Open research questions in Jury Decision Making Processes
130 unresolved questions extracted from the limitations and future-work sections of 5,525 Jury Decision Making Processes papers in our library. Each links back to the study that raised it.
What the literature leaves open
The development of fundamental tactical rules of the hearing within the framework of the judicial investigation is to become a priority task of forensic science, given that the judicial practice in this matter remains insufficiently generalized and valorized at the doctrinal level.
Published on 28th January, 2026 www.vjr-vips.com An Indefatigable Prosecutor: The Indomitable Legacy of Shri. Damodar Das Mathur Swapnil Choudhary, Satvik Mathur Partner at Nayanta Legal Co., New Delhi, India Central Government Counsel, Supreme Court, New Delhi, India While the names of renowned lawyers, eminent judges, and celebrated jurists often find a place in public discourse, one essential pillar of the justice system frequently remains in the shadows, the public prosecutor. Often overlooked and under-acknowledged, public prosecutors serve as the guardians of justice, ensuring that the rule of law prevails in courtrooms across the country. This article seeks to shed light on the remarkable legacy of one such unsung hero, Mr. Damodar Das Mathur, by tracing his unwavering commitment to justice and his distinguished service as a tireless and principled public prosecutor through the landmark cases he diligently pursued. Although it goes without saying, any lawyer worth his salt, at some point in his career, inevitably finds himself caught in the relentless whirlpool of striving for a work-life balance that too often at a great personal cost. To not only withstand this struggle but to emerge as a doyen of the legal fraternity while simultaneously remaining deeply devoted to one’s family is, without a doubt, a rare and commendable achievement and truly a work of art. Through his brilliance, unwavering dedication, and sense of purpose, Mr. Mathur masterfully attained this balance. He seamlessly integrated professional excellence with personal commitment, making both facets of his life integral and complementary, ultimately contributing to the betterment of society. Commencing his career under the able guidance of the distinguished legal stalwart and an eminent jurist, Late Sh. Tara Chand Mathur, and it was his watchful eye under which Mr. Damodar Das Mathur, throughout his journey as an attorney and later as a public prosecutor, relentlessly strived to uphold the ideals of justice, fairness, and the rule of law, which ultimately paved the way to achieve greater heights in his professional life. His commitment was not merely to argue cases, but to serve as a custodian of justice and ensure that the law was not only enforced but also interpreted with integrity and compassion. Over the years, he played a pivotal role in shaping the landscape of criminal law in India, contributing significantly to the development of legal © Authors 2025.
This issue has not been addressed much in the literature so far, while it may be of interest due to the inconsistent way in which the legislator regulates the matter of disciplinary responsibility, and furthermore due to the specificity of this body.
While the recent literature on criminology has produced significant empirical data testing the effects of peoples’ evaluations of procedural justice during court hearings for institutional legitimacy, little is known about what happens during these situations of contact between citizens and judicial actors.
The exercise of authority during interactions in custody hearings in São Paulo (Brazil): Building legitimacy through exclusion · 2022 · DOIIf this equiparation is lacking, or if the criminal wrongdoing is characterised as a wholly independent action by another party, then alternative forms of potential secondary party liability must be sought – a de novo facilitation offence as propounded subsequently, and consideration of reverse burden of proof.
Reform of Anglo-American Complicity Law: Conduct, Connectivity and Comparative Solutions · 2022 · DOIThis qualitative study conducted in Queensland, Australia, found that it was considered vital for magistrates and judges to have access to information about child development, parenting capacity, and other factors relevant to care and protection decisions, but access to independent expert evidence was limited.
I find only limited evidence that Twombly and Iqbal , the two most important pleading cases in 50 years, have had a major effect on the behavior of lawyers and judges across all cases.
The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.
Abstract Although social scientists and legal scholars have made valuable headway in identifying and explaining the relationships between myriad demographic, social, and legal factors and case outcomes, a sizable gap in understanding remains with respect to how cases evolve across decision points and how charges change for different racial and ethnic groups at individual decision points and cumulatively.
TRACING CHARGE TRAJECTORIES: A STUDY OF THE INFLUENCE OF RACE IN CHARGE CHANGES AT CASE SCREENING, ARRAIGNMENT, AND DISPOSITION* · 2017 · DOIIts analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the ‘ladder’ of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person.
We highlight the need for more focused research in understudied areas—in particular, we discuss the need for further development of experimental methods in restorative justice research—which will enable restorative justice scholars to develop more effective procedures that complement existing legal processes.
To bridge this gap in the literature, this study provides a statewide assessment of the 17 VTCs operating in Pennsylvania, identifies six common components, and highlights areas in which their implementation diverges between courts to meet the specific needs of veterans across Pennsylvania.
Varieties of Veterans’ Courts: A Statewide Assessment of Veterans’ Treatment Court Components · 2015 · DOINeg-PTP juries were more likely than No-PTP juries to discuss ambiguous trial evidence in a proprosecution manner and less likely to discuss judicial instructions and lack of evidence.
From the shadows into the light: How pretrial publicity and deliberation affect mock jurors’ decisions, impressions, and memory. · 2014 · DOIAbstract Police decision making in rape cases is poorly understood, despite high levels of attrition for rape and sexual assault cases, with up to 75% lost at the investigation stage.
The Victim as a Means to an End: Detective Decision Making in a Simulated Investigation of Attempted Rape · 2013 · DOI(23) Chief Judge Fuld concluded that [a]lthough there was no agreement between them, express or implied, the defendant received a benefit from the plaintiffs services under circumstances which, in justice, preclude him from denying an obligation to pay for them.
Reversing Course: A Critique of the Court of Appeals New Rules for Unjust Enrichment and Criminal Legal Malpractice Actions · 2013Recent efforts to conduct meta-analyses of the findings from restorative justice programme evaluations (Latimer, Dowden, & Muise, 2001; Nugent, Umbreit & William, 2003) are premature, since programmes vary widely in their content, there are too few evaluations that include a valid comparison group, and most programmes have an insufficient number of cases upon which to draw solid conclusions.
Protocols for Evaluating Restorative Justice Programmes · 2008In Part II, I provide a brief history of sentencing law from before the adoption of the Sentencing Guidelines up through Booker, highlighting the changes in over this period coinciding with the shift from no Guidelines to mandatory Guidelines to the current advisory-Guidelines system.
Appellate Discretion and Sentencing After Booker · 200820 In the modern death penalty system, where skilled capitaldefense attorneys are scarce, collateral review serves as an essential means of ensuring the accuracy and reliability of a death sentence.
"A Meaningless Ritual": How the Lack of a Postconviction Competency Standard Deprives the Mentally Ill of Effective Habeas Review in Texas* · 2008The Article explores three possible explanations for the lack of evidence: (1) that the nature of claim construction is indeterminate; (2) that district court judges are incapable of or not interested in learning how to perform claim construction; and (3) that Federal Circuit decisions do a poor job of teaching district court judges how to construe claims.
Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases · 2008 · DOIThis study sought to examine this underresearched area by focusing specifically on the factors that predict decertification and utilizing quantitative data pertaining to 345 youth initially transferred to adult court in 1996 under Pennsylvania's law that automatically excludes certain youth from juvenile court jurisdiction.
Four decision points are assessed: the decision to file charges (versus rejection for insufficient evidence); to file as a felony (versus a misdemeanor or probation violation); to dismiss for insufficient evidence (versus full prosecution); and to reduce felony charges to a misdemeanor or violation of probation.
In criminal practice before international tribunals, the boundaries between lack of professionalism (serious misconduct) by prosecution and taking an erroneous position on the law (procedural error) are particularly blurred, if only because the backgrounds and expectations of all persons involved in the proceedings are profoundly different and the playing field is still insufficiently defined.
Future research should examine the source of these findings, explore ways to assist jurors in according DNA evidence appropriate probative weight, and take into account the influence of jury deliberations.
That legislation, the Judicial Use of Discretion to Guarantee Equity in Sentencing Act of 2003 (JUDGES Act), (16) looks to restore federal sentencing to its pre-PROTECT Act condition, and to require additional research on national trends in sentencing that could assist in the creation of well-considered and well-intentioned legislation in the future.
Do Judges Need Protection? Legislative and Judicial Responses to the PROTECT Act's Feeney Amendment · 2005Increased knowledge was associated with: a willingness to permit legal safeguards, including expert testimony at trial; a belief that jurors have limited knowledge of eyewitness factors; a reluctance to convict defendants solely from eyewitness testimony; a more accurate estimate of the extent to which wrongful convictions result from eyewitness error; and a belief that judges need more eyewitness training.
Most-cited papers in Jury Decision Making Processes
- RACIAL AND ETHNIC DISPARITIES IN SENTENCING DEPARTURES ACROSS MODES OF CONVICTION* · Criminology · 2003 · 178 citations
- Gruesome Evidence and Emotion: Anger, Blame, and Jury Decision-Making. · Law and Human Behavior · 2006 · 138 citations
- Prosecutorial Charging Decisions in Sexual Assault Cases: Examining the Impact of a Specialized Prosecution Unit · Criminal Justice Policy Review · 2005 · 131 citations
- Prosecuting Child Sexual Abuse · Crime & Delinquency · 2008 · 112 citations
- State-Level Effects of Transitional Justice: What Do We Know? · International Journal of Transitional Justice · 2010 · 112 citations
- Justice Through a Multispecies Lens · Contemporary Political Theory · 2020 · 103 citations
- When a child takes the stand: Jurors' perceptions of children's eyewitness testimony. · Law and Human Behavior · 1987 · 102 citations
- In the Eye of the Beholder: Tort Litigants' Evaluations of their Experiences in the Civil Justice System · Law & Society Review · 1990 · 92 citations
- The Effects of Racially Stereotypical Crimes on Juror Decision-Making and Information-Processing Strategies · Basic and Applied Social Psychology · 2003 · 91 citations
- Mock-juror belief of accurate and inaccurate eyewitnesses: A replication and extension. · Law and Human Behavior · 1989 · 84 citations
Most recent work
- The prosecutor's cut: Body‐worn camera evidence and criminal case dispositions · Criminology & Public Policy · 2026
- Sentence Variability in a Mathematical Sentencing Framework: A Statistical Analysis of Brazilian Court Data · Journal of Empirical Legal Studies · 2026
- Extralegal Factors in Evaluating Muslim Defendants: Impact of Juror’s Identity and Stereotypic Crime on Sentencing, Fairness, and Leniency · Routledge Open Research · 2026
- Expert Evidence in Criminal Law: Rethinking Reliability in England and Wales after the Lucy Letby Case · Northern Ireland Legal Quarterly · 2026
- Standard and simplified judicial instructions on alibis: the effects of confession and alibi evidence on believability · Psychiatry, Psychology and Law · 2026
- Judicial Interpretation and Witness Protection in India: A Critical Analysis of Legislative Gaps and Constitutional Imperatives · Zenodo (CERN European Organization for Nuclear Research) · 2026
- Prosecutorial power in probation: Discretion, violations, and the pathway to incarceration · Criminology & Public Policy · 2026
- The Role of Forensic Medicine and the Position of Visum et Repertum as Evidence in the Investigation of Persecution: A Case Study of the Kuningan Police Based on Law No. 1 of 2023 · Jurnal Legisci · 2026
- An Analysis of the Lexical and Contextual Meaning of Expert Witness Examination Part in Travis Reinking Murder Criminal Trial · Cerdika Jurnal Ilmiah Indonesia · 2026
- The Category of Impartiality in the Semantic Frames of Trial and Mediation · International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique · 2026
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