IDEAS home Printed from https://ideas.repec.org/a/ucp/jlstud/doi10.1086-690450.html
   My bibliography  Save this article

Jurors' Presumption of Innocence

Author

Listed:
  • Nicholas Scurich
  • Richard S. John

Abstract

The presumption of innocence explicitly forbids jurors from using official suspicion or indictment as evidence of guilt in a criminal trial. A behavioral experiment tested whether jurors follow this prescription. It revealed that, compared to when a suspect had been merely named, jurors thought that the individual was significantly more likely to be guilty after a detective referred the case to the district attorney and when he was formally charged and thus a criminal defendant. A judicial instruction to presume innocence reduced jurors' beliefs in the defendant's guilt. Regression analyses indicate that jurors' prior beliefs predicted their posterior beliefs and further that their prior beliefs were predictive of verdicts even after accounting for their posterior beliefs. The findings suggest that jurors make different assumptions about the guilt of a criminal defendant before the introduction of evidence and that these assumptions influence their overall evaluation of the case and their verdict.

Suggested Citation

  • Nicholas Scurich & Richard S. John, 2017. "Jurors' Presumption of Innocence," The Journal of Legal Studies, University of Chicago Press, vol. 46(1), pages 187-206.
  • Handle: RePEc:ucp:jlstud:doi:10.1086/690450
    DOI: 10.1086/690450
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/690450
    Download Restriction: Access to the online full text or PDF requires a subscription.

    File URL: http://dx.doi.org/10.1086/690450
    Download Restriction: Access to the online full text or PDF requires a subscription.

    File URL: https://libkey.io/10.1086/690450?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlstud:doi:10.1086/690450. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JLS .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.