Courtroom Observation and Applied Litigation Research: A Case History of Jury Decision Making
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چکیده
Quantitative research has dominated applied litigation research, but it seems to lack the flexibility needed to link pretrial research to ongoing courtroom events. Participant observation is a methodology which seems more suitable for studying the dynamic environment of a trial. A 6-day civil trial is used to evaluate participant observation reports against pretrial survey analysis and trial simulations. The objective is to show how different methodological approaches converge in the frame of reference which reflects the actual verdict reached in trial. Litigation research is a relatively new field of social science application. The most useful methodological approaches to study ongoing litigation are still under development. Quantitative designs have dominated this field to date and typically are used for jury selection (Frederick, 1984; Penrod & Linz, 1986). Quantitative techniques, such as secondary analysis of survey data, have been employed to help create checklist scales to evaluate potential jurors for prejudicial tendencies during voir dire (Abbott, 1987). Another purpose of quantitative techniques, which is used less often, is to focus strategic themes and arguments for trial. Nonetheless, quantitative designs have been strongly criticized (Saks, 1976), in large part
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تاریخ انتشار 2013