Journal articles on the topic 'Jurors'
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1
Hubbell, Larry. "Not Quite Civil." Public Voices 6, no. 2-3 (January 11, 2017): 106. http://dx.doi.org/10.22140/pv.268.
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This fictional piece draws on the author's experience as a juror and the experience of other colleagues who have served as jurors. Although this story is fairly critical of the jury process, this is not to imply that all jury processes are flawed. However, as a teacher and student of organizational behavior and an OD practitioner, the author is particularly conscious of group dynamics. In the juries that he has participated in and interviewed other colleagues about, it became clear that some jurors' decisions were influenced by pathologies that these jurors brought with them into the courtroom.
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Hollands, Charlotte. "The virtual jury is out: How do mental health beliefs affect deliberations and verdicts." BPS Branch Awards 1, no. 1 (June 2023): 11–14. http://dx.doi.org/10.53841/bpsba.2023.1.1.11.
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Previous research has indicated jurors’ stereotypic beliefs about mental health (MH) can impact their decision-making. However, such studies usually focus on the individual juror and MH case content in isolation and overlook how beliefs affect discussion in a complex legal case. Therefore, the current project investigated beliefs about MH within the context of a virtual trial with online group juries, to gain further insight into how individual beliefs integrate into group conversations around MH within the deliberation room. We did not identify any direct relationship between beliefs and verdict decisions (since most jurors agreed on a not guilty verdict), jurors’ perceived persuasiveness varied significantly within groups. Additionally, thematic analysis of jury discussions identified how jurors showed knowledge of MH and in discussion, they rejected myths surrounding its link to violence and crime. Instead, jurors showed a focus on how MH increases vulnerability to experiencing miscarriages of justice.
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Farrell, Amy, Liana Pennington, and Shea Cronin. "Juror Perceptions of the Legitimacy of Legal Authorities and Decision Making in Criminal Cases." Law & Social Inquiry 38, no. 04 (2013): 773–802. http://dx.doi.org/10.1111/j.1747-4469.2012.01323.x.
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Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.
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Lyons, Arthur W., and Joanne Regina. "Mock Jurors' Behavior as a Function of Sex and Exposure to an Educational Videotape about Jury Duty." Psychological Reports 58, no. 2 (April 1986): 599–604. http://dx.doi.org/10.2466/pr0.1986.58.2.599.
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An experiment was designed to assess the influence of viewing a tape intended to educate mock jurors to jury duty and the jury process and sex of juror on juror verdicts and sentencing in a rape case scenario. The subjects were 35 male and 51 female college undergraduates of a traditional college age. The educational tape significantly influenced jurors' verdict and sentencing. Jurors exposed to the tape assigned a guilty verdict significantly less often than those in the control group. Of those jurors who assigned a verdict of guilty after exposure to the tape, they also imposed a significantly longer sentence than did the control subjects who assigned a verdict of guilty. Female jurors also assigned the guilty verdict significantly more often than did the male jurors. The implications and limitations of these findings as well as suggestions for further research were discussed.
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Smirnova, Irina G., Gennady G. Nebratenko, and Marina I. Kazarina. "How to ensure witness immunity for jurors in appellate proceedings?" Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 47 (2023): 82–91. http://dx.doi.org/10.17223/22253513/47/6.
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Criminal procedural form is understood by scientists as the conditions, sequence of procedural actions and procedural decisions, rules of investigation, procedural activities of the subjects of investigation, rituals of criminal proceedings. It creates a strict and detailed legal regime for criminal proceedings. In this regard, the legal position of the Constitutional Court of the Russian Federation, set out in its judgment of 07 July 2020 No. 33-P, is of interest. The Constitutional Court of the Russian Federation has proposed new constructions (forms) of juror's communication with the court: For the court of appeal it is envisaged to invite a juror to the court session to receive from him/her information on alleged violations of the criminal procedure law during the discussion and pronouncement of the verdict. The Constitutional Court of the Russian Federation emphasised that such an invitation is only possible without giving the summoned person the procedural status of a witness. An analysis of a number of appellate determinations on this group of issues showed the emergence of new forms: 1. Hearing the explanations of the senior jurors. 2. Receiving written explanations from the senior jurors. 3. Conducting the verification by the Court of Appeal by questioning the alternate jurors. 4. Obtaining an opinion on the results of the performance review. 5. Verification of information from the explanations of the jurors received by the lawyer, inviting the jurors and providing them with information. It should be also noted that the configuration envisaged by the said decree "does not fit" into the criminal procedure form in several other aspects. As mentioned above, a juror is not granted the procedural status of a witness. However, the issue of reluctance of a juror to appear in court to give any explanations and the impossibility to bring him/her is still open. The question arises as to how long the juror's status remains after the verdict is announced and when this civic duty should be considered fulfilled. However, based on the understanding of the criminal procedure form as the totality of such inherent elements as its objectives, principles and functions, it may be stated that a jury does not fulfil the function of justice any longer. Consequently, the impossibility to attribute to them the function of witnesses is not that clear-cut. The procedure of obtaining and the final status of information obtained from jurors is also questionable. The court practice referred to such information as explanations, possible explanations and questioning. Thus, Decision No. 33-P has not only failed to resolve the problem of establishing the circumstances related to violation of the criminal procedure law in the court of appeal through jury trial but has also raised questions as to the criminal procedure form of such involvement.
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Cornwell, Erin York, and Valerie P. Hans. "Representation through Participation: A Multilevel Analysis of Jury Deliberations." Law & Society Review 45, no. 3 (September 2011): 667–98. http://dx.doi.org/10.1111/j.1540-5893.2011.00447.x.
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Fully participatory jury deliberations figure prominently in the idealized view of the American jury system, where balanced participation among diverse jurors leads to more accurate fact‐finding and instills public confidence in the legal system. However, research more than 50 years ago indicated that jury‐room interactions are shaped by social status, with upper‐class men participating more than their lower‐class and female counterparts. The effects of social status on juror participation have been examined only sporadically since then, and rarely with actual jurors. We utilize data from 2,189 criminal jurors serving on 302 juries in four jurisdictions to consider whether—and in what conditions—participation in jury deliberations differs across social groups. Our results indicate the continuing importance of social status in structuring jury‐room interactions, but also reveal some surprising patterns with respect to race and gender that depart from earlier research. We also find that contextual factors including location, case characteristics, and faction size shape the relationship between social status and participation. We conclude with a critical discussion of our results and urge other researchers to take into account contextual factors when examining how individual juror characteristics shape what happens inside the jury room.
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Pozzulo, Joanna D., Julie Dempsey, Evelyn Maeder, and Laura Allen. "The Effects of Victim Gender, Defendant Gender, and Defendant Age on Juror Decision Making." Criminal Justice and Behavior 37, no. 1 (December 21, 2009): 47–63. http://dx.doi.org/10.1177/0093854809344173.
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Mock jurors provided credibility ratings for a victim (12 years old) and defendant when victim gender, defendant gender, and defendant age (15 vs. 40 years old) were manipulated. Verdicts and sentence recommendations also were assessed. Higher guilt ratings were found for a male versus female defendant. Juror gender was examined as a covariate in the analyses. Female jurors rated the victim higher on accuracy, truthfulness, and believability than male jurors. Male jurors rated the defendant higher on reliability, credibility, truthfulness, and believability than female jurors. Male jurors perceived the victim to desire and cause the crime to a greater extent than female jurors. Mock jurors rated the victim as more responsible for the crime with an older versus younger defendant. Female jurors ascribed higher responsibility to the defendant compared to male jurors. The younger versus older defendant was perceived to have desired the event but only when the victim was female versus male.
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Владыкина, Татьяна, and Tatyana Vladykina. "Issues of Formation of Jury Panel." Journal of Russian Law 2, no. 5 (April 16, 2014): 84–94. http://dx.doi.org/10.12737/3465.
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One of the fundamental problems of the effectiveness of criminal proceedings with jurors’ participation is the problem of the College of jurors’ formation. It is important to note that the unsolved this problem cannot provide the effectiveness of criminal proceedings with participation of jurors. The objective of this study is to establish the essential normative content of the mechanism of jury’s formation. Besides it deals with define the trends of its development and improvement. It must be admitted, that the application of the dialectical method of objective reality’s scientific cognition let to consider the stages of formation of the jury. Moreover, it was done fully, in correlation with other phenomena of social life and in according to its legal registration. This fact is connected with the distinction between the concepts of «preparing the preliminary list of jurors», «formation of the jury», «the preparatory part of the court trial». The analyzing date of the criminal procedure act recusals of jurors’ norms and its implementation in the judicial practice has allowed to conclude that the personal qualities of the speaker play an important role in the process of realization the citizens’ right of the Russian Federation to participate in the administration of justice. It is important to keep in mind that consideration these qualities could help to overcome a discussion about the correlation of rights, obligations and civil juror’s duties. The author used various methods of analysis to express and argue a number of his own positions, which reveal the «internal» technology of the court’s activities and of the parties to criminal proceedings for the resolution such a point as the allotment of jurors. The author worked on the basis of systematization of special literature in such a question as grounds and procedure of motivated and unmotivated branches of the jury’s applications. Moreover, he emphasized a significant contribution in the resolution of this question by the Supreme Court of the Russian Federation.
9
Warren, Joshua, and Deanna Kuhn. "How do jurors argue with one another?" Judgment and Decision Making 5, no. 1 (February 2010): 64–71. http://dx.doi.org/10.1017/s1930297500002047.
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AbstractWe asked jurors awaiting trial assignment to listen to a recorded synopsis of an authentic criminal trial and to make a choice among 4 verdict possibilities. Each participant juror then deliberated with another juror whose verdict choice differed, as a microcosm of a full jury’s deliberation. Analysis of the transcripts of these deliberations revealed both characteristics general to the sample and characteristics for which variation appeared across participants. Findings were interpreted in terms of a model of juror reasoning as entailing theory-evidence coordination. More frequently than challenging the other’s statements, we found, a juror agreed with and added to or elaborated them. Epistemological stance — whether knowledge was regarded as absolute and certain or subject to interpretation — predicted several characteristics of discourse. Absolutists were less likely to make reference to the verdict criteria in their discourse. Those who did so, as well as those who made frequent reference to the evidence, were more likely to persuade their discourse partners.
10
Taylor, Nick, and Judge Roderick Denyer. "Judicial Management of Juror Impropriety." Journal of Criminal Law 78, no. 1 (February 2014): 43–64. http://dx.doi.org/10.1350/jcla.2014.78.1.891.
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The debate surrounding the utility of trial by jury is as relevant as ever. Much criticism of the ability of jurors to carry out their task was brought to the fore following the highly publicised Pryce trial and the comments from Sweeney J indicating a fundamental problem in jurors' understanding of their role. Furthermore, media attention surrounding a steady stream of cases involving juror misconduct has called into question whether jury trial can survive in its current form. This article recognises that although juries are not a normative part of a fair trial, they do have considerable value in enhancing public confidence in the fairness of the criminal process, particularly through the perception of impartiality. If public support is lost, then the value of jury might be lost with it. Whilst the Law Commission is rightly considering how jurors might be more prepared in advance to carry out their role effectively, this article considers the current judicial approach to dealing with the practical issue of juror impropriety once it has occurred. Through looking at a series of trial and appeal cases it can be seen that a framework has developed which seeks to ensure that trials are derailed rarely whilst the impartiality of the jury is safeguarded. It is maintained that in emphasising both actual and apparent impartiality the vital element of public confidence in the existing process can be preserved.
11
Crosby, Kevin. "Restricting the Juror Franchise in 1920s England and Wales." Law and History Review 37, no. 1 (February 2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.
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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the Juries Act 1825–of towns which “possessed” their own assizes summoning jurors according to custom, rather than statute. In practice, this meant that the ten “assize boroughs” had not always observed the property qualifications when summoning their jurors. The judiciary eventually prevailed over the Home Office and a series of local officials, ending the assize boroughs' ability to ignore the property qualifications (which kept a disproportionate number of women off the jury). This reform brought its own problems, however, and brought into focus the expense involved in following the burdensome rules for identifying jurors as set out in the 1825 Act. The solution–basing juror qualification on electoral registration–excluded from jury service conscientious objectors, foreigners, and women who satisfied the property qualification rules but lived elsewhere with a male relative.
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Curley, Lee J., Rory MacLean, Jennifer Murray, Phyllis Laybourn, and David Brown. "The bastard verdict and its influence on jurors." Medicine, Science and the Law 59, no. 1 (December 1, 2018): 26–35. http://dx.doi.org/10.1177/0025802418811740.
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The Scottish legal system is a unique jurisdiction, as jurors are able to give not proven verdicts in addition to the well-known Anglo-American verdicts (guilty and not guilty). The not proven verdict has never been legally defined, meaning that currently legal practitioners can only estimate why a not proven verdict has been given. The main aim of this study was to investigate if jurors violate the regularity principle, which is commonly incorporated in many rational choice models, by testing if the introduction of the not proven verdict has an impact on the outcomes given by jurors. In addition, this study aimed to test if the introduction of the not proven verdict has an impact upon how the not guilty verdict is perceived by jurors. In this study, 128 participants listened to two vignettes centred on homicide trials. Jurors could give one of two verdicts in one of the vignettes and one of three verdicts in the other vignette. The vignettes were counterbalanced in regard to how many verdicts could be given at the end of them. It was found that jurors in a three-verdict system were less likely to give a not guilty verdict in comparison to jurors in a two-verdict system, showing that jurors violate the regularity principle and that the not proven verdict may change how the not guilty verdict is perceived. The findings of this research have implications in relation to juror communication, article 6 of the European Convention of Human Rights and juror rationality.
13
Frank, James, and Brandon K. Applegate. "Assessing Juror Understanding of Capital-Sentencing Instructions." Crime & Delinquency 44, no. 3 (July 1998): 412–33. http://dx.doi.org/10.1177/0011128798044003005.
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Although recent research has suggested that juror understanding of sentencing instructions in capital cases is limited, jurors in most states retain responsibility for determining whether a defendant receives the death penalty. Using data collected from 258 individuals who were called for jury duty in a midwestern city, the present study demonstrates that (1) jurors' comprehension of sentencing instructions is limited, (2) the particular areas of misunderstanding tend to place the defendant at a disadvantage, (3) juror understanding can be improved by rewriting state death penalty pattern instructions, and (4) comprehension levels also may be increased by providing jurors with a written copy of the instructions. Unfortunately, the effects that this research may have on legal policy are unclear.
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Simancheva, Lyudmila V., and Khristina A. Kalandarishvili. "The Legal Status of Jurors in the Administration of Justice in Criminal Cases." Rossijskoe pravosudie, no. 1 (December 15, 2022): 104–12. http://dx.doi.org/10.37399/issn2072-909x.2023.1.104-112.
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The article provides an overview of modern Russian legislation regulating the legal status of a juror. The comparative analysis of normative acts regulating the activities of judges and jurors allows us to conclude that there are inconsistent legal norms that significantly complicate modern law enforcement practice. A number of problems related to the procedural regulation of the procedure for the formation of a legal panel of jurors have been identified, namely: dual citizenship of a candidate for jurors; the procedure for identifying circumstances that prevent a citizen from participating in a criminal case; the age of a juror, etc. In addition, the article presents judicial practice in criminal cases considered in 2018–2020 by the Irkutsk Regional Court and district (city) courts of the Irkutsk region with the participation of jurors, confirming the need to edit and amend certain provisions of the federal law “On jurors of Federal courts of general jurisdiction in the Russian Federation”. New versions of these provisions of the law have been proposed. Examples of restrictions for candidates for jurors and people’s assessors (sheffen) in the legislation of other countries (the Kingdom of Spain, the Republic of Austria, Georgia), such as age, profession, official position, education, are given. At the same time, attention is drawn to the fact that for foreign practice, these circumstances are a direct ban on participation in the process, and not the basis for unconditional recusal. It is concluded that bringing the norms regulating the position of jurors to uniformity will eliminate the discrepancy between the law by law enforcers, facilitate the work of the courts on the formation of the collegium and, in general, will contribute to increasing the authority of jurors and the judiciary.
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Alpern, Steve, and Bo Chen. "Optimizing voting order on sequential juries: a median voter theorem and beyond." Social Choice and Welfare 58, no. 3 (October 19, 2021): 527–65. http://dx.doi.org/10.1007/s00355-021-01370-7.
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AbstractWe consider an odd-sized “jury”, which votes sequentially between two equiprobable states of Nature (say A and B, or Innocent and Guilty), with the majority opinion determining the verdict. Jurors have private information in the form of a signal in $$[-1,+1]$$ [ - 1 , + 1 ] , with higher signals indicating A more likely. Each juror has an ability in [0, 1], which is proportional to the probability of A given a positive signal, an analog of Condorcet’s p for binary signals. We assume that jurors vote honestly for the alternative they view more likely, given their signal and prior voting, because they are experts who want to enhance their reputation (after their vote and actual state of Nature is revealed). For a fixed set of jury abilities, the reliability of the verdict depends on the voting order. For a jury of size three, the optimal ordering is always as follows: middle ability first, then highest ability, then lowest. For sufficiently heterogeneous juries, sequential voting is more reliable than simultaneous voting and is in fact optimal (allowing for non-honest voting). When average ability is fixed, verdict reliability is increasing in heterogeneity. For medium-sized juries, we find through simulation that the median ability juror should still vote first and the remaining ones should have increasing and then decreasing abilities.
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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Measuring jurors’ views on sentencing: Results from the second Australian jury sentencing study." Punishment & Society 19, no. 2 (August 1, 2016): 180–202. http://dx.doi.org/10.1177/1462474516660697.
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This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.
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Manzo, John F. "“You Wouldn't Take a Seven-Year-Old and Ask Him All These Questions”: Jurors' Use of Practical Reasoning in Supporting Their Arguments." Law & Social Inquiry 19, no. 03 (1994): 639–63. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00776.x.
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In ordinary conversation, speakers are often called on to defend their assertions. In talk that takes place in institutional settings, speakers must often account for their claims as well. This study concerns the methods of argumentative support employed by participants in a particular institutional setting: jury deliberations. Micro-interactional analysis of transcripts of two actual deliberations—using the theore tical and methodological perspectives of ethnomethodology and conversation analysis-reveals that when jurors present defenses or accounts of their positions, they often reference mundane experience and practical reasoning. Jurors do not, then, merely weigh strictly “legal” considerations. Three of the jurors' discursive methods are scrutinized: Normative assertions, claims of expertise, and declarations of knowledge. These techniques serve not only to establish “evidence” in support of a juror's position but also to deflect other jurors' disagreement
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Boudreau, Cheryl. "Jurors are competent cue-takers: how institutions substitute for legal sophistication." International Journal of Law in Context 2, no. 3 (September 2006): 293–304. http://dx.doi.org/10.1017/s1744552306003065.
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What conditions are necessary for juries to work effectively? Legal scholars and social scientists have debated this question, and research in psychology and law demonstrates that jurors are easily confused by scientific evidence and readily swayed by the slick framing of argument. Rather than condemn juries as unworkable, however, I demonstrate experimentally that jurors need not possess legal or scientific sophistication to make reasoned choices during trials. Specifically, I demonstrate that various institutions embedded in our legal system (such as penalties for lying and the threat of verification) can substitute for sophistication and enable even unsophisticated individuals to learn what they need to know. Based on these findings, I argue that rather than advocate blue ribbon juries and bench trials as replacements for citizen juries, scholars should instead seek substitutes for jurors’ lack of sophistication in the institutions of our legal system.
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Samuels, Alec. "The Jury Is Being Killed by the Internet." Journal of Criminal Law 84, no. 2 (April 2020): 163–67. http://dx.doi.org/10.1177/0022018320914682.
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Jurors are supposed impartially to consider the evidence, and only the evidence. Because of the seeming artificial rules of evidence, the jurors often feel that relevant information is being withheld from them. So they are tempted to browse the Internet, and pass the information on to their colleagues. The judge warns the jurors, but the practice is difficult to stop. Electronic devices can be surrendered during the trial, but there can be no control at home. If the abuse does come to light, then the trial will have to be restarted afresh, and the offending juror punished.
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Pica, Emily, Chelsea L. Sheahan, and Joanna Pozzulo. "Examining Mock Jurors' Perceptions of Intimate Partner Violence Factors." Partner Abuse 10, no. 4 (October 1, 2019): 391–408. http://dx.doi.org/10.1891/1946-6560.10.4.391.
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The purpose of the current study was to examine whether juror gender, male-to-female or female-to-male abuse, eyewitness age (8, 12, and 16 years old), and type of intimate partner violence witnessed (physical, sexual, and emotional) influenced mock jurors' decision-making. Mock jurors (N = 1,162) read a trial transcript where the child of a married couple witnessed one of the three types of intimate partner violence, perpetrated by the husband against his wife or the wife against her husband, and answered related questions. Mock jurors were asked to render a dichotomous verdict, continuous guilt rating, and rate their perceptions of the victim, defendant, and eyewitness. Male jurors were more likely to find the defendant guilty when the defendant was female and the witness was 16 years old; additionally, female mock jurors assigned higher guilt ratings for the male defendant compared to the female defendant. Mock jurors also assigned higher guilt ratings when the abuse was physical compared to both sexual and emotional; abuse also influenced perceptions of the defendant, victim, and eyewitness. Mock jurors also were more likely to hold positive perceptions of the eyewitness when she was 16 years old compared to 8 years old. The results of the current study suggest that gender of the defendant and victim may combine to influence mock jurors' perceptions of a case involving intimate partner violence; moreover, the type of abuse witnessed by a child also may impact the child's perceived credibility.
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Thompson, Andrew G. H., Oliver Escobar, Jennifer J. Roberts, Stephen Elstub, and Niccole M. Pamphilis. "The Importance of Context and the Effect of Information and Deliberation on Opinion Change Regarding Environmental Issues in Citizens’ Juries." Sustainability 13, no. 17 (September 2, 2021): 9852. http://dx.doi.org/10.3390/su13179852.
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Citizens’ juries have become a popular method for engaging citizens in deliberation about complex public policy issues, such as climate action and sustainable development. Empirical evidence routinely indicates that jurors change their minds throughout the process. What is less clear is when and why this occurs and whether the causes are consistent across juries that consider the same topic but are situated within different contexts. We present evidence of opinion change in citizens’ juries through a natural experiment, contrasting three local contexts of onshore windfarm development in Scotland; viz. existing, planned, and absent. Jurors’ individual opinions of climate change, wind energy, and windfarms were measured through questionnaires at four time points: the start, following information-giving, reflection, and deliberation. Statistical examination of jurors’ responses, through paired sample t-tests, Wilcoxon sign-tests, and Generalised Least Squares regression, reveals to what extent substantive changes were associated with different phases and locational contexts. In all three juries, opinion change occurs throughout the process, on different topics, and to different degrees. While the information phase consistently influences jurors’ opinions the most, jury composition affects the magnitude and direction of opinion change, with outcomes contingent on contexts. Our findings are important for informing how mini-publics are designed and used to inform environmental policy-making at different scales.
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Hans, Valerie P., and Michael J. Saks. "Improving Judge & Jury Evaluation of Scientific Evidence." Daedalus 147, no. 4 (October 2018): 164–80. http://dx.doi.org/10.1162/daed_a_00527.
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The role of the expert witness in trials is a paradox. Judges and jurors need help with matters beyond their understanding, and judges are expected to act as gatekeepers to ensure that jurors are not fooled by misleading expert testimony. Yet, as gatekeepers, judges might not effectively distinguish sound from unsound expert testimony. As factfinders, judges and jurors both might have difficulty comprehending expert evidence, intelligently resolving conflicts between experts, and applying the scientific and technological evidence they hear to the larger dispute before them. This essay explores those problems and a variety of possible solutions, ranging from more effective ways parties might present technical information at trial, to educational interventions supervised by the court, to making juries more effective in performing their task, to more controversial measures, such as replacing conventional juries with special juries and replacing generalist judges with expert judges.
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Shayhutdinova, Aygul'. "The consequences of a conviction deserving of leniency in the criminal legislation of the Russian Empire." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 3 (October 7, 2022): 156–60. http://dx.doi.org/10.36511/2078-5356-2022-3-156-160.
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This article is devoted to the specifics of sentencing when the jury verdicts condescension under the legislation of the Russian Empire from 1864 to 1917, as well as the limits of the jury’s influence on possible punishment.
The author comes to the conclusion that the development of the institution of jurors in Russia in terms of sentencing has no historical continuity. The modern Russian court considering cases with the participation of jurors has fewer rights in its competence and rules of sentencing compared to the corresponding powers in sentencing in pre-October Russia, which indicates the need to expand the competence of jurors in the current domestic legal model.
Keywords: punishment, jurors, verdict, lad
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Chirninov, Aldar. "Janus turns out to be one-faced: the judgment of the Russian Constitutional Court on the permissibility of examination of jurors in the light of foreign law." Sravnitel noe konstitucionnoe obozrenie 30, no. 2 (2021): 131–48. http://dx.doi.org/10.21128/1812-7126-2021-2-131-148.
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According to Article 56 of the Russian Code of Criminal Procedure, “a judge and a juror may not be examined as a witness about the circumstances of a criminal case which they have become aware of while participating in it”. The Russian Supreme Court has interpreted this rule as imposing a categorical prohibition to examine a juror even though the defense submits and tries to prove that jurors were not impartial due to the extraneous influence and unlawful threats that they confronted in a jury room. As a result, this approach, instead of ensuring the confidentiality of jury deliberations, has been rather used to preclude the discovery of procedural irregularities in reaching a verdict. In its judgment of 7 July 2020, the Russian Constitutional Court has softened this unreasonable restriction by ruling that jurors’ witness immunity is not absolute and appellate courts must use their testimony to establish facts relating to alleged attempts to place unlawful pressure on a jury by undermining the secrecy of jury deliberations. Based on a case file, including the petition that the author of this article drafted and filed to the Russian Constitutional Court, the article reconstructs the arguments invoked by the parties in the course of constitutional proceedings and assesses the approach taken by the Russian Constitutional Court to decide the case. In particular, the court has allowed examining jurors, but only with their consent. Having studied the experience of the countries where a jury system has been present for a long time, namely the United States, Australia, New Zealand, Sri Lanka, and Myanmar, the author argues that a post-trial examination of jurors is a recognized way to ensure the right of a defendant to an impartial jury. Among other things, the foreign jurisdictions obligate a juror to inform a judge about attempts to unlawfully influence a jury, empowers a judge to determine if there are sufficient grounds for summoning jurors as witnesses, and sets standards of examination. However, none of these legal orders requires that a juror give consent for examination. Therefore, the article concludes that the integrity of jurors in Russia should be protected not by enabling them to testify before an appellate court at their discretion but by strengthening their legal immunity, which in turn will strike an optimal balance between competing constitutional values.
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Puddifoot, Katherine. "RE-EVALUATING THE CREDIBILITY OF EYEWITNESS TESTIMONY: THE MISINFORMATION EFFECT AND THE OVERCRITICAL JUROR." Episteme 17, no. 2 (December 26, 2018): 255–79. http://dx.doi.org/10.1017/epi.2018.42.
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ABSTRACTEyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings on the misinformation effect, to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not.
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Jamali, Reza, Andrea Generosi, Josè Yuri Villafan, Maura Mengoni, Leonardo Pelagalli, Gianmarco Battista, Milena Martarelli, et al. "Facial Expression Recognition for Measuring Jurors’ Attention in Acoustic Jury Tests." Sensors 24, no. 7 (April 4, 2024): 2298. http://dx.doi.org/10.3390/s24072298.
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The perception of sound greatly impacts users’ emotional states, expectations, affective relationships with products, and purchase decisions. Consequently, assessing the perceived quality of sounds through jury testing is crucial in product design. However, the subjective nature of jurors’ responses may limit the accuracy and reliability of jury test outcomes. This research explores the utility of facial expression analysis in jury testing to enhance response reliability and mitigate subjectivity. Some quantitative indicators allow the research hypothesis to be validated, such as the correlation between jurors’ emotional responses and valence values, the accuracy of jury tests, and the disparities between jurors’ questionnaire responses and the emotions measured by FER (facial expression recognition). Specifically, analysis of attention levels during different statuses reveals a discernible decrease in attention levels, with 70 percent of jurors exhibiting reduced attention levels in the ‘distracted’ state and 62 percent in the ‘heavy-eyed’ state. On the other hand, regression analysis shows that the correlation between jurors’ valence and their choices in the jury test increases when considering the data where the jurors are attentive. The correlation highlights the potential of facial expression analysis as a reliable tool for assessing juror engagement. The findings suggest that integrating facial expression recognition can enhance the accuracy of jury testing in product design by providing a more dependable assessment of user responses and deeper insights into participants’ reactions to auditory stimuli.
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Spanos, Nicholas P., Bryan Myers, Susan C. Dubreuil, and Anne E. Pawlak. "The Effects of Polygraph Evidence and Eyewitness Testimony on the Beliefs and Decisions of Mock Jurors." Imagination, Cognition and Personality 12, no. 2 (October 1992): 103–13. http://dx.doi.org/10.2190/1ab2-3wlx-bfy1-8ycp.
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Mock jurors heard one of four versions of a murder trial and then deliberated in small groups to a verdict. Half the juries heard a trial in which an eyewitness identified the defendant as the murderer and half heard a trial in which a polygraph expert testified that the defendant responded deceptively when denying the crime. These two factors were completely crossed in a 2 × 2 (eyewitness/no eyewitness x polygraph/no polygraph) design. Jurors exposed to the eyewitness testimony believed more strongly in the defendant's guilt and voted guilty more frequently than did those not exposed to eyewitness testimony. Eyewitness testimony also enhanced the degree to which jurors believed that other pieces of evidence indicated that the defendant was guilty. Polygraph evidence exerted no significant effects either on jurors' beliefs or on their verdicts.
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Yeshnazarov, Almaz Algazovich, Dinara Talgatovna Amurtayeva, and Alemgul Sovetovna Kuatova. "COMPARATIVE ANALYSIS OF THE ACTIVITY OF COURTS WITH THE PARTICIPATION OF JURORS: ON THE EXAMPLE OF THE USA AND KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (December 29, 2023): 194–202. http://dx.doi.org/10.52026/2788-5291_2023_75_4_194.
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he authors, based on a comparative analysis of the criminal procedure laws of the USA and Kazakhstan, studied the issues of the activity of courts with the participation of jurors. The choice of the US experience in considering criminal cases by a jury was not accidental, since the USA is the state to use a jury trial and already has its own legal history that is different from the UK. In the course of the analysis, the authors revealed three aspects such as the selection of jurors, the number of jurors, and the voting procedure during sentencing. The selection of jurors under US law has its advantages in comparison with the legislation of the Republic of Kazakhstan in terms of simplifying the selection and the right to refuse to participate as a juror. On the issue of the number of jurors, taking into account the US experience, we believe it is possible to reduce them from 12 to 9 and in some cases to 7 jurors. On the issue of majority voting or unanimous voting, based on the experience of the United States, we hold the opinion on the importance of voting by unanimous decision. Based on the positive experience of the USA, the authors proposed several amendments not only to the criminal procedure legislation of Kazakhstan but also to the Constitution of the Republic of Kazakhstan. Thus, the authors believe it is necessary to expand the category of criminal cases considered by a court with the participation of jurors, to improve the selection procedure and voting procedure. As well as the possibility of consideration of civil cases by a court with the participation of jurors. We believe all these amendments will have a positive effect in protecting the constitutional rights of citizens and building a rule-of-law state.
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Gunn, Steven, and Tomasz Gromelski. "Coroners’ inquest juries in sixteenth-century England." Continuity and Change 37, no. 3 (December 2022): 365–88. http://dx.doi.org/10.1017/s0268416023000024.
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AbstractJuries enabled the participation in local governance of those outside national and regional elites in early modern England. Yet their social range is disputed. We investigate coroners’ inquest juries in a range of communities and compare a sample of 148 juries in eleven counties, featuring 2024 jurors, with tax and muster records. These show that while the rural and urban middling sorts were disproportionately represented, the rich and poor were by no means excluded. As militarily able household heads, many jurors matched the wider demands of ‘respectable masculinity’, and this may be reflected in some of the verdicts they reached.
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Judge, Reginia. "Order on the Net!! Juror Misconduct Via Social Media." Popular Culture Review 28, no. 2 (December 2017): 34–61. http://dx.doi.org/10.1002/j.2831-865x.2017.tb00329.x.
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AbstractThe Internet is a powerful communication tool that also provides the ability to research a variety of topics. Unfortunately, Internet use threatens a defendant's right to a fair trial when jurors use it to investigate the cases they are hearing and post information about them online. Empaneled jurors are told not to converse with each other or anyone else about the trial they are reviewing. They are also told to avoid reading news articles and watching television shows that discuss the case they are deciding. Our high‐tech world also mandates, however, that they are cautioned against Internet use as well. Jurors are now warned against emailing, tweeting or posting info on social networks like Facebook or Twitter during the course of a trial. This article examines juror misconduct via the use of the Internet and judicial strategies for preventing it.
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Robertson, Christopher, and Michael Elias Shammas. "The Jury Trial Reinvented." Texas A&M Law Review 9, no. 1 (December 2021): 109–64. http://dx.doi.org/10.37419/lr.v9.i1.3.
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The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood. Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts to begin using technology to transcend time-and-place limitations. These reforms inspire more profound changes. Rather than abolishing or cabining the jury trial, it should be reinvented with the benefit of modern science and technology. Features to be reconsidered include having local juries even for national civil cases, using unrepresentative groups of only six to twelve jurors, allowing attorneys to arbitrarily exclude jurors during voir dire, having synchronous and chronological presentations of cases over days or weeks, asking jurors to ignore inadmissible evidence and arguments that arise during live trials, and relying on secretive deliberations infected by implicit bias. Several of these extant practices work to disenfranchise or disempower Americans along racial, gender, and economic lines, thereby undermining one of the jury’s core functions. Other features cause jurors to err in resolving cases accurately, which can sometimes mean the difference between life and death. A reinvented, modernized jury institution can better serve its purposes by increasing citizen engagement, better fostering civic education and democratic deliberation, improving accuracy in sorting truth from falsehood, and enhancing efficiency in terms of both time and cost.
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Kil, Jan. "JUROR JURISDICTION AS A FORM OF PARTICIPATION OF THE SOCIAL FACTOR IN CRIMINAL PROCESS (PART I)." Roczniki Administracji i Prawa 4, no. XXI (December 31, 2021): 73–86. http://dx.doi.org/10.5604/01.3001.0015.8302.
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The article is devoted to the problems of juror jurisdiction in criminal matters. The first part of the study presents the genesis of the institution of jurors and its historical development. Special attention is paid to Roman quaestiones, that is an archetypical form of juror jurisdiction. An in depth analysis covers as well the Anglo-American model of juror jurisdiction, both from the historical and contemporary perspective
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Parry, R. Gwynedd. "Jury Service for All? Analysing Lawyers as Jurors." Journal of Criminal Law 70, no. 2 (April 2006): 163–79. http://dx.doi.org/10.1350/jcla.2006.70.2.163.
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Section 321 of and Sched. 33 to the Criminal Justice Act 2003 abolished many of the old restrictions on jury service eligibility previously contained in the Juries Act 1974. The result has been to widen significantly the pool of eligible jurors in criminal trials. This article addresses some of the implications of allowing lawyers, including members of the judiciary, to serve on juries, and considers the recent guidance issued to them in order that they perform their role as jurors appropriately. It will also reflect upon the Court of Appeal's recent ruling in R v Abdroikov and Others, which considers many of the pertinent issues, including the issue of jury bias.
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Crosby, Kevin. "Before the Criminal Justice and Courts Act 2015: juror punishment in nineteenth- and twentieth-century England." Legal Studies 36, no. 2 (June 2016): 179–208. http://dx.doi.org/10.1111/lest.12098.
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The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has been passed in response to jurors accessing improper ‘evidence’ online, it is wrong to treat juror misconduct as a new problem. The most famous case on this topic (Bushell's Case) did not completely prohibit juror punishment, but the rhetorical force of the decision was such that penal practices have until recently been overlooked in the academic literature. This paper argues that assessing the new offences is greatly helped by understanding how juror misconduct has been responded to in the past. Drawing on the language of Bushell's Case itself, as well as new archival research, it argues that previous practices of juror punishment have largely depended on whether particular instances of misconduct related to the juror's ‘ministerial’ or ‘judicial’ functions; and that ‘judicial’ offences (those relating to verdict formation) have been much less likely to be punished. Rather, such offences have tended to be managed away. If today's judges continue acting in this way, the new offences are unlikely to be resorted to very often, with the judiciary being much more likely to focus on techniques for avoiding misconduct in the first place.
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Anthony, Thalia, and Craig Longman. "Blinded by the White: A Comparative Analysis of Jury Challenges on Racial Grounds." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 25–46. http://dx.doi.org/10.5204/ijcjsd.v6i3.419.
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Indigenous peoples in Australia, the United States and Canada are significantly overrepresented as defendants in criminal trials and yet vastly underrepresented on juries in criminal trials. This means that all-white juries mostly determine the guilt of Indigenous defendants or white defendants responsible for harming Indigenous victims. In this article, we explore cases in which Indigenous defendants have perceived that an all-white jury’s prejudice against Indigenous people would prevent them receiving a fair trial. It focuses on Indigenous defendants (often facing charges in relation to protesting against white racism) challenging the array of all-white juries. Across these cases, Australian courts rely on formal notions of fairness in jury selection to dismiss the Indigenous defendant’s perception of bias and foreclose an inquiry into the potential prejudices of white jurors. We compare the Australian judicial ‘colour-blindness’ towards all-white juries with that of the United States and Canada. We argue that the tendency for courts in the United States and Canada to question jurors on their biases provides useful lessons for Australian judiciaries, including in relation to the impending trials of Indigenous defendants in Kalgoorlie, Western Australia, accused of committing crimes in response to white racist violence. Nonetheless, across all jurisdictions where there is a challenge to the array based on racial composition, courts consistently uphold all-white juries. We suggest that the judicial view of the racial neutrality of white jury selection misapprehends the substantive biases in jury selection and the injustice perceived by defendants in having a white jury adjudicate an alleged crime that is committed in circumstances involving protest against white prejudice.
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Maeder, Evelyn M., and Logan Ewanation. "What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony." Criminal Justice and Behavior 45, no. 8 (June 19, 2018): 1234–51. http://dx.doi.org/10.1177/0093854818776998.
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Research demonstrates that juror race may interact with defendant race to influence decision-making, but little work has investigated interactions with eyewitness race. This study tested whether Black/White jurors would produce different perceptions/decisions when faced with a Black/White defendant identified by a Black/White eyewitness. We also examined the influence of expert testimony regarding the cross-race effect in two floating cells. Mock jurors read a trial transcript, provided a verdict and trial party ratings, and indicated perceived race salience. Black jurors were more likely to convict a White defendant identified by a Black eyewitness than a Black defendant identified by a White eyewitness. Expert testimony was valued more highly when the defendant was Black, but had no direct influence on verdict; however, it raised race salience perceptions (as did presence of Black trial parties). Perceived race salience was associated with lower rates of conviction, suggesting that race and expert testimony have potential courtroom implications.
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Taylor, Jacqui, and Gemma Tarrant. "Trial by Social Media." International Journal of Cyber Research and Education 1, no. 2 (July 2019): 50–61. http://dx.doi.org/10.4018/ijcre.2019070105.
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Social media makes it easier than ever to access information and opinions associated with criminal proceedings and viewing or discussing these pre-trial could reduce juror impartiality. This study explored whether viewing social media comments influenced mock juror verdicts. Seventy-two participants formed 12 six-person ‘mock juries'. All participants received information regarding a murder trial. Nine groups were exposed to social media comments, manipulated to be negative, positive or neutral towards the defendant. The remaining three groups only received trial information (control condition). Results showed that prior to group discussion, exposure to negatively-biased comments significantly increased the number of guilty verdicts, however these effects disappeared after group discussion. Therefore, although jurors may be unable to remain impartial before a trial, jury discussion can remove these prejudices, supporting previous group research. Further research is suggested where participants interact actively with social media, rather than passively viewing comments.
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Raisio, Harri, Seija Ollila, and Pirkko Vartiainen. "Do youth juries enhance youth political and societal participation?" Scandinavian Journal of Public Administration 15, no. 3 (September 15, 2011): 41–59. http://dx.doi.org/10.58235/sjpa.v15i3.16171.
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The civic engagement of young people can be considered problematic in Finland. Still, the issue might be that youth actually are interested in politics and societal issues. They merely are not interested in the existing methods of political and societal participation. As a path forward the youth jury is tested in the Vaasa experiment. The underlying thought is that it would be something other than “politics as usual” and thus be more interesting to youth. So far only a few youth juries have been implemented and analyzed worldwide (e.g. Carson et. al. 2004; Iredale et. al. 2006). As a result Vaasa youth jury gives strong validity to the theoretical presumptions of youth juries. Participation into the youth jury was seen as a positive experience by many jurors. As a path forward on increasing youth involvement jurors underlined the possibilities of youth juries. Jurors also showed signs of positive attitudinal changes towards societal and political participation. However attitudinal change didn’t take place towards interest in positions of trusts. This can be seen as an indication that it is not that youth are passive and not interested, but that there are not possibilities to influence which would be stimulating enough for them.
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Battell-Wallace, Oscar. "No Search Results in Fairness: Addressing Jurors' Independent Research in the 21st Century." Victoria University of Wellington Law Review 49, no. 1 (May 1, 2018): 83. http://dx.doi.org/10.26686/vuwlr.v49i1.5312.
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The right to a fair trial is one of the fundamental pillars on which the criminal justice system stands. In the digital age of the 21st century, that pillar has increasingly come under siege due to the rise of the "Googling juror". In light of the recent proposals by the Law Commission to address this problem, this article does two things. It begins by investigating the reasons why jurors conduct independent research in the digital age, before proposing methods to prevent jurors from doing so. This article argues that jurors are researching in greater numbers than in the past due to cognitive changes to people's brains in the digital age. Those cognitive changes are the increasing use of the Internet as a transactive memory partner, people's need for instantaneous knowledge and people's reliance on the Internet for everyday needs. Given these findings, this article argues that the Law Commission's proposals are insufficient; to deal with the problem the judicial system must modernise. This article puts forward three proposals: deploying more technology in the courtroom, implementing a comprehensive system of judicial education and empowering jurors to ask more questions. It finally concludes that if the judicial system modernises, trial by jury can and should persist.
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McCullough, Gary W. "Function of Text Structure in Jurors' Comprehension and Decision Making." Psychological Reports 101, no. 3 (December 2007): 723–30. http://dx.doi.org/10.2466/pr0.101.3.723-730.
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The Story Model of Juror Decision Making proposes that jurors develop a story of the case, match the story to verdict templates, and then select the best match between the story and the verdict. The present research investigated the effect different text structures in opening statements and closing arguments had on jurors' recognition for trial information and decision-making, It was hypothesized: (1) narrative opening statements would enhance story construction and (2) comparison-expository closing arguments would enhance story classification. 80 introductory psychology students read a medical malpractice mock lawsuit, rendered a verdict, were tested for recognition of trial facts, and gave an estimate of the surgeon's negligence. The defense's opening statements and closing arguments were written either in narrative or comparison-expository text format. Although weak support for the first hypothesis was found, evidence supporting the effect of comparison-expository text in closing arguments on juror decisions was stronger.
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Elena A., Ovchinnikova. "Guarantees of the Independence of Jurors and the Role of the Chairman in Their Implementation." Rossijskoe pravosudie, no. 4 (March 14, 2023): 87–93. http://dx.doi.org/10.37399/issn2072-909x.2023.4.87-93.
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The problem of the independence of jurors is not new and sufficient attention has been paid to it in the domestic as well as foreign science of criminal procedure. Despite the results obtained by scientists, the domestic legislator still has problems leading to negative judicial practice in view of violations committed in the field of ensuring the independence of juries. This problem was especially relevant against the background of the expansion of the scope of the jury trial and an increase in the number of criminal cases considered in this form. One of the segments of this scientific direction is the underestimation of the role of the presiding judge, his powers, the implementation of which can either prevent a violation of the independence of the jury, or neutralize their consequences. Accordingly, the study of the powers of the chairman, the mechanisms of their implementation, aimed at ensuring the independence of jurors, is relevant. The purpose of this study is to develop a number of author’s proposals and recommendations for improving the criminal procedure law and the practice of its application in terms of ensuring the independence of jurors by the presiding judge. Within the framework of the stated goal, the following tasks were set: clarification of the meaning and criminal procedural content of the concept of “independence” and its interpretation in relation to the procedural position of jurors; determination of the set of procedural means that act as guarantees of the independence of jurors in criminal proceedings; allocation of the procedural powers of the presiding judge, aimed at ensuring the independence of jurors and identifying problems in their implementation; formation of author’s proposals to improve the legislative regulation of the powers of the presiding judge and recommendations on the practice of their implementation. Research methods: dialectical, analysis, synthesis, generalization, formal legal, comparative legal, heuristic, legal modeling. The results of the study were the author’s formulation of the concept of “independence of jurors”, proposals to clarify the totality of guarantees of the independence of jurors, as well as additions in terms of the totality of the powers of the chairman, aimed at creating the necessary conditions for the activities of jurors.
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Leverick, Fiona. "What do we know about rape myths and juror decision making?" International Journal of Evidence & Proof 24, no. 3 (May 8, 2020): 255–79. http://dx.doi.org/10.1177/1365712720923157.
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This paper presents overwhelming evidence that prejudicial and false beliefs held by jurors about rape affect their evaluation of the evidence and their decision making in rape cases. The paper draws together for the first time the available evidence from both quantitative and qualitative studies (most of which are not found in law journals, but rather in scientific outlets, most commonly those focusing on experimental psychology). The quantitative research demonstrates that mock jurors’ scores on so-called ‘rape myth scales’ are significant predictors of their judgments about responsibility, blame and (most importantly) verdict. The qualitative research indicates that jurors frequently express problematic views about how ‘real’ rape victims would behave and what ‘real’ rape looks like during mock jury deliberations and that even those who score relatively low on abstract rape myth scales can express prejudicial beliefs when deliberating in a particular case. The studies vary in terms of their realism, but it is important to note that some of the studies reported here were highly realistic trial reconstructions, involving representative samples of jurors drawn from the community, live trial reconstructions, evidence-in-chief and cross-examination, accurate legal directions and deliberation in groups. The review concludes by examining the evidence on whether juror education—whether in the form of judicial directions or expert evidence—might be effective in addressing problematic attitudes.
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SCHWARTZBERG, MELISSA. "Justifying the Jury: Reconciling Justice, Equality, and Democracy." American Political Science Review 112, no. 3 (February 6, 2018): 446–58. http://dx.doi.org/10.1017/s0003055417000661.
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The jury is a paradigmatic example of a democratic institution that may be justified strictly oninstrumentalandepistemicgrounds: its ability to yield just outcomes. Yet why should we have confidence in its ability? The jury's reliability derives from the jurors’ status as local experts (hierarchical equality), as well as near-universal eligibility and selection by lot (horizontal equality): This dual egalitarianism is a condition of the jury's epistemic value. Yet ordinary citizens thereby acquire an interest inepistemic respector recognition of their presumptively equal competence to judge. The instrumental value of the jury and intrinsic (respect-based) value of jury service may thus be reconciled; although trade-offs between just verdicts and respectful treatment are possible, the jury's ability to attain just verdicts may be improved by reforms generated by concerns about respectful treatment of jurors. This framework sheds light on the justification of democratic institutions more generally.
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Shaw, Jerry I., and Paul Skolnick. "EFFECTS OF PROHIBITIVE AND INFORMATIVE JUDICIAL INSTRUCTIONS ON JURY DECISIONMAKING." Social Behavior and Personality: an international journal 23, no. 4 (January 1, 1995): 319–25. http://dx.doi.org/10.2224/sbp.1995.23.4.319.
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A study was conducted to determine the extent to which jurors follow judicial instructions. Based upon Brehm's (1966) theory of psychological reactance, it was hypothesized that prohibitive judicial instructions will not be adhered to as well as similar instructions formulated in a more informative tone. The reactive effects of prohibitive instructions were predicted to be exaggerated when an irrelevant defendant characteristic such as race was an issue. Three hundred and sixteen mock jurors read one of four versions of a hypothetical criminal case varying the type of instructions (prohibitive or informative) and race of defendant (white or black) and rendered both individual judgments and jury verdicts on the case. Results confirmed that juries reacted against prohibitive instructions but more closely followed informative instructions. It was also found that individual jurors were harsher toward white than black defendants, however, group discussion effectively eliminated this reverse racism bias.
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Blackhurst, Tiegan, Calum Hartley, Polly Turner, and Lara Warmelink. "Jurors’ judgements of an autistic defendant are influenced by awareness of autism, knowledge of psychological conditions and trait-empathy." Journal of Intellectual Disabilities and Offending Behaviour 13, no. 3/4 (November 16, 2022): 90–101. http://dx.doi.org/10.1108/jidob-09-2022-0007.
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Purpose This study aims to investigate whether awareness of an ASD diagnostic label, knowledge of psychological conditions, and trait-empathy influence mock-jurors’ judgements of an autistic defendant. Some autistic adults have an increased risk of acting illegally and standing trial as a defendant because of their behavioural and cognitive characteristics. In court, they may display behaviours stereotypically perceived by jurors as indicators of guilt (e.g. averted gaze), potentially resulting in negative judgements. However, if autistic defendants disclose their condition, this may positively influence jurors’ judgements by offering an alternative explanation for their behaviour. This effect may be stronger in jurors who are highly knowledgeable about psychological conditions and empathic. Design/methodology/approach Non-autistic participants (N = 328; M age = 28.21) read a scenario about a defendant’s crime and courtroom behaviour before judging their character and reporting how empathic they felt towards the defendant. Participants were then informed that the defendant was autistic and provided with information about autism before re-evaluating the defendant. Participants’ empathy and knowledge of psychological conditions, including autism, were measured. Findings Participants judged the defendant to be more honest and less blameworthy post-label. Trait empathy was positively associated with honesty ratings and higher levels of self-reported empathy. Overall knowledge was negatively associated with ratings for defendant blameworthiness and likeability. Overall, the findings suggest that autistic defendants may benefit from disclosing their diagnosis as this may result in more favourable juror judgements. Originality/value To the best of the authors’ knowledge, this study is the first to consider how jurors’ overall knowledge of psychological conditions and trait-empathy may influence judgements of an autistic defendant.
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Brandon, Duane M., and Jennifer M. Mueller. "The Influence of Client Importance on Juror Evaluations of Auditor Liability." Behavioral Research in Accounting 18, no. 1 (January 1, 2006): 1–18. http://dx.doi.org/10.2308/bria.2006.18.1.1.
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This study examines whether client importance affects jurors' evaluations of auditors. Specifically, we examine whether client importance is significantly related to juror evaluations of responsibility and blame as well as auditor liability and damage awards. The results indicate that when an auditor is involved in litigation associated with an audit client that is financially more important to the auditor, participants evaluated the auditor as less objective, more blameworthy, and more deserving of punishment. Client importance is also found to significantly affect jurors' liability assessments. Further analysis indicates the effects of client importance on liability assessments can be attributed to independence perceptions. Despite these differences, results indicate only a marginally significant influence of client importance on punitive damage awards and no influence on compensatory damage awards.
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Cothran, D. Lisa, Elena V. Stepanova, and K. Raquel Barlow. "Studying Guilt Perception in Millennials." Imagination, Cognition and Personality 36, no. 4 (March 14, 2017): 379–99. http://dx.doi.org/10.1177/0276236617696718.
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The present study explored mock jurors’ guilt judgments with a 2 (Jurors’ Race: Black vs. White) × 2 (Suspects’ Race: Black vs. White) × 2 (Suspects’ Attractiveness: High vs. Low) design in a group of Millennials ( N = 331). Black jurors were more lenient; all jurors were more lenient toward Black suspects; and White jurors were less lenient toward Black unattractive suspects. The current study contributes the following novel findings to the literature: documentation of a possible Black experimenter effect in mock jurors; an interaction among suspects’ race, suspects’ attractiveness, and jurors’ race, suggesting that racial bias exhibited by White jurors may be masking itself as an unattractiveness bias; and additive empathy by Black jurors toward persons who fall within more than one underprivileged group.
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Crosby, Kevin. "Keeping women off the jury in 1920s England and Wales." Legal Studies 37, no. 4 (December 2017): 695–717. http://dx.doi.org/10.1111/lest.12169.
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The Sex Disqualification (Removal) Act 1919 ended the prohibition on female jurors. This did not mean that English and Welsh juries became representative institutions overnight, however: the property qualifications ensured that juries were still drawn from the top few per cent of the local population; and the 1919 Act expressly permitted trial judges to order single-sex juries where the nature of the evidence required it. The continued existence of peremptory challenges allowed defendants in felony trials to exclude women from their juries whenever they preferred to be tried only by men. Finally, some judges permitted female jurors to excuse themselves from particular trials if they so desired. This paper explores the effects these factors had on the practical enjoyment of the female jury franchise after the passing of the 1919 Act. It finds that the picture is remarkably localised: rates of women serving on juries were very different for the five assize circuits for which adequate records exist (Midland, Oxford, South Eastern, South Wales and Western). By exploring these issues, this paper reveals how flexible the female jury franchise was in its early years, and shows how important local differences were in keeping women off the jury.
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Andrew, Edward G. "Hobbes on Conscience Within the Law and Without." Canadian Journal of Political Science 32, no. 2 (June 1999): 203–25. http://dx.doi.org/10.1017/s0008423900010465.
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AbstractThis article seeks to clarify the meaning of conscience and to exhibit its role in the philosophy of Hobbes. The author compares Hobbes's philosophy to Locke's doctrine. Instead of the usual contrast of Hobbes, the enemy to the claims of conscience, and Locke, the defender of the rights of conscience, he shows that Hobbes found a place for conscience within the law—the rights of defendants to a jury of their choice, and the rights of jurors to a verdict according to their conscience—whereas Locke found a place for conscience outside the law, in the judgment of revolutionaries when a revolution is justifiable or successful. In elaborating Hobbes's views of trial by jury, the author suggests that the best forensic metaphor for conscience is a juror (rather than the more usual ones of a witness, a judge or a legislator). Conscience is subjective certainty, dangerous outside an institutional setting, but indispensable for decisions not based on demonstrable knowledge, such as a juror's verdict beyond reasonable doubt.
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Koryakovtsev, V. "Review of court decisions based on the jury’s decision in the supervisory instance." Law Enforcement Review 2, no. 4 (December 28, 2018): 106–24. http://dx.doi.org/10.24147/2542-1514.2018.2(4).106-124.
Full textAbstract:
The subject. The article discusses the procedural peculiarities and grounds for the supervisory (cassation) review of court decisions based on the jury’s decision.The purpose of the article is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods as well as legal interpretation of the text of Russian Criminal Procedure Code and Russian Supreme Court’s decisions. The decisions of Russian Constitutional Court and court statistics are also analyzed.The main results and scope of their application. In the introduction the author substantiates the relevance of the proposed research by creating a separate cassation and appeal courts of General jurisdiction, a significant extension of jurisdiction of the Russian court with participation of jurors in the district courts as of 1 June 2018., that will result in a manifold increase in the cases before the courts with participation of jurors in the first instance, and a manifold increase in appeals and representations on the decision of the jury. In the second section of the work the characteristic of legal institution of possible turn to the worst for the condemned situation in cassation and Supervisory instances is given, the analysis is widely known of the resolution of the constitutional court of the Russian Federation of May 11, 2005. The third section of the work considers the grounds for possible review of the decision of the courts with the participation of jurors in the order of Art. 401.6 of the Code of Criminal Procedure and grounds proposed by the Plenum of the RF Supreme Court in the Decree of January 28, 2014. The fourth section of the work is devoted to the characteristics of the rules and procedure of Supervisory proceedings, specifies the types of appealed decisions, powers and limits of the rights of the Presidium of the Russian armed forces, provides examples of review of judicial decisions with the participation of juries that have en-tered into force.Conclusions. The author suggests to replace the grounds for cancellation or amendment of acquittal decisions of courts based on the jury’s decision with the grounds of cassation review of jury trials that are included in art. 664 and 665 of the Code of Criminal Procedure of the Republic of Kazakhstan due to their clearer legal definition and lack of evaluative concepts.