Graduate Studies

 

First Advisor

Eve M. Brank

Degree Name

Doctor of Philosophy (Ph.D.)

Committee Members

Brian Bornstein, Kristen Blankley, Mike Dodd

Department

Psychology

Date of this Version

2-2025

Document Type

Dissertation

Citation

A dissertation presented to the faculty of the Graduate College at the University of Nebraska in partial fulfillment of requirements for the degree of Doctor of Philosophy

Major: Psychology

Under the supervision of Professor Eve M. Btank

Lincoln, Nebraska, February 2025

Comments

Copyright 2025, Josh Haby. Used by permission

Abstract

Voir dire, sometimes referred to as jury selection, is the legal process the court uses to pursue an impartial jury. The presiding judge controls many aspects of how voir dire proceeds. In deciding voir dire variations, the judge presumably engages in a calculus weighing factors like the goal of voir dire, time, and specific trial needs to determine appropriate procedures. Certain procedures are considered expansive and others limited. Where expansive procedures provide more information from jurors, they may take longer; limited procedures may be more expeditious but limit access to information from jurors (Hans and Jehle, 2003; Mize, Hannaford-Agor, and Waters, 2007).

To date, limited research has examined the effect of expansive or limited voir dire procedures on juror responses, with no known examinations of juror disclosures within actual voir dire. The lack of empirical data on voir dire variations and disclosure limits researchers and perhaps the presiding judge’s focus to known factors influenced by voir dire variations like time (Mize et al., 2007). My dissertation focuses on this gap in the literature, using novel procedures that examine the impact of voir dire variations on juror disclosure.

Both studies serve as first steps to understanding the relationship between voir dire variations and juror disclosure. Study 1 focuses on the presence and potential effect of voir dire variations by examining prospective juror responses using transcripts from five trials. Study 2 employs an online voir dire paradigm to examine the effects of other jurors (voir dire method), juror questionnaire administration, and participants’ views of voir dire questions on participant disclosures.

Findings across both studies provide some support for the theorized effects of expansive and limited voir dire techniques on juror disclosures and suggest jurors’ negative perceptions of questions may inhibit disclosures and positive perceptions may encourage disclosures. However, not all expansive and limited techniques aligned with the theorized effects and some did not replicate across studies, indicating a need for additional research to identify under what conditions certain techniques affect juror disclosure. Such information would aid judges determining when to implement certain voir dire techniques.

Advisor: Eve M. Brank

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