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THE EXPERIENCES of THOSE WHO HAVE SERVED JURY DUTY By View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by British Columbia's network of post-secondary digital repositories THE EXPERIENCES OF THOSE WHO HAVE SERVED JURY DUTY by Lisa Kyle B.A., Simon Fraser University, 2006 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SOCIAL WORK UNIVERSITY OF NORTHERN BRITISH COLUMBIA August 2016 © Lisa Kyle, 2016 ii Abstract This research explores the experiences of those who have served on jury duty in British Columbia. This exploratory, qualitative study was completed using a semi-structured interview with jurors. The inductive approach used in this study provided the opportunity to explore both positive and negative reports related to jury duty. The research results revealed that overall participants valued their experiences as jurors. Findings also suggest many instances of negative impact. The experiences are explored through a constructivist lens and highlight the notion of place as well as the role of community as important to fostering positive juror experiences, while also exploring avenues to better support jurors in the process of completing their civic duty. iii Table of Contents Acknowledgements.................................................................................................................. vi Chapter One: Introduction ............................................................................................................................1 Research Question .................................................................................................................1 Research Overview ................................................................................................................1 Social Work Significance ..............................................................................................3 Definition of Terms .......................................................................................................4 Personal Positioning ......................................................................................................6 Locating the Study .........................................................................................................8 Chapter Two: Review of Literature ..............................................................................................................9 Under Researched Topic................................................................................................9 Positive Juror Reports ....................................................................................................9 Negative Juror Reports ................................................................................................13 Mitigating Negative Reports........................................................................................20 Group Deliberation .....................................................................................................23 Chapter Three: Methodology .......................................................................................................................26 Exploratory Research...................................................................................................26 Constructivism .............................................................................................................27 Constructivist Approach to Learning More ................................................................29 Method ........................................................................................................................................... 31 iv Participant Sample ......................................................................................................32 Recruitment..................................................................................................................32 Data Analysis ..............................................................................................................33 Reflexivity ...................................................................................................................38 Ethical Considerations ................................................................................................40 Limitations ..................................................................................................................41 Chapter Four: Findings Introduction to Participants ..............................................................................................43 Introduction to Findings ...................................................................................................43 Selection Process ..............................................................................................................45 Trial ..................................................................................................................................48 Deliberation/Verdict .........................................................................................................55 Post-trial ...........................................................................................................................59 Individual Experiences .....................................................................................................66 Commonly Reported ........................................................................................................67 Chapter Five: Conclusion Discussion ........................................................................................................................69 Research in Social Work Context .....................................................................................72 General Practice Implications ...........................................................................................76 Implications for Social Work Practice .............................................................................80 Future Research Suggestions ............................................................................................81 Conclusion .......................................................................................................................85 References................................................................................................................................86 v Appendixes Appendix A: Information Letter / Consent Form ...............................................................95 Appendix B: Interview Questions .......................................................................................99 Appendix C: Research Ethics Board Approval Letter ......................................................100 vi List of Figures Figure 1: Outline of Findings ...............................................................................................45 vii Acknowledgements I first want to thank all those who participated in this research. I truly value the time that you gave to my research, both as it has helped me in my journey towards the completion of my Masters of Social Work and because it has provided valuable insight to the topic of juror experiences. Second, I give thanks to my supervisor Joanna Pierce for all her support and encouragement throughout this process. Further, thank-you to my committee members Dr. Glen Schmidt and Dr. John Sherry for giving me your time and attention. I thank my husband for his unwavering support during the last four years. It is not an exaggeration to say that I could not have done this without his sacrifices and commitment to my goal. Lastly, I thank my little man, who gave me the freedom to be completely present with him, allowing for much needed breaks from ongoing education and to our newest little one for the motivation to finish before your arrival. 1 Chapter 1: Introduction The literature on individuals who have served as a juror comes mostly from outside of Canada, and is limited in scope (Gastil, Black, Deess, & Leighter, 2008). Current literature on jurors discusses topics such as juror dissatisfaction with an emphasis on fostering public confidence in the judiciary system (Cutler & Hughes, 2001). Other research discusses ways to improve the quality of decisions made by jurors (Ellsworth & Reifman, 2000; Penrod & Heuer, 1997). The literature that does address jurors individually is largely focused on the stress experienced by those who have served. My research contributes to the current literature with a broader exploration of juror experiences. I suggest this research as important as jury duty “is not some remote experience that has no personal relevance” (Hafemeister, 1993, p.1). Many of us will be called for jury duty at some point (Hafemeister, 1993). Research Question To accomplish my research goal, I aimed to broadly explore juror experiences by asking: “What are the experiences of those who have served on jury duty in the province of British Columbia, Canada?” Research Overview Jury Duty in BC The premise of jury duty in Canada is to provide those accused of a crime the opportunity to be tried by a group of fellow citizens; this service is considered a civic duty (Department of Justice, 2015b; Miller, 2008). Those who serve as a jury member in British Columbia (BC) receive some monetary compensation for their service, beginning at 20 dollars per day, up to a maximum of 100 dollars per day (Justice BC, n.d.a). The 2 compensation amount provided to jurors is based on the length of each individual trial (Justice BC, n.d.a).
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