The Bilingual Jury: The Inclusion of Non-English Speaking Jurors and its Effect On Jury Deliberation and Jury Verdicts

点击翻译按钮获取中文摘要

A growing number of American citizens do not know English well enough to serve on a jury, which has implications for a system of justice committed to trial by a jury of peers. New Mexico is the only state where non-English speaking (NES) jurors routinely serve on juries, but no research examines how multiple languages between jurors affect jury decision-making.This research examines the impact of multiple languages among jurors on jury deliberations. Available social-psychological literature allows starkly different predictions. Some research suggests that NES jurors may undermine jury deliberations; other research suggests that NES jurors enhance the quality of deliberations. Further, language differences (esp. English vs. Spanish) tend to mark differences between ethnic groups; thus, inclusion of NES jurors may either increase or reduce biases against minority defendants.With the cooperation of the Supreme Court of New Mexico, competing predictions are tested in a mock jury study using jury-qualified citizens. The study varies the absence or presence of a Spanish-speaking juror who requires simultaneous translation by a professional interpreter. Second, the study compares majority Anglo or Latino mock juries. Research results will have implications for jury systems across the United States. If NES jurors do not compromise the jury decision-making process, other jurisdictions may follow New Mexico?s model. The inclusion of NES jurors would ensure that defendants are tried by a jury truly representing their community?an important issue in states with high NES populations. However, if this research identifies problems associated with the inclusion of NES jurors, New Mexico may seek ways to overcome any shortcomings in jury decision processes. Other jurisdictions may learn how best to include NES jurors, if they desire to do so.