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A Social Cognitive Approach to Understanding Juror Misconduct and Verdict Errors Melinee Melissa Marie Calhoun Walden University

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A Social Cognitive Approach to Understanding Juror Misconduct and Verdict Errors Melinee Melissa Marie Calhoun Walden University Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2015 Abstract Uneducated Injustice: A Social Cognitive Approach to Understanding Juror Misconduct and Verdict Errors Melinee Melissa Marie Calhoun Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Criminology Commons, Criminology and Criminal Justice Commons, and the Public Administration Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Melinee Calhoun has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Richard Worch, Committee Chairperson, Public Policy and Administration Faculty Dr. Lori Demeter, Committee Member, Public Policy and Administration Faculty Dr. Mark Stallo, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2015 Abstract Uneducated Injustice: A Social Cognitive Approach to Understanding Juror Misconduct and Verdict Errors by Melinee Calhoun MBA, Liberty University, 2008 BA, Valdosta State University, 2005 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University December 2015 Abstract A continual problem in the adjudication of crime in the United States is the continued occurrence of erroneous convictions and acquittals. This problem impacts the victims of crimes as they endure emotional and mental distress of additional investigations and new trials. Defendants are impacted by errors in verdicts because of the loss of freedom while being factually innocent. These errors may occur because jurors may not be knowledgeable of their role, right and responsibilities. Without regard to the judge’s minimum instruction, the jury is not provided direction on the purpose and limitations of their roles. Guided by the social cognitive theory, this correlational study examined the incorrect verdicts by jurors in 2 Georgia counties in order to evaluate whether pretrial training has an impact on the incidence of verdict error. An experimental design was used to evaluate the impact of juror training on the occurrence of erroneous convictions and acquittals. The study included 156 participants who were registered voters from Lowndes and Lanier County, Georgia. The variables training, verdict errors, and juror misconduct were analyzed using t test, Pearson correlation analysis, Levene’s Test of Equality of Variances, and Chi square analysis. The findings indicated a significant inverse relationship between the administration of pre-trial training and the occurrence of verdict error. The results suggest a relationship between the occurrence of juror misconduct and erroneous convictions, which is consistent with impact of behavior on decision making as posited by SCT. The implications for positive social change include recommendations to Lowndes and Lanier County court administrators to consider routine pretrial training that includes information about the role of the juror in criminal trials. Uneducated Injustice: A Social Cognitive Approach to Understanding Juror Misconduct and Verdict Errors by Melinee Calhoun MBA, Liberty University, 2008 BA, Valdosta State University, 2005 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University December 2015 Dedication This dissertation is dedicated to my mother, who successfully transitioned from mortal to immortal before having the opportunity to see the completion of my studies, none other than the Late Pastor Velma Moore Calhoun. Acknowledgments I would like to take this opportunity to thank all of my friends and family who played a vital role in keeping me encouraged throughout my doctoral studies, Bishop Otis L. Calhoun (father), Zakiya and Kierra (my daughters), and the Sorors of the best Sorority, Zeta Phi Beta International Sorority, Inc. I also thank my Dissertation Chair, Dr. Richard Worch, for all of his assistance in this very long dissertation process. Table of Contents List of Tables ..................................................................................................................... iv List of Figures ......................................................................................................................v Chapter 1: Introduction to the Study ....................................................................................1 Introduction ....................................................................................................................1 Background ....................................................................................................................1 Problem of the Study ...................................................................................................10 Operational Definitions ................................................................................................13 Research Questions and Hypotheses ...........................................................................14 Purpose of the Study ....................................................................................................15 Nature of the Study ......................................................................................................18 Theoretical Framework ................................................................................................20 Assumptions, Limitations, Scope, and Delimitations ..................................................24 Assumptions .......................................................................................................... 24 Scope .................................................................................................................. 25 Delimitations ......................................................................................................... 27 Limitations ............................................................................................................ 28 Significance of the Study .............................................................................................31 Summary and Transition ..............................................................................................35 Chapter 2: Literature Review .............................................................................................36 Introduction ..................................................................................................................36 Social Cognitive Theory ..............................................................................................40 i Erroneous Convictions and Erroneous Acquittals .......................................................49 Impact of Counsel: Prosecutorial and Defense ............................................................53 Eyewitness Misidentification and Testimony ..............................................................60 False Confessions.........................................................................................................64 Impact of Juror Misconduct .........................................................................................72 Methodological Literature Based Description .............................................................86 Chapter 3: Research Method ..............................................................................................88 Introduction ..................................................................................................................88 Research Design and Approach ...................................................................................99 Role of the Researcher ...............................................................................................102 Setting and Sample ....................................................................................................105 Data Collection ..........................................................................................................107 Data Analysis .............................................................................................................112 Protection of Participant’s Rights ..............................................................................116 Summary ....................................................................................................................120 Chapter 4: Results ............................................................................................................122 Introduction ................................................................................................................122 Data Collection ..........................................................................................................125 Treatment ...................................................................................................................126 Results . ............................................................................................................……..126
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