Identifying Juror Bias: Using The Pretrial Juror Attitude Questionnaire For More Effective Voir Dire

A vast amount of empirical study exists regarding both the juror decision-making process and testing the validity of various methods for finding juror bias. Juror decision making is based on a multitude of factors including, but not limited to, ability to retain information, strength of evidence, preconceived ideas about lawyers, the justice system and law enforcement. Further, the concern regarding judicial economy during voir dire gives rise to ineffective attorney questioning as well as pressure placed on jurors to fulfill their duty to serve.
This study seeks to rely on a version of the Pretrial Juror Attitude Questionnaire or PJAQ as developed by other researchers, modified by the author, as a valid predictor of bias to create profiles of acceptable jurors in criminal cases. Further, the review explores the prospect of the bias scale as a tool for attorneys to use in voir dire to assist with making decisions about the utilization of peremptory strikes. The higher the pro-prosecution bias the more likely the juror will vote to convict, therefore the higher the pro-defense bias the more likely the juror will acquit. It is also hypothesized that juror partiality will be more evident in cases where the jurors have little information about the parties involved and the evidence is weak.