The process of selecting jurors is criticized for being incompatible with the ideal of a

representative jury chosen by a random process (Kapardis, 2003: 142). During the selection
of jurors, both the defendant and the prosecution can exclude a number of prospective jurors
(Nolo, N.D.) giving a reason why the juror won’t be fit to give a verdict. Also on a limited
peremptory challenges they are not being requested to provide explanations and on these
occasions they incline to select jurors that will be favourable with the defendant, or
respectively opposed, and become subject to biases, regardless the argument that constructing
ideal profiles of the juror is unethical (Kapardis, 2003: 134). The defendant has the right to an
impartial jury, and a fair selection of jurors free from racial, ethnic or gender discrimination
(Nolo, N.D).
Other than the fear that a ‘scientific’ jury selection associated with the “Jurors Bias
Scale” could influence the composition of the jury in the favor of the accused (Kapardis,
2003: 141), issues of bias also arise within the jury. Namely, the personal biases that
everyone faces and which lawyers feel to counteract. Marshall (1975) states that “the right to
trial by an impartial jury would not guarantee that a jury’s verdict would be a fair one”
(Kapardis, 2003: 134). Beliefs, attitudes and other jurors’ characteristics act like filters that
bias not only decisions but also comprehension of the evidence (Kapardis, 2003: 134). And a
jury that is not competent will less support a fair trial or will more easily be misled by a
judge’s instruction.

Is a preliminary education of the jury regarding biases able to determine honest

decisions and a fairer verdict?

List of reference:
Kapardis, A. (2003) Psychology and Law. A critical introduction. Second Ed. Oxford
University Press: Cambridge.

Nolo Legal encyclopedia. (N.D.) Discrimination in Jury Selection. Nolo Legal encyclopedia.
Available at: https://www.nolo.com/legal-encyclopedia/discrimination-jury-selection.html.
[Accessed: 15.01.2019].