Abstract

http://ssrn.com/abstract=593941
 
 

Citations (13)



 
 

Footnotes (63)



 


 



Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven & Zeisel's The American Jury


Theodore Eisenberg


Cornell University - Law School

Paula Hannaford-Agor


National Center for State Courts

Valerie P. Hans


Cornell University - School of Law

Nicole L. Mott


National Center for State Courts

G. Thomas Munsterman


National Center for State Courts (NCSC)

Stewart J. Schwab


Cornell Law School

Martin T. Wells


Cornell University - School of Law


Journal of Empirical Legal Studies, Vol. 2, 2004

Abstract:     
This study uses a new criminal case data set to partially replicate Kalven and Zeisel's classic study of judge-jury agreement. The data show essentially the same rate of judge-jury agreement as did Kalven and Zeisel for cases tried almost 50 years ago. This study also explores judge-jury agreement as a function of evidentiary strength (as reported by both judges and juries), evidentiary complexity (as reported by both judges and juries), legal complexity (as reported by judges), and locale. Regardless of which adjudicator's view of evidentiary strength is used, judges tend to convict more than juries in cases of "middle" evidentiary strength. Judges tend to acquit more than juries in cases in which judges regard the evidence favoring the prosecution as weak. Judges tend to convict more than juries in cases in which judges regard the evidence favoring the prosecution as strong. Rates of adjudicator agreement are thus partly a function of which adjudicator's view of evidentiary strength is used, a result not available to Kalven and Zeisel, who were limited to judges' views of the evidence. We find little evidence that evidentiary complexity or legal complexity help explain rates of judge-jury disagreement. Rather, the data support Kalven-Zeisel's explanation that judges have a lower conviction threshold than juries. Local variation exists among the sites studied. The influences of juror race, sex, and education are also considered.

Number of Pages in PDF File: 36

Accepted Paper Series





Download This Paper

Date posted: September 22, 2004  

Suggested Citation

Eisenberg, Theodore and Hannaford-Agor, Paula and Hans, Valerie P. and Mott, Nicole L. and Munsterman, G. Thomas and Schwab, Stewart J. and Wells, Martin T., Judge-Jury Agreement in Criminal Cases: A Partial Replication of Kalven & Zeisel's The American Jury. Journal of Empirical Legal Studies, Vol. 2, 2004. Available at SSRN: http://ssrn.com/abstract=593941

Contact Information

Theodore Eisenberg (Contact Author)
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6477 (Phone)
607-255-7193 (Fax)
Paula Hannaford-Agor
National Center for State Courts ( email )
300 Newport Ave.
Williamsburg, VA 23185
United States
Valerie P. Hans
Cornell University - School of Law ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-0095 (Phone)
Nicole L. Mott
National Center for State Courts ( email )
300 Newport Ave.
Williamsburg, VA 23185
United States
G. Thomas Munsterman
National Center for State Courts (NCSC) ( email )
300 Newport Ave.
Williamsburg, VA 23185
United States
(800) 616-6160 (Phone)
(757) 564-2108 (Fax)
HOME PAGE: http://www.ncsconline.org/index.html
Stewart Jon Schwab
Cornell Law School ( email )
Myron Taylor Hall
#108
Ithaca, NY 14853
United States
607.255.8584 (Phone)
607-255-7193 (Fax)
Martin T. Wells
Cornell University - School of Law ( email )
Comstock Hall
Ithaca, NY 14853
United States
607-255-8801 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 3,089
Downloads: 415
Download Rank: 39,185
Citations:  13
Footnotes:  63

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.437 seconds