Scottish jury research: findings from a mock jury study
The study is the first mock jury research to consider the unique nature of the Scottish jury system with 15 jurors, three verdicts and a simple majority.
Annex E - Questionnaires
The questionnaires shown here are 'Version A', which was given to all 2-verdict juries (those who could choose either a guilty or not guilty verdict). An adapted version (version B) was given to 3-verdict juries (those who could return a guilty, not guilty or not proven verdict). However, as the wording is almost identical (other than the addition of an extra verdict option at relevant questions), we have not included this in the report. Similarly, we have also included 'Version C', which was given to 'spare' jurors (who did not go on to deliberate) in 2-verdict juries. An equivalent 'Version D' (not shown here) was given to 'spare' jurors in 3-verdict juries.
Scottish Juries Research
Pre-Deliberation Questionnaire Version A
Date of Jury:
Jury Reference Letter:
Juror Id Number:
Serial Number:
Please complete this questionnaire without discussing your responses with anyone else, and hand it to the researcher when complete.
How to complete the questionnaire
- Please read each question carefully.
- Answer all 4 questions.
- Two questions ask you to tick the box which comes closest to your views. Two questions ask you to write your answer in a box. Please try to write as clearly as possible.
- If you have any questions, please ask the researcher.
Q1 Based on the evidence you have just seen, what do you think the verdict should be? If you are not sure, please say which verdict you would choose if you had to pick one now.
Please tick one box only
Guilty
Not guilty
Q2 Please could you briefly explain why you would choose that verdict?
Please write in below
Q3 How confident are you that your verdict is the right one?
Please tick one box only
Very confident
Fairly confident
Not very confident
Not at all confident
Q4 Why do you feel that way? Please briefly explain your level of confidence in your verdict.
Please write in below
Please check that you have answered all four questions then hand the questionnaire to the researcher.
Scottish Juries Research
Post-Deliberation Questionnaire Version A
Date Of Jury:
Jury Reference Letter:
Juror Id Number:
Serial Number:
Please complete this questionnaire without discussing your responses with anyone else, and hand it to the researcher when complete.
How to complete the questionnaire
- Please read each question carefully.
- Answer all questions unless instructed otherwise.
- Most questions ask you to tick the box which comes closest to your views. A few questions ask you to write your answer in a box. Please try to write as clearly as possible.
- Some questions are presented in a 'grid'. For these questions, please tick one answer on each row.
- If you have any questions, please ask the researcher.
Section 1: Your view on the right verdict
Q1 By the end of your jury discussion, what did you personally think the verdict should be? If you were not sure, please say which verdict you would have chosen if you had to pick one.
Please tick one box only
Guilty
Not guilty
Q2 Please could you briefly explain why you thought that was the right verdict?
Please write in below
Q3 Before you discussed the trial with the other jury members, you filled in a questionnaire that asked what you thought the verdict should be.
Do you still agree with the verdict you chose on that first questionnaire, or had you changed your mind by the end of the discussion?
Please tick one box only
Yes, still agree with the verdict I chose on first questionnaire go to Q5
No, changed my mind by the end of the discussion go to Q4
Can't remember what verdict I chose on the first questionnaire go to Q5
Q4 Why did you change your mind?
Please write in below
Section 2: The verdict your jury reached as a group
Everyone should answer Q5
Q5 Now, we are going to ask about the verdict reached by your jury as a group.
In the end, was your jury able to reach a verdict? (This might have been a verdict that most, but not all, of you agreed on).
Please tick one box only
Yes go to Q6
No go to Q8
Answer Q6 if you said yes at Q5, your jury did reach a verdict in the end.
If your jury was not able to reach a verdict, please skip to Q8
Q6a What verdict did your jury reach as a group?
Please tick one box only
Guilty
Not guilty
Q6b Please write in the reasons you think your jury had for reaching that verdict.
Please write in below
Q7 How confident are you that the verdict your jury reached is the right one?
Please tick one box only
Very confident
Fairly confident
Not very confident
Not at all confident
Q8 Thinking about your experience of discussing the trial with other jury members, how much would you agree or disagree with each of the following statements?
On each row, please tick one box only
| Strongly agree | Agree | Neither agree nor disagree | Disagree | Strongly disagree | Not sure | ||
|---|---|---|---|---|---|---|---|
| a) | I felt comfortable saying what I thought in front of other jury members | ||||||
| b) | I felt that some members of the jury talked too much | ||||||
| c) | I felt I was able to say as much as I wanted | ||||||
| d) | I often stayed silent when I had things I wanted to say | ||||||
| e) | I felt fully involved in the decision that the jury reached | ||||||
| f) | I felt I was a useful member of the jury |
Q9 If you felt that you were not able to take part in the discussion with other jury members as much as you would have liked, please say briefly why you felt this was the case.
Please write in below
Everyone should answer all of the remaining questions in this questionnaire
Q10 On a scale of 1 to 7, where 1 is 'No influence' and 7 is 'A great deal of influence', how much influence do you feel that you, personally, had on the verdict of the jury?
Please tick one box only
1 (No influence)
2
3
4
5
6
7 (A great deal of influence)
Don't know
Q11 Overall, how satisfied or dissatisfied were you with the experience of being a juror today?
Please tick one box only
Very satisfied
Fairly satisfied
Neither satisfied nor dissatisfied
Fairly dissatisfied
Very dissatisfied
Don't know
Q12 In a real Scottish Criminal Court, juries are asked to choose between 3 verdicts - guilty, not guilty and not proven.
On a scale of 1 to 7, where 1 is 'I do not understand the not proven verdict at all' and 7 is 'I fully understand the not proven verdict', how would you rate your understanding of the not proven verdict?
Please tick one box only
1 (I do not understand the not proven verdict at all)
2
3
4
5
6
7 (I fully understand the not proven verdict)
Q13 Please say whether you think each of these statements is definitely true, probably true, probably not true, or definitely not true.
On each row, please tick one box
| Definitely true | Probably true | Probably not true | Definitely not true | Don't know | ||
|---|---|---|---|---|---|---|
| a) | A not proven verdict means that the accused can be tried again for the same crime | |||||
| b) | If the verdict is not proven, the accused still gets a criminal record | |||||
| c) | A not proven verdict should be used when the jurors need to compromise to decide on a verdict |
Q14 And please say whether you think each of these statements is definitely true, probably true, probably not true, or definitely not true.
On each row, please tick one box
| Definitely true | Probably true | Probably not true | Definitely not true | Don't know | ||
|---|---|---|---|---|---|---|
| a) | A not guilty verdict means that the accused can be tried again for the same crime | |||||
| b) | If the verdict is not guilty, the accused still gets a criminal record | |||||
| c) | A not guilty verdict should be used when the jurors need to compromise to decide on a verdict |
Q15 What should a jury do if they think the accused is guilty, but do not think the evidence proves it beyond reasonable doubt?
Please tick one box only
They should return a verdict of guilty
They should return a verdict of not guilty
They should return a verdict of not proven
They should return either a verdict of not guilty or not proven - it does not matter which of these two verdicts they choose
Don't know
Section 3: About you
Finally, a few questions about you.
Q16 How would you describe your gender identity?
Please tick one box only
Man
Woman
In another way (if you would like to, please tell us what other words you use to describe your gender identity) (please tick the box and write in below)
Q17 What is your age?
Please tick one box only
18-24
25-34
35-44
45-54
55-64
65+
Prefer not to say
Q18 Which of the following best describes your employment status?
Please tick one box only
Employed full time
Employed part time
In full-time education
Retired
Looking after the home / full time carer
Unable to work due to disability
Unemployed
Prefer not to say
Q19 Which of the following is the highest educational or professional qualification you have obtained?
Please tick one box only
No formal qualifications
SVQ 1-2 or equivalent
Standard grade, 'O' grade, GCSE or equivalent
Higher grade, A-levels, SVQ level 3 or equivalent
HND, HNC, RSA Higher diploma, SVQ level 4 or equivalent
Degree, PhD, SVQ level 5 or equivalent
Other qualification (please tick the box and write in below)
Unsure
Prefer not to say
Please take a minute to check you have answered all the questions that you should have answered then hand the questionnaire to the researcher.
Scottish Juries Research
Pre-Deliberation Questionnaire Version C
Date of Jury:
Jury Reference Letter:
Juror Id Number:
Serial Number:
Please complete this questionnaire without discussing your responses with anyone else, and hand it to the researcher when complete.
How to complete the questionnaire
- Please read each question carefully.
- Answer all questions unless instructed otherwise.
- Most questions ask you to tick the box which comes closest to your views. A few questions ask you to write your answer in a box. Please try to write as clearly as possible.
- Some questions are presented in a 'grid'. For these questions, please tick one answer on each row.
- If you have any questions, please ask the researcher.
Section 1: Your view on the right verdict
Q1 Based on the evidence you have just seen, what do you think the verdict should be? If you are not sure, please say which verdict you would choose if you had to pick one now.
Please tick one box only
Guilty
Not guilty
Q2 Please could you briefly explain why you would choose that verdict?
Please write in below
Q3 How confident are you that your verdict is the right one?
Please tick one box only
Very confident
Fairly confident
Not very confident
Not at all confident
Q4 Why do you feel that way? Please briefly explain your level of confidence in your verdict.
Please write in below
Q5 In a real Scottish Criminal Court, juries are asked to choose between 3 verdicts - guilty, not guilty and not proven.
On a scale of 1 to 7, where 1 is 'I do not understand the not proven verdict at all' and 7 is 'I fully understand the not proven verdict', how would you rate your understanding of the not proven verdict?
Please tick one box only
1 (I do not understand the not proven verdict at all)
2
3
4
5
6
7 (I fully understand the not proven verdict)
Q6 Please say whether you think each of these statements is definitely true, probably true, probably not true, or definitely not true.
On each row, please tick one box
| Definitely true | Probably true | Probably not true | Definitely not true | Don't know | ||
|---|---|---|---|---|---|---|
| a) | A not proven verdict means that the accused can be tried again for the same crime | |||||
| b) | If the verdict is not proven, the accused still gets a criminal record | |||||
| c) | A not proven verdict should be used when the jurors need to compromise to decide on a verdict |
Q7 And please say whether you think each of these statements is definitely true, probably true, probably not true, or definitely not true.
On each row, please tick one box
| Definitely true | Probably true | Probably not true | Definitely not true | Don't know | ||
|---|---|---|---|---|---|---|
| a) | A not guilty verdict means that the accused can be tried again for the same crime | |||||
| b) | If the verdict is not guilty, the accused still gets a criminal record | |||||
| c) | A not guilty verdict should be used when the jurors need to compromise to decide on a verdict |
Q8 What should a jury do if they think the accused is guilty, but do not think the evidence proves it beyond reasonable doubt?
Please tick one box only
They should return a verdict of guilty
They should return a verdict of not guilty
They should return a verdict of not proven
They should return either a verdict of not guilty or not proven - it does not matter which of these two verdicts they choose
Don't know
Section 2: About you
Finally, a few questions about you.
Q9 How would you describe your gender identity?
Please tick one box only
Man
Woman
In another way (if you would like to, please tell us what other words you use to describe your gender identity) (please tick the box and write in below)
Q10 What is your age?
Please tick one box only
18-24
25-34
35-44
45-54
55-64
65+
Prefer not to say
Q11 Which of the following best describes your employment status?
Please tick one box only
Employed full time
Employed part time
In full-time education
Retired
Looking after the home / full time carer
Unable to work due to disability
Unemployed
Prefer not to say
Q12 Which of the following is the highest educational or professional qualification you have obtained?
Please tick one box only
No formal qualifications
SVQ 1-2 or equivalent
Standard grade, 'O' grade, GCSE or equivalent
Higher grade, A-levels, SVQ level 3 or equivalent
HND, HNC, RSA Higher diploma, SVQ level 4 or equivalent
Degree, PhD, SVQ level 5 or equivalent
Other qualification (please tick the box and write in below)
Unsure
Prefer not to say
Please take a minute to check you have answered all the questions that you should have answered then hand the questionnaire to the researcher.
Contact
Email: catherine.bisset@gov.scot
There is a problem
Thanks for your feedback