Laboratory research suggests juries that begin deliberation with a strong majority (i.e., 2/3 or more) usually end up choosing the verdict favored by this majority, whereas those without a strong majority generally acquit or hang. We tested the robustness of these findings in the field by examining trial and deliberation correlates of jury verdicts using data from 79 criminal jury trials held in Indiana. As expected, several trial characteristics and the first‐vote preference distribution were related to jury verdicts. However, there was no evidence of leniency bias—75% of those juries without a 2/3 majority on the first deliberation vote ended up convicting. Contributions of the study, limitations, and alternative explanations for the observed severity bias are discussed.
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Devine et al. (2004) studied this question.
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