Effects of Differential Status of Group Members on Process and Outcome of Deliberation

Kaplan, Martin F.; Rodríguez, Ana María Martín

doi:10.1177/1368430299024003

Cited by 15 publications

(15 citation statements)

References 31 publications

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“…This result corroborates the findings reported by Merle and Vitu (1967), who suggested that in the French system magistrates ''stabilize'' (Merle andVitu, 1967, p. 1036) the jury, meaning most likely that they influence them toward increasing the rates of conviction. These results may also be explained by the fact that generally, in groups, the sources that have the strongest influence are those whose status is more directly related to the task (Kaplan & Martin, 1999). Furthermore, Palmer observed that mixed juries changed their judgment more often and in opposite directions during the deliberation process compared with panels of naïve jurors.…”

Section: The Role Of Legal Knowledge In Decision-making Juriesmentioning

confidence: 85%

The effect of the deliberation process and jurors' prior legal knowledge on the sentence: the role of psychological expertise and crime scene photo

Finkelstein¹,

Bastounis²

2009

Behavioral Sci & The Law

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An experiment with simulated juries (N = 198) tested the impact of the deliberation process and two extra legal variables on the determination of sentence. Participants were either social science students without prior instruction in criminal law (prior legal knowledge: low-level group) or future professional magistrates completing their final year of training (high-level group). We manipulated the presence versus absence of (i) a non-diagnostic observation of the defendant by a psychology expert and (ii) a realistic crime scene photograph. After controlling for participants' gender and age, our results show that the high-level group was both less sensitive to the manipulated variables and more severe in their sentence than low-level jurors. We observed a post-deliberation increase in pre-deliberation bias such that the non-diagnostic psychological expertise had a stronger post-deliberation impact on the sentence. Finally, an unexpected effect showed that aggressive responses during the psychological observation tended to operate as exculpatory rather than accusatory evidence. Our results are discussed on the basis of previous research and proposals for future research are made.

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Section: The Role Of Legal Knowledge In Decision-making Juriesmentioning

confidence: 85%

The effect of the deliberation process and jurors' prior legal knowledge on the sentence: the role of psychological expertise and crime scene photo

Finkelstein¹,

Bastounis²

2009

Behavioral Sci & The Law

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“…Haley (1978) point of imbalance, stating that the differences in status allow professional judges to 33 For more general information on the imbalances in status and power affect the dynamics of mixedtribunals -particularly those of Germany -see also Kaplan and Martin (1999). In the end, cultural issues cannot entirely be ignored.…”

Section: Issues With and Concerns About Lay Participation In Japanmentioning

confidence: 99%

Rashomon Comes to the Courtroom: The Adoption of the Lay Judge System in Japan, Its Impact on Jurisprudence, and the Implications for Civic Engagement

Thompson

2000

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In May of 2009, Japan began formal operations of the -saiban-in seido‖ or -lay judge system,‖ a quasi-jury means of criminal trial adjudication that represents the first occasion since 1943 that average Japanese citizens will be required to fulfill a role in the criminal jurisprudential process. While the lay judge system promises to affect the methods and procedures of criminal trials in Japan, recent scholarship in the United States has raised an interesting question: to what degree can the lay participatory adjudication process facilitate greater levels of civic engagement in past citizen jurists once their service has completed?It is with this question in mind that the Japanese lay judge system is examined.In this work I first analyze how the Japanese judicial system fits within the global context, measuring it against the adversarial and inquisitorial archetypes that are followed by other liberal democracies. I then look to describe how lay adjudication is handled elsewhere around the world, finding that two major systems are employedthe Anglo-American jury and the European mixed-tribunal -with the Japanese lay judge system bearing great resemblance towards the latter. In investigating the origins of the lay judge system, and the changes this new method brings to Japanese criminal jurisprudence, I seek to detail the goals of this recent reform and the opportunities the lay judge system has to realize those aims. Finally, I look to how lay participation in the courtroom can inspire individuals to be more civically active once their service at trial is finished. In this pursuit, I look to relevant theoretical literature that describes how deliberative participation can spur further participation in civil society, as well as recent research in the United States that document linkages between jury service and ii an individual's later inclination to be more civically engaged. With this evidence in hand, I return the focus to Japan and the lay judge system and ask what results can be expected under this new system. As sufficient data is not readily available to make definitive declarations as to the civic engagement-enhancing potential of the lay judge system -due to the relative newness of the institution -this thesis instead offers theories and hypotheses that may prove fruitful to later investigations on this very question. Moreover, I examine opinions prevalent in the current literature that would question the ability of the lay judge system to invigorate the civic engagement-tendencies of past lay jurists and analyze their veracity. In this manner, I seek to provide future research in this area with a more stable footing to proceed.iii ACKNOWLEDGEMENTS I am deeply indebted to many individuals and organizations for their assistance with research, guidance as to how to proceed on this topic, and general support for this endeavor. Truly, their help proved invaluable to enhancing the quality of this work.

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“…Deutsch (1973) also acknowledged informational influence as a source of individual or minority power saying that a group member might be influenced to accept third party information as being representative of a specific situation or fact even if that is not the case because of the informational power the influencing party has over them or the group. Kaplan and Martin (1999) supported this recognising expert power as an influence of minority power, defining it as a special knowledge or expertise about an issue that may influence a decision.…”

Section: Compromise Collaboration and Cooperationmentioning

confidence: 99%

“…In fact, projects benefit greatly from good requirements management principles, open and trusting environment, with business, stakeholders and developers working together in a collaborative and cooperative fashion, all to enable the sharing of viewpoints, clarification of conflict and consensus negotiation. Not surprisingly, in any decision making group participants commonly form distinctive and dissenting factions, even in spite of their shared social status (Kaplan & Martin 1999). On the other hand, as collaboration requires shared perceptions of all parties involved, this is more likely to come from members of a shared social status (Spekman 1996).…”

Section: Compromise Collaboration and Cooperationmentioning

confidence: 99%

“…He further remarks that within the group dynamics, group power is facilitated through normative influence which is a social-relational form of influence in which pressure is applied to deviant members to conform to 'the group norm' (Deutsch 1973). Kaplan and Martin (1999) raised the social status of individuals within the group as another aspect of minority power. Eisenhardt and Bourgeois (1986) and Flood et al (2000) supported this noting that Chief Executive Officer (CEO) dominance reduces the degree of consensus that is achieved when group decision-making.…”

Section: Compromise Collaboration and Cooperationmentioning

confidence: 99%

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Consensus Making in Requirements Negotiation: the communication perspective

Price¹,

Cybulski²

2005

AJIS

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When developing an Information System (IS), organizational goals of various stakeholders are commonly in direct conflict. Furthermore, individuals often rank their private objectives well over their management's directions. Recognising and reconciling all these diverse goals, and reaching agreement among the stakeholders, are prerequisite to establishing project cooperation and collaboration. This paper focuses, in particular, on the negotiation and consensus making during requirements elicitation -the earliest stages of the IS development process. As requirements elicitation involves rich communication between project stakeholders, we therefore explore negotiation and consensus making from the communication perspective. The resulting model assists our understanding of the communication factors that influence the consensus process during requirements negotiation.

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Effects of Differential Status of Group Members on Process and Outcome of Deliberation

Cited by 15 publications

References 31 publications

The effect of the deliberation process and jurors' prior legal knowledge on the sentence: the role of psychological expertise and crime scene photo

The effect of the deliberation process and jurors' prior legal knowledge on the sentence: the role of psychological expertise and crime scene photo

Rashomon Comes to the Courtroom: The Adoption of the Lay Judge System in Japan, Its Impact on Jurisprudence, and the Implications for Civic Engagement

Consensus Making in Requirements Negotiation: the communication perspective

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