LSTD 510 5-2 LITERATURE REVIEW

For this Owlisdom, LSTD 510 5-2 Literature Review assignment, you submit a literature review focusing on your completed research for the jury selection research paper. At least four scholarly, peer reviewed articles or government publications will be critically reviewed and your findings will be reviewed, organized and synthesized to determine the relevance to jury selection and the Sixth Amendment. This guide provides step by step instructions to help you structure and write your literature review.

Review this helpful APUS Literature Review guide. Then, review The Literature Review (APUS Library). This site also contains helpful information about the difference between an annotated bibliography and a literature review, as well as formatting tips. Additionally, read this APUS library response to the question (within that link are several other helpful sources/links): How do I write a literature review?

REVIEWING KEY RESOURCES

• APUS Literature Review Guide: Click on LSTD 510 5-2 Literature Review to read the APUS Literature Review guide and see how a literature review is structured and what components it should have.
• The Literature Review (APUS Library): Check this resource to learn to distinguish between literature review and an annotated bibliography. Tons of tips, and careful attention to the formatting.
• APUS Library Response: To learn more insights and tips in organizing your review and integrating sources into your paper, read the APUS library response on writing a literature review.

Your literature review should be well-organized and easy to follow. You MUST offer a critical review of at least four articles (scholarly, peer-reviewed articles, or government publications). Please cite in Bluebook format.

ORGANIZING AND WRITING THE LITERATURE REVIEW

• Organize Your Review: Your LSTD 510 5-2 Literature Review should flow logically. You have to begin with an introduction at which you present a brief description of the topic and the aim of the review.
• Critical Review of Articles: Find at least four scholarly articles or government publications on your topic. For each article, critically analyze and discuss briefly the findings and core of the article, methodologies, and significant contributions for the field of this article.
• Citation in Bluebook Format: Make sure that all citations are Bluebook citation style. This also includes in text citations and the bibliography at the end of your review.

Example

The literature review examines vital scholarly efforts that focus on a wide array of aspects surrounding jury selection, primarily formulated through the prism of constitutional law and many other aligned areas of research including psychology, technology and public policy. This review critically reviews the ways in which research and development in technology and in the psychological evaluation of the jury selection process serve to reshape traditional jury selection practices, as well as how policy reforms address or fail to address the existing failings. The overarching research question is whether these interventions, and any other such interventions, ultimately maintain compliance with the Sixth Amendment in providing each defendant with a fair and impartial trial. This investigation is essential to the understanding of whether the jury selection practices presently in use adequately protect the rights protected by the Constitution, and if not, how they might be changed to better serve the ideals of justice and equality.

Virtual Reality and Restorative Justice

It looks into how virtual reality (VR) can be employed to heighten the restorative justice process. First, it contends that VR can transform jurors’ comprehension and sympathy of parties involved in a case because of its ability to create immersive perspective taking. E. Bloch explains how VR has tremendous potential to be a bias mitigation tool in jury deliberations. Jurors are able to become so immersed in avatars that they can actually feel the hardship, experience the diverse and challenging experiences all of which affect human behavior and jurors can make more emotional and less biased verdicts. And it does so by potentially limiting unconscious biases that could inform the decisions of juries. VR has this potential to revolutionize jury trials by making it more equitable and jus when cognitive science used in giving definition to relevant laws.

Implicit Bias and Its Implications for Jury Selection and Antidiscrimination Policy

Implicit Association Tests are critiqued as being unreliable and mechanisms are laid out by which implicit bias arises in the real world, with examples including jury selection. The authors suggest that jurors’ decisions are significantly influence by biased interpretation and weighting of information about social groups. Insight is especially crucial for developing more target and efficient bias mitigation strategies in jury selection. Rather then attempting to change test scores, the legal system can correct discriminatory practices by focusing on the actual behaviors which are influenced by implicit biases. Yet the implications for jury selection are profound, suggesting a way to bring jury selection closer to theory and more to practice in its application of fairness.

Online Court Proceedings

Through this thesis, Gras examines the evolution of online court proceedings and their reach in access to justice. With digital platforms becoming the norm, narrowing the access and liquidity gap, the trials could itself become fairer and more efficient. But that shift is also leading to questions over whether virtual settings can keep trial processes in tact, such as jury selection. Online courts are not a cure all, argues Gras, but they can be a helpful way to supplement traditional courts, enhance public participation and trust in the judicial process. The adoption of virtual trials is especially germane to the Sixth Amendment since the standard of fair and impartiality of a jury trial must necessarily be preserved by means of adoption of virtual trials.

The Controversy Surrounding Peremptory Challenges

The contentious issue of peremptory challenges in jury selection is discussed by Jolly. He argues that they protect against two arguments that have been made for their abolition, contending that despite their (ab)use to discriminate it is protected constitutionally under the Sixth Amendment. Jolly argues that any reform must strike the right balance between the historical right to use peremptory challenges and the practical imperative to purge juries of racial and other other biases. His perspective is an important counter to abolitionist calls because he argues that in order to achieve justice, regulation is more viable than eradication.

Systemic Reforms and Racial Discrimination in Jury Trials

Lovell assesses recent jury trial rulings on racial justice issues and continually highlights the requirement of systemic reforms to address racial discrimination within jury selection. Nonetheless, Lovell argues that even at this level of legal progress, much remains to make jury trials free from racial bias as required by the Sixth Amendment. As a result, he proposes a complete strategy that includes legal mandates combined with additional improvements at a broader societal level to decrease the amount of racial prejudice in jury choice. It is a precious discussion that Lovell gives of continuing challenges and multiple solutions, including educational initiatives for legal professionals and public awareness campaigns regarding jury rights and responsibilities.

SYNTHESIS AND ANALYSIS

• Integrating Insights from Reviewed Articles: Integrate insights, after LSTD 510 5-2 Literature Review, critically analyze each article to complete the integration of insights into a cohesive narrative. Explain how these findings interact and ultimately what their combined implications are for the jury selection process.
• Addressing Constitutional Mandates: Consider ways in which the insights from the articles are in line with or contradict constitutional mandate, the Sixth Amendment, by mandating a fair and impartial trial. Identify any novel practices, or theories, able to improve the fairness, and efficiencies of jury selection.

Example

Through the reviewed literature we explored the jury selection process through technological advancements, psychological insights, and systemic reforms. Taken together, each piece helps us better understand how the various factors that inevitably intersect with constitutional mandates, such as those ensuring fairness and impartiality of juries, may interact with new developments in how we structure our system of justice to meet high standards for justice and fairness. Here, for example, Bloch’s virtual reality analysis contributes to the ability of jurors to empathize, and reduce bias, in ways consistent with constitutional mandates to ensure a fair judicial process. In a similar vein, Gawronski, Ledgerwood, and Eastwick, further explain how implicit bias of subconscious processes inform jury decision making. These lessons emphasize the need for practical interventions that surpass simple theoretical analysis, and that psychological research be more sufficiently integrated into the processes of jury selection.

Further, Gras’ analysis of digitalized virtual court proceedings concern the logistical and ethical consequences of online court. He talks about how such breakthroughs could make the justice system more available and convenient, however, they’re something that demands carefully weighing so that jury trials are upheld. Jolly’s constitutional case for keeping the traditional peremptory challenges, but remaking them to get rid of the bias, serves as an argument against the abolition of peremptory challenges.

Lastly, Lovell frames his demand for systemic reform in terms centered on legal changes, but also sweeping changes in society to reform racism. ‘The point of it all is not just legal tinkering, but fixing the deep seated problems in society that lead to inequitable and unjust jury selection and fairness,’ he said. Together, these articles propose a holistic approach to jury selection reform that entails accepting new technological tools; employing new psychological insights; and arguing for all encompassing legal and social reform. As the following documents, the structure of its synthesis points to the complexity associated with coordinating jury selection protocols with ever changing spaces of societal values and technological capabilities, intricately highlighting the sustained challenge of managing fairness and integrity within the judicial system.

CONCLUSION

• Summarize Key Points: Summarize the main findings and the significance of your main findings in concluding your LSTD 510 5-2 Literature Review. Think about how the literature reviewed above advances your understanding of one or more aspects of the jury selection process while at the same time considering whether the process protects the constitutional rights of potential jurors.

• Future Directions: Future research or potential reforms are suggested in the gaps or challenges that are identified in the literature. Discuss the concept of continuing investigation and continual improvement of that process to achieve fairness and integrity in the jury selection process.

Example

An analysis of the insights taken from these scholarly articles in relation to the overall Sixth Amendment landscape yields a complicated landscape in which the legal norm around jury selection is the product of factors ranging from technology and psychology to policy and the constitution. As legal professionals and policymakers continue to navigate these intersections, the primary goal remains clear: to guarantee that all individuals will have their right of constitution to a fair and impartial trial. Collectively, though, the articles make a case for progressive, but measured changes to jury selection procedures that would further fairness, reduce bias and ensure that the public has faith in the judicial system. What is presented in the literature review is not just a culmination of what research is being done now, but also helps highlight gaps in research that still need to be filled in order to continue the process of improving the jury selection process in light of evolving societal and technological environments.

CLOSING

If you follow these LSTD 510 5 2 Literature Review guidelines, it’s possible for you to organize and write your literature review effectively such that you critically evaluate scholarly contributions to the jury selection process within the context of the Sixth Amendment principles.As we continue in LSTD 510 6-1 CASE BRIEF AND COMMENT ANALYSIS in the next module

REFERENCES

1. E. Bloch, Virtual Reality: Prospective Catalyst for Restorative Justice, 58 Am. Crim. L. Rev. 285 (2021).
2. Gawronski, A. Ledgerwood & P. W. Eastwick, Implicit Bias, and Antidiscrimination Policy, 7 Policy Insights from the Behavioral and Brain Scis. 99 (2020).
3. O. Gras, Online Courts: Bridging the Gap Between Access and Justice, 10 UCLJLJ 24 (2021).
4. L. Jolly, The Constitutional Right to Peremptory Challenges in Jury Selection, 77 Vanderbilt L. Rev. (forthcoming 2024), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4743424.
5. E. Lovell, “A Fair and Impartial Trial Free from Racial Discrimination Will Require an across-the-Board Approach”: Systemic Reforms Still Needed in Light of the “Other” Racial Justice Jury Trial Rulings in State v. Veal & State v. Williams, 71 Drake L. Rev. Discourse 101 (2021).