Document Type
Article
Publication Date
2011
Abstract
We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most amenable to study via juror self-report, as well as suggestions for more effective use of this method. This Article is intended to serve as a guide for researchers interested in using this common strategy to understand jury decision-making, and or legal professionals and policymakers who seek to draw conclusions based on this literature.
Recommended Citation
Ellsworth, Phoebe C. "Ask and What Shall Ye Receive? A Guide for Using and Interpreting What Jurors Tell Us." B. O'Brien and S. R. Sommers, co-authors. U. Pa. J. L. & Soc. Change 14, no. 2 (2011): 201-32.