Guilty, not guilty, or...? Multiple options in jury verdict choices

Michael Smithson*, Sara Deady, Lavinia Gracik

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    16 Citations (Scopus)

    Abstract

    Three studies investigate the role and impact of alternative verdicts to the conventional choice between conviction and acquittal. The primary focus is on the Not Proven option, with a lesser charge alternative included for comparisons. The results contradict a commonly held view that the Not Proven option attracts jurors away from returning a conviction. Instead, Not Proven more often supplants outright acquittals. Judged probabilities of guilt from jurors returning Not Proven are mid-range, in contrast to the markedly higher probabilities given by those returning conviction of a lesser charge (manslaughter) and lower probabilities from those returning an acquittal. Jurors returning Not Proven report greater decisional difficulty and conflict than those returning any other verdict, including conviction on a lesser charge. No direct evidence is found that third options function as a decision-avoidant alternative to conviction or acquittal.

    Original languageEnglish
    Pages (from-to)481-498
    Number of pages18
    JournalJournal of Behavioral Decision Making
    Volume20
    Issue number5
    DOIs
    Publication statusPublished - Dec 2007

    Cite this