An Overview of the Capital Jury Project for Military Justice Practitioners: Jury Dynamics, Juror Confusion, and Juror Responsibility

摘要

What exactly happens in the deliberation room of a capital trial? What are the jurors thinking and how are they acting as they make their decisions? Do they act rationally and bravely like the holdout juror played by Henry Fonda in 12 Angry Men,1 or do they succumb to group pressure and change their votes without actually changing their minds? Do they understand and follow the military judge's directions or are they confused about the fundamental rules that govern capital cases? Do they accept responsibility for their votes or shift responsibility to the other actors in the system? In a capital system that requires a unanimous vote at several stages~2—and where a holdout juror can stop the death penalty process—it is critically important for capital attorneys to know the answers to these questions.