What Does it Mean to Deliberate? An Interpretative Account of Jurors’ Expressed Deliberative Rules and Premises

Communication Quarterly, Vol. 61, No. 2, Pp. 151-171

Posted: 21 Mar 2016

See all articles by John Gastil

John Gastil

Pennsylvania State University

Leah Sprain

University of Colorado at Boulder

Date Written: April 15, 2013

Abstract

To advance deliberative theory and practice, this study considers the experiences of trial jurors who engaged in deliberation. Conceptualized as a speech event, this article inductively explores the deliberative rules and premises articulated by jurors. Jurors believe deliberation should be rigorous and democratic, including speaking opportunities for all, open-minded consideration of different views, and respectful listening. Jurors actively consider information, but face-to-face deliberation is essential for thoroughly processing evidence. Although emotions should not influence the final verdict, participants report that emotions often reinforce deliberative norms. These results inform theory and deliberative experiences in and beyond the jury.

Keywords: deliberation, jury theory, jury deliberation, deliberation theory

Suggested Citation

Gastil, John and Sprain, Leah, What Does it Mean to Deliberate? An Interpretative Account of Jurors’ Expressed Deliberative Rules and Premises (April 15, 2013). Communication Quarterly, Vol. 61, No. 2, Pp. 151-171, Available at SSRN: https://ssrn.com/abstract=2752272

John Gastil (Contact Author)

Pennsylvania State University ( email )

University Park, PA 16802
United States

Leah Sprain

University of Colorado at Boulder ( email )

CO
United States

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