules of behavior which develop in a community without being deliberately invented. There are two main types of custom : general custom and local custom.

The word " Equity " has a meaning of "fairness" . Equity developed because of problems in Common law, Major problem was the fact that the only remedy the common law courts could give was " damages " which is an order that defendant pay a sum of money to the plaintiff by way of compensation. In some cases this would not be the best method of putting matters right between the parties. For example, in a case of trespass to land , where perhaps the defendant had built on his neighbour's land, the building would still be there and the plaintiff would have lost the use of that part of his land. In such a situation the plaintiff would probably prefer to have the building removed , rather than be given money in compensation.

People who could not obtain justice in the common law courts appealed directly to the king. Most of these cases were referred to the king's Chancellor , who was both a lawyer and a priest , and who became known as the keeper of the King's conscience. This was because the Chancellor based his decisions on principles of natural justice and fairness, making a decision on what seemed 'right' in the particular case rather than on the strict following of previous precedent . To ensure the decisions were fair , the chancellor used new procedures such as subpoenas, which ordered a witness to attend the court or risk imprisonment for refusing to obey the chancellor order. He also developed the new remedies which were able to compensate plaintiffs more fully than the common law remedy of damages. The main equitable remedies were:

These are still used today. Equity was not a complete system of law ; it merely filled the gaps in the common law and softened the strict rules of the common law.

Clearly the legal system in England and Wales could not rely only on customs. Even in Anglo Saxon times there were local courts which decided disputes, but it was not until after the Norman conquest in 1066 that a more organised system of courts emerged. This was because the Norman king realised that control of the country would be easier if they controlled, among other things, the legal system. The first Norman king William set up the King's court and appointed his own judges . The nobles who had dispute were encouraged to apply to have the King or his judges decides the matter. The judges were sent to major towns to decide any important cases. This meant that judges travelled from London all round the country that was under the control of the King. In the time of Henry these tours became more regular and Henry divided up the country into "circuit " or the areas for the judges to visit. Initially the judges would use the local customs or the old Anglo saxon laws to decide cases but over a period of time it is believed that the judges on their return to Westminister in London would discuss the laws or customs they had used, and the decisions they had made, with each other. Gradually, the judges selected the best customs and these were then used by all the judges throughout the country. This had the effect that the law becameuniform or common .

Common Law is the basis of our law today it is unwritten law that developed from customs and judicial decision. This phrase 'common law' is still used to distinguished law that developed from customs and judicial decisions from law that have been created by Statute or other legislation. For Example murder is a common law crime while Theft is a statutory crime. This means that murder has never been defined in any Act of Parliament but theft is now defined by the Theft Act 1968. Common law also has another meaning ,in that it is used to distinguish between rules that were developed by the common law court the King court and the rules of Equity which were developed by the Lord Chancellor the Chancery Court.

In the English Common Law system , Case law develops as courts hear disagreement between parties, making a decision as to what the law should be in a particular case. These decisions creates precedents. The doctrine of judicial precedents operates by ensuring that a previous courts decision is followed by another court when deciding a subsequent legal case, provided certain rules for extracting the legal principle from the earlier case and applying it to the current one are followed.

Statute Law comprises legislation that made by the House of Parliament. Legislation may be a primary legislation which starts as a Bill and become an Act of Parliament or it may be secondary or delegated legislation, drafted by the Government department and enacted under powers given by primary piece of legislation. UK Statutes are not only form of binding legislation in England; EU regulations are also immediately binding. In addition, UK is committed by EU membership to enact the provision of EU directives into the national law. Statutes are not always new laws, they may amend previous statutes or they may codify the common law, so making a body of previous binding case law redundant.

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The Psychology of Jury Selection

At this point during Jury Duty, about 50 randomly selected potential jurors (including myself) were waiting around for Jury Selection to begin. (Photo credit: Wikipedia)

By Elizabeth Hall

Introduction

Once it has been determined that a trial will proceed to a jury trial, there are steps that are taken to select a suitable jury to hear the case.  Candidates for venire, which is the large pool of people selected to represent a group of our peers, are selected, usually from voter registration and drivers’ license lists from the jurisdiction represented.  Usually the number varies from 30 to 200 and must represent a fairly accurate cross section of the jurisdiction representing the case according to Greene, Heibrun, Fortune, and Nietzel (2006).  Once this is completed, a process called voir dire is used to weed out unfavorable candidates and select the actual jury members for the case.  This is achieved by questioning each individual separately to ensure that potential jury members are right for the individual case.  (Greene, Heibrun, Fortune, and Nietzel, 2006)

Attorney Mike Faulk asking questions during jury selection (Photo credit: Wikipedia)

Attorneys on sides, prosecution, and defense often take the advice of experts from the field of psychology on which jurors to keep, and which to dismiss to achieve a favorable result.  Each side gets a predisposed number of preemptory challenges in which a potential juror may be dismissed without reason.  It is in this step of jury selection that psychologists are most needed, because a bad jury selection can tip the scales in either direction, and a few can ensure that the outcome of the trial will not be favorable for that side of the issue.  According to Hutson (2007), jury selection advice has become large-scale business for forensic psychologists.  He goes on to say, that some firms offer scientific jury selection advice, while others offer advice based on social psychology.  Either way, the addition of expert advice during the jury selection process is viewed as a valuable tool, because both sides can evaluate the potential jurors and their personalities by trained professionals knowledgeable in the study of people.  (Greene et al, 2006)

Psychologist Roles in the Jury Selection Process

English: W. S. Gilbert's illustration for "Now, Jurymen, hear my advice" from Gilbert and Sullivan's Trial by Jury (Photo credit: Wikipedia)

For forensic psychologists involved with the jury selection process or voir dire, notes Koocher (2009), use their knowledge of people to help the criminal defense attorney select jurors sympathetic to the defendant and most likely to acquit.  Likewise, the prosecutorial attorneys use forensic psychologists to select jury members most likely to convict the defendant.  It is believed, that through the advice given to both sides by forensic psychologists that a fair and balanced jury can be selected.  The advice given by the psychologists is intended help the attorneys weed out jurors from the pool who may show bias for any reason including race, sex, and preexisting beliefs about the circumstances of a case, which are not to be considered in judging guilt or innocence during a trial.  (Greene et al, 2006)

An example of a normal question asked during voir dire might be “Do you believe as a juror that you can set aside any negative feelings you might have toward the defendant because he is black or a police officer (Greene et al, 2006)”?  You can change the end of the sentence to “because he is” whatever the defendant happens to be associated with negatively or positively, as positive feelings towards the defendant can sway jury verdicts as well.  One example of a case such as this involves famous basketball star Michael Jordan and his lawsuit alleging that he broke his promise to star in a movie.  Almost all of the jurors picked for venire confessed that they could not be impartial to such an admired defendant and they had a hard time seating a jury for the case.  In addition, when they finally got a jury seated, coincidence or not, they voted in favor of Jordan.  (Greene et al, 2006)

The Importance of Juror PersonalityCharacteristics

While juror demographics may play a large role in individual juror decisions, the individual personality characteristics play an equal part in determining how a jury will perceive the particulars of any case.  According to Greene et al (2006), studies’ depicting that personality attributes, such as authoritarianism, possessing an internal/external locus of control, belief in a just world, or prior j

Clarence Darrow (Photo credit: Wikipedia)

ury experience can affect jury perceptions.   According to Hutson (2007), Clarence Darrowsaid, “Almost every case has been won or lost when the jury is sworn.”  This effectively implies the importance of an effective voir dire and the use of all tools available including advice on human behavior by psychologists for they are deemed the experts on the subject.  (Hutson, 2007)

Scientific Jury Selection and Effectiveness

Giewat (2007) defines scientific jury selection as the successful integration of social science and empirical research as it applies to the courts.  It should be noted that the term scientific jury selection applies to a process used by the legal system to allow trial consultants possessing backgrounds in social science to use psychological theory and tools to aid in the process of jury selection.  The tools often used are community attitude surveys, questionnaires, approved questioning methods, and non-verbal and verbal behavioral cues.

Scientific jury selection uses demographic and personality/attitude aspects in order to assist in the identification of unsuitable or prejudiced jury candidates.  While social scientists use both demographic and personality/attitude factors, it is believed that the personality/attitude data and theory is more reliable as predictors for juror perception of the situation.  Giewat (2007) notes, that Lieberman and Sales stress that specific questioning, as opposed to vague questioning seems to work best.  Greene (2007) asserts that the scope of this work is expanding to pretrial assessments of evidentiary reaction and other services. 

Conclusion

The addition of expert advice during the jury selection process is viewed as a valuable tool, because both sides can evaluate the potential jurors and their personalities by trained professionals knowledgeable in the study of people.  Social scientists can use demographics, and  personality/attitude assessments, along with behavioral theory and individual personality characteristics to assist prosecutors in jury selection.  They also use community attitude surveys, questionnaires, approved questioning methods, and non-verbal and verbal behavioral cues.  The goal is to provide each side, prosecution and defense the chance to question each jury member to determine suitability for jury candidacy.  Our current justice system rules operate under the assumption that allowing either party access to expert advice and preemptory challenges will ensure that a fair and balanced jury is chosen for the case.  (Greene et al, 2006)

References:

Giewat, G.R. PhD, (2007).  Book Review: Scientific Jury Selection.  Retrieved From: http://www.courtinnovation.org/_uploads/documents/giewat.pdf

Greene, E., Heibrun, K., Fortune, W.H., Nietzel, M.T. (2006).  Psychology and the Legal System (6^th Ed.).  Florence, Kentucky.  Cengage Learning

Hutson, M. (2007).  Psychology Today.  Unnatural Selection.  Retrieved From: http://www.psychologytoday.com/articles/200703/unnatural-selection

Koocher, G.P., (2009).  Ethics and the Invisible Psychologist.  American Psychological Association.  Retrieved From: http://www.ethicsresearch.com/images/Ethics_and_the_Invisible_Psychologist.pdf 

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