Psychological Tests and Forensic Assessment Instruments in the Courtroom 127have preconceived ideas or opinions about the case. The legal system permits some
exposure to cases through the media, yet attempts to find those jurors who may be
less biased than others in the pool. Consequently, the question of whether anyone
can receive a truly fair trial by an impartial jury remains unanswered.
Steps to reduce jury bias, such as voir dire, may have some benefit. They allow
for the exemption of jurors who are obviously biased or may show signs of being
biased. One of the problems with the voir dire process is that both the defense and
the prosecution are entitled to a certain number of dismissals. Consequently, any
juror who is presumed to be a detriment to one side's case will be dismissed by the
opposing counsel. A policy question arises when we address the voir dire process
and the role of the defense and prosecution in that process. If each is concerned
with finding jurors who favor, or who they presume will favor, their view, then
the final product (selection of jurors) is not truly representative. As noted earlier,
a judge may dismiss potential jurors at his or her own discretion. Yet if the judge
is presumably unbiased and the defense and prosecution are presumably biased, we
would be led to believe that the most unbiased final jury would be selected by the
judge alone.
Suggestions for Future Research
Additional research on the effects of pretnal publicity in influencing jury bias is
needed. The available research has shown some influence, yet the extent of that
influence remains somewhat speculative. If researchers in fields such as forensic
psychology are able to determine the type and extent of bias from pretrial publicity,
only then can steps be taken to ensure juror impartiality. Further, the voir dire
process leaves many questions unanswered. Its effectiveness is questionable, partic-
ularly when addressing extended voir dire. Certainly research in the psychology
of thought may provide some direction regarding this issue. Specifically, psychol-
ogy has addressed how biases introduce themselves, why they exist, and why some
individuals are able to look past bias-inducing experiences/thoughts while others
are not. This information, applied specifically to the legal system, could provide
direction for research and possibly a remedy for the issue at hand.PSYCHOLOGICAL TESTS AND FORENSIC
ASSESSMENT INSTRUMENTS IN THE
COURTROOM
Introduction
Psychological tests are an objective and standardized measure of a sample of behavior
(Anastasi & Urbina, 1.997). Typically, psychological tests attempt to shed light on an