Publication - Research and analysis
Scottish jury research: findings from a mock jury study
The study is the first mock jury research to consider the unique nature of the Scottish jury system with 15 jurors, three verdicts and a simple majority.
Annex J - Additional tables
Table J.1 - Mean length of jury deliberations by experiemental condition
| Condition | Mean length of deliberations (mins) | Min length | Max length (90 was max possible) | Number of juries |
|---|---|---|---|---|
| All 64 juries | 45 | 14 | 90 | 64 |
| Trial type | ||||
| Assault trial | 37 | 14 | 82 | 32 |
| Rape trial | 54 | 22 | 90 | 32 |
| Number of verdicts | ||||
| 2-verdict conditions | 46 | 14 | 90 | 32 |
| 3-verdict conditions | 45 | 18 | 90 | 32 |
| Number of jurors | ||||
| 12-person juries | 43 | 14 | 90 | 32 |
| 15-person juries | 48 | 20 | 90 | 32 |
| Majority type | ||||
| Simple majority | 37 | 14 | 90 | 32 |
| Unanimous | 54 | 20 | 90 | 32 |
Table J.2 - Frequency with which jurors observed wanting to contribute, but being unable to do so by condition (number of juries)
| Condition | Not at all / only occasionally / only in specific sections | Regularly throughout the jury | Number of juries |
|---|---|---|---|
| All 64 juries | 49 | 15 | 64 |
| Trial type (sig.) | |||
| Assault trial | 20 | 12 | 32 |
| Rape trial | 29 | 3 | 32 |
| Number of verdicts (not sig.) | |||
| 2-verdict conditions | 24 | 8 | 32 |
| 3-verdict conditions | 25 | 7 | 32 |
| Number of jurors (sig.) | |||
| 12-person juries | 30 | 2 | 32 |
| 15-person juries | 19 | 13 | 32 |
| Majority type (not sig.) | |||
| Simple majority | 26 | 6 | 32 |
| Unanimous | 23 | 9 | 32 |
Table J.3 - Mean number of jurors identified as dominant by condition
| Condition | Mean number of dominant jurors | Min. | Max. | Number of juries |
|---|---|---|---|---|
| All 64 juries | 1.4 | 0 | 5 | 64 |
| Trial type (sig.) | ||||
| Assault trial | 1.9 | 0 | 4 | 32 |
| Rape trial | 1.0 | 0 | 5 | 32 |
| Number of verdicts (not sig.) | ||||
| 2-verdict conditions | 1.6 | 0 | 5 | 32 |
| 3-verdict conditions | 1.3 | 0 | 3 | 32 |
| Number of jurors (sig.) | ||||
| 12-person juries | 1.0 | 0 | 5 | 32 |
| 15-person juries | 1.8 | 0 | 4 | 32 |
| Majority type (not sig.) | ||||
| Simple majority | 1.3 | 0 | 4 | 32 |
| Unanimous | 1.6 | 0 | 5 | 32 |
Table J.4 - Mean number of jurors identified as 'minimally contributing' by condition
| Condition | Mean number of minimally contributing jurors | Min. | Max. | Number of juries |
|---|---|---|---|---|
| All 64 juries | 2.0 | 0 | 7 | 64 |
| Trial type (sig.) | ||||
| Assault trial | 2.6 | 0 | 7 | 32 |
| Rape trial | 1.5 | 0 | 6 | 32 |
| Number of verdicts (not sig.) | ||||
| 2-verdict conditions | 2.1 | 0 | 6 | 32 |
| 3-verdict conditions | 2.0 | 0 | 7 | 32 |
| Number of jurors (sig.) | ||||
| 12-person juries | 1.6 | 0 | 5 | 32 |
| 15-person juries | 2.5 | 0 | 7 | 32 |
| Majority type (not sig.) | ||||
| Simple majority | 2.0 | 0 | 7 | 32 |
| Unanimous | 2.0 | 0 | 6 | 32 |
Table J.5 - Proportion of jurors who agreed/disagreed with 'I felt that some members of the jury talked too much' by condition (row %)
| Condition | Agree/ Strongly agree | Neither | Disagree/ Strongly disagree | Base (number of jurors, excluding 'Not sure' or Not Answered) |
|---|---|---|---|---|
| All 64 juries | 35% | 24% | 41% | 837 |
| Trial type (not sig.) | ||||
| Assault trial | 35% | 23% | 42% | 415 |
| Rape trial | 36% | 25% | 39% | 422 |
| Number of verdicts (sig.) | ||||
| 2-verdict conditions | 38% | 25% | 37% | 420 |
| 3-verdict conditions | 33% | 22% | 45% | 417 |
| Number of jurors (sig.) | ||||
| 12-person juries | 28% | 24% | 48% | 373 |
| 15-person juries | 41% | 24% | 35% | 464 |
| Majority type (not sig.) | ||||
| Simple majority | 37% | 23% | 40% | 418 |
| Unanimous | 34% | 25% | 42% | 419 |
Table J.6 - Mean influence score (1-7, where 1 = no influence and 7 = a great deal of influence) by condition
| Condition | Mean perceived influence score | Base (all jurors who deliberated, excluding 'don't know' / not answered) |
|---|---|---|
| All 64 juries | 4.3 | 827 |
| Trial type (not sig.) | ||
| Assault trial | 4.3 | 418 |
| Rape trial | 4.3 | 409 |
| Number of verdicts (not sig.) | ||
| 2-verdict conditions | 4.3 | 409 |
| 3-verdict conditions | 4.3 | 418 |
| Number of jurors (sig.) | ||
| 12-person juries | 4.5 | 367 |
| 15-person juries | 4.1 | 460 |
| Majority type (sig.) | ||
| Simple majority | 4.1 | 421 |
| Unanimous | 4.5 | 406 |
Table J.7 - Difference in observed tone of jury deliberations by condition (number of juries)
| Condition | Always / almost always completely calm | Occasionally more heated / animated | Frequently heated / animated | Number of juries |
|---|---|---|---|---|
| All 64 juries | 27 | 22 | 15 | 64 |
| Trial type | ||||
| Assault trial | 16 | 6 | 10 | 32 |
| Rape trial | 11 | 16 | 5 | 32 |
| Number of verdicts | ||||
| 2-verdict conditions | 10 | 12 | 10 | 32 |
| 3-verdict conditions | 17 | 12 | 5 | 32 |
| Number of jurors | ||||
| 12-person juries | 16 | 12 | 4 | 32 |
| 15-person juries | 11 | 10 | 11 | 32 |
| Majority type | ||||
| Simple majority | 16 | 12 | 4 | 32 |
| Unanimous | 11 | 10 | 11 | 32 |
Table J.8 - Juror confidence in the verdict returned by condition (row %, all jurors except those in hung juries)
| Condition | Very / fairly confident | Not very / not at all confident | Base (all jurors except hung juries and those 'Not sure' or Not Answered) |
|---|---|---|---|
| All 64 juries | 81% | 19% | 716 |
| Trial type (sig.) | |||
| Assault trial | 89% | 11% | 366 |
| Rape trial | 73% | 27% | 350 |
| Number of verdicts (sig.) | |||
| 2-verdict conditions | 78% | 22% | 330 |
| 3-verdict conditions | 83% | 17% | 386 |
| Number of jurors (not sig.) | |||
| 12-person juries | 82% | 18% | 330 |
| 15-person juries | 80% | 20% | 386 |
| Majority type (sig.) | |||
| Simple majority | 76% | 24% | 408 |
| Unanimous | 87% | 13% | 308 |
Table J.9 - Difference in observed level of substantive discussion of the not proven verdict by condition (number of juries)
| Condition | None at all | Brief references | In some detail | Number of juries |
|---|---|---|---|---|
| All 64 juries | 21 | 28 | 15 | 64 |
| Trial type | ||||
| Assault trial | 13 | 15 | 4 | 32 |
| Rape trial | 8 | 13 | 11 | 32 |
| Number of verdicts | ||||
| 2-verdict conditions | 16 | 12 | 4 | 32 |
| 3-verdict conditions | 5 | 16 | 11 | 32 |
| Number of jurors | ||||
| 12-person juries | 8 | 17 | 7 | 32 |
| 15-person juries | 13 | 11 | 8 | 32 |
| Majority type | ||||
| Simple majority | 12 | 13 | 7 | 32 |
| Unanimous | 9 | 15 | 8 | 32 |
Table J.10 - Juror views on the appropriate verdict to return if they think the accused is guilty but the evidence does not prove it beyond reasonable doubt, by experimental condition
| Condition | Return guilty verdict | Return not guilty verdict | Return not proven verdict | Return either not guilty or not proven | Don't know/ not answered | Number of Jurors (all participants) |
|---|---|---|---|---|---|---|
| All 64 juries | 5% | 12% | 70% | 7% | 6% | 969 |
| Trial type (sig.) | ||||||
| Assault trial | 8% | 13% | 64% | 8% | 7% | 478 |
| Rape trial | 3% | 11% | 75% | 6% | 4% | 491 |
| Number of verdicts (sig.) | ||||||
| 2-verdict conditions | 4% | 20% | 63% | 8% | 5% | 484 |
| 3-verdict conditions | 7% | 5% | 77% | 6% | 6% | 485 |
| Number of jurors (not sig.) | ||||||
| 12-person juries | 4% | 12% | 71% | 7% | 5% | 425 |
| 15-person juries | 6% | 12% | 69% | 7% | 6% | 544 |
| Majority type (sig.) | ||||||
| Simple majority | 6% | 11% | 73% | 6% | 5% | 488 |
| Unanimous | 5% | 14% | 66% | 9% | 7% | 481 |
Table J.11 - Rape trial jurors' stated reasons for initial view on the verdict (three-verdict condition only)
| Guilty | Not guilty | Not proven | |
|---|---|---|---|
| General references to whether there is enough evidence to convict and/or references to missing evidence/additional evidence needed | 42% | 58% | 64% |
| Reference to specific element(s) of the evidence presented | 76% | 65% | 42% |
| Specific references to corroboration or whether witness account is consistent/compelling | 24% | 28% | 37% |
| Specific references to whether evidence proves 'beyond reasonable doubt' or meets standard of proof | 9% | 19% | 34% |
| Difficulty choosing between accounts of complainer and accused | 2% | 12% | 28% |
| Perceived credibility or reliability of the witness | 34% | 19% | 21% |
| Perceived credibility or reliability of the complainer | 66% | 33% | 20% |
| Perceived credibility or reliability of the accused | 41% | 16% | 12% |
| References to whether specific legal arguments are plausible or tests met (i.e. whether evidence suggests consent, or reasonable belief in consent) | 35% | 28% | 12% |
| Reason suggesting a legal misunderstanding (e.g. saying the accused has not proven innocence) | 2% | 0% | 0% |
| Sample size | 88 | 43 | 113 |
Table J.12 - Assault trial jurors' stated reasons for initial view on the verdict (three-verdict condition only)
| Guilty | Not guilty | Not proven | |
|---|---|---|---|
| Reference to specific element(s) of the evidence presented | 73% | 59% | 60% |
| General references to whether there is enough evidence to convict and/or references to missing evidence/additional evidence needed | 41% | 42% | 60% |
| Perceived credibility or reliability of the witness | 18% | 53% | 45% |
| References to whether specific legal arguments are plausible or tests met (i.e. whether evidence suggests consent, or reasonable belief in consent) | 68% | 41% | 35% |
| Perceived credibility or reliability of the complainer | 14% | 37% | 24% |
| Specific references to corroboration or whether witness account is consistent/compelling | 5% | 28% | 24% |
| Perceived credibility or reliability of the accused | 9% | 22% | 22% |
| Specific references to whether evidence proves 'beyond reasonable doubt' or meets standard of proof | 2% | 13% | 18% |
| Difficulty choosing between accounts of complainer and accused | 2% | 6% | 17% |
| Reason suggesting a legal misunderstanding (e.g. saying the accused has not proven innocence) | 27% | 2% | 1% |
| Sample size | 44 | 64 | 125 |
Table J.13: Rape trial jurors' specific evidence cited in reasons for initial view on the verdict (three-verdict condition only)
| Guilty | Not guilty | Not proven | |
|---|---|---|---|
| Nature, extent or likely cause of complainer's injuries | 58% | 23% | 32% |
| Medical evidence enough, or not enough, or other reference to doctor's evidence | 13% | 14% | 24% |
| Lack of other evidence, missing evidence, photos, CCTV, other witnesses | 2% | 9% | 9% |
| Complainer offering wine or inviting him over | 0% | 21% | 7% |
| They kissed, he kissed her, and/or she kissed him back | 9% | 19% | 6% |
| Complainer phoning accused previously | 5% | 16% | 5% |
| Nature, extent or likely cause of accused's injuries or lack thereof | 0% | 7% | 4% |
| Complainer's reaction during incident | 7% | 2% | 4% |
| Still had feelings for each other | 1% | 7% | 4% |
| Accused coming up again after dropping TV | 8% | 7% | 3% |
| Timing of complainer's phone call to police | 11% | 16% | 3% |
| Listened to discussion or convinced by what other jurors said | 2% | 0% | 2% |
| Nature of conversation before alleged rape | 2% | 9% | 2% |
| Complainer's phone call to sister | 2% | 9% | 2% |
| Level of alcohol consumed | 0% | 5% | 1% |
| Fact intercourse on the floor | 1% | 0% | 1% |
| Showering after incident | 0% | 2% | 1% |
| Accused leaving scene after incident | 0% | 2% | 0% |
| Position during intercourse | 6% | 9% | 0% |
| Accused accepting wine | 2% | 0% | 0% |
| Sample size | 88 | 43 | 113 |
Contact
Email: catherine.bisset@gov.scot
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