Procedural fairness and jury satisfaction: An analysis of relational dimensions

Abstract

This chapter examines jury reform efforts based on the four key principles of procedural justice (respect, trustworthiness, voice, and neutrality). It also discusses ways of showing respect to the accused that can have an indirect effect on juries. First, the chapter examines ways in which the physical environment of the courtroom and the jury room can be designed to reduce juror discomfort (respectful treatment) and enhance jury neutrality. Second, the chapter discusses a range of matters relevant to trust in the jury, such as the exclusion of probative evidence from trials and the introduction of ‘question trails’ to guide jury deliberations. Third, the chapter discusses innovations that speak to the procedural justice interest in voice by allowing jurors to participate more actively in trials, such as allowing juries to take notes and to submit questions to witnesses and the court. Finally, the chapter addresses issues of legitimacy. It discusses empirical research that shows that most jurors express a high degree of confidence in the criminal justice process and that legal professionals strongly support juries as an institution.