The Effects of Trial Procedure Factors and Deliberation Factors on Shadow Jurors’ Perceptions about the Fairness of Jury Trials in Korea

Abstract

Using survey data collected from 295 shadow jury participants in 20 jury trial cases between January and June of 2012 in South Korea, we examined whether various factors in the court proceedings and deliberations affected the shadow jurors’ perception of trial fairness and their evaluation of the jury trials in general. We found that the shadow jurors’ perceptions about the fairness of the trial were accounted for by their perceptions of how well the judges managed the trials and of how helpful the judges were in assisting the deliberation process. The shadow jurors did not think the trial was less fair because they perceived the case to be complex. Nor did they think the trial was fairer because the prosecutor made a good case against the defendant or because the defense counsel made a good defense. On the other hand, the shadow jurors’ support of the jury system in general was influenced by very different explanatory variables. The jurors’ personal characteristics, such as their degree of cognitive wants, influenced how desirable they thought the jury system is for the fairness of the trial. The shadow jurors who enjoyed debates and were willing to solve difficult problems and to learn new things were more likely to appreciate the jury trial as an institution to advance fairness in criminal justice. Also, the more the shadow jurors thought that they actively participated in the discussion process, the more desirable they considered to the jury system to be in advancing fairness. In conclusion, the shadow jurors’ attitudes toward the desirability of the jury trial most depends on the assessment of their own cognitive abilities and wants and their willingness to actively participate in the discussion.