Dissertations / Theses on the topic 'Jury'
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1
Brown, R. Blake. "The jury, politics, and the state in British North America : reforms to jury systems in Nova Scotia and Upper Canada, 1825-1867 /." Halifax, N.S, 2005. http://proquest.umi.com/pqdweb?index=0&did=1014307151&SrchMode=1&sid=1&Fmt=6&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1196086752&clientId=5220.
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Hano, Katarzyna. "Jury Decision-Making Study." Thesis, University of Waterloo, 2006. http://hdl.handle.net/10012/1242.
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In this thesis I combine the social network analysis approach with the traditional experimental approach to study the phenomena of jury decision-making. I examine whether with each trial a social network is formed. The jurors, the two teams of lawyers, as well as the accused and the judge, all form a social network with cliques and leaders. This division of individuals into specific cliques, along with the lawyers' performance in court, is hypothesized to have a significant impact on the jury's verdict. Thus, by specifically studying the lawyers' engagement and disengagement on the jurors during a trial and the impact this has on the verdict, as well as understanding the structure of the social network that the individual jurors create, I hope to shed light on some of the influences that are key in delivering the verdict. In addition, this pioneering study may lead to significant policy changes in the future.
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Roumier, William. "L'avenir du jury criminel." Paris 2, 2002. http://www.theses.fr/2002PA020062.
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Bennet, Scott Alan. "A jury-rig heritage." The Ohio State University, 1989. http://rave.ohiolink.edu/etdc/view?acc_num=osu1299778394.
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Roumier, William. "L'avenir du jury criminel /." Paris : LGDF, 2003. http://catalogue.bnf.fr/ark:/12148/cb390938023.
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Jolly, Simon. "The jury as legal ideology : a jurisprudence of the control of the jury." Thesis, University of Nottingham, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363613.
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Mears, Alexander Peter. "Jury nullification : a psycholegal approach." Thesis, University of Exeter, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326884.
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Davis, John Patrick. "When jurors ignore the law and the evidence to do justice /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/9031.
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Li, Weidong. "A computer-supported participative design jury." Click to view the E-thesis via HKUTO, 2005. http://sunzi.lib.hku.hk/hkuto/record/B32121556.
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Li, Weidong, and 李衛東. "A computer-supported participative design jury." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B32121556.
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Yeremenko, A. "Human rights protection institute of jury." Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44926.
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Development and formation of legal state, consolidation of democratic principles of governance is impossible without recognizing of human rights and freedoms in Ukraine. Today in our country an acute problem of protection of human rights exists as a result of low level of economic development, instability in the socio-political and legal areas, lack of effective approaches to legal education of the individual. Citizens do not know their rights, do not have basic skills to use their rights and make demands to the state or other institutions for the restoration or protection of their rights.
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Hostettler, John Arthur. "Jury power : illusion or reality? : a critical study of criminal trial by jury in England, 1219-2003." Thesis, University of Sussex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408860.
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Waldersee, Richard. "A critical analysis of jury decision making in the modern criminal process." Thesis, The University of Sydney, 1993. https://hdl.handle.net/2123/26789.
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It was GK. Chesterton who remarked "When (our civilisation) wants a library catalogued or the solar system discovered, or any trifle of that kind, it uses its specialists. But when it wishes anything done that is really serious, it collects twelve of the ordinary men standing about. The same thing was done, if I remember, by the founder of Christianity" (Chesterton, 1920 p. 86). In his criticism of the jury system, United States Supreme Court Judge Jerome Frank stated (in Freeman, 1981 p. 67) that legislatures and the judiciary had grown lax in revising outmoded rules because they had grown accustomed to juries making necessary revisions in the law in the jury room; and that such behaviour has led to a lack of uniformity in decisions and unpredictability in the law. Specifically regarding the fact finding skills of 12 lay men, Glanville Williams (Williams, 1963 p. 271) states "if one proceeds by the light of reason, there seems to be a formidable weight of argument against the jury system".
Against what is said above, Mr Justice Murphy in Li Chia Hsing v Rankin (1979)141 C.L.R. 182 stated "The jury system is the main social defence against governmental or other oppression." Following on from that observation, Mr Justice Dawson in Brown v R (1985) 159 C.L.R. 216 observed:
"The institution of trial by jury also serves the function of protecting both the administration of justice and the accused from the rash judgment and prejudices of the community itself. The nature of the jury as a body of ordinary citizens called from the community to try the particular case offers some assurance that the community as a whole will be more likely to accept a jury's verdict than it would be to accept the judgment of a judge or magistrate who might be, or be portrayed as being, over-responsive to authority or remote from the affairs and concerns of ordinary people."
Mr Justice Dawson then went on to address the very idea of trial without jury:
"I am far from persuaded that current experience shows that it is desirable that trial by jury should be a matter for election in trials on indictment but, in any event, the terms in which 5.80 (of the constitution) is expressed are, in my view, sufficiently clear to preclude an interpretation which would allow such a choice."
Similar arguments in respect of the role of the jury have also been expressed in the United States, Willams v Florida (1970) 399 US. 78, at 100:
”The purpose of the jury trial is to prevent oppression by the government. Providing an accused with the right to be tried by a jury of his peers gave him an inestirnable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased or eccentric judge."
The Queensland Law Reform Commission (Working Paper on Legislation to Review the Role of Juries in Criminal Trials, 28 November, 1984 p. 15) states that other than the vision of this protective role on its part, there is no practical reason for accepting the jury as the most effective weapon for determining the guilt or non guilt of a person in a criminal trial. In today's circumstances, there is indeed a very real question as to whether or not this historical protection of an accused is still necessary. In almost all cases in Australia today, the judge is, in practice, the exact reverse of that character portrayed in Williams v Florida above.
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Shi, Pengpeng. "Le jury criminel : étude comparée en Angleterre, France et Chine." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32028.
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Le jury occupe un rôle très important dans l’administration de la justice. Il constitue également un sujet très intéressant de droit comparé. En effet, si techniquement tous les systèmes connaissent, au moins à un certain degré, une association des citoyens à l’administration de la justice pénale, le système du jury est différent de l’un à l’autre selon le degré de collaboration entre citoyen profane et juge professionnel. Dans les pays de common law (Angleterre), le jury est un collège de citoyens profanes qui est seul à dire le fait. Et il appartient au juge professionnel de dire le droit, le cas échéant la peine. Alors dans la plupart des pays de civil law (France et Chine)，le jury est associé au juge pour dire le fait et le droit. De plus, il y a également des différences dans le recrutement des jurés et le fonctionnement du jury. Les jurés sont tirés au sort en Angleterre et en France, alors qu’en Chine, ils sont désignés par l’autorité publique. En somme, chaque pays établit et refond le jury selon la situation de son propre procès criminel, ce qui conduit techniquement à des différentes pratiques de jury. Cependant, il faut noter également les arguments pour établir un jury indépendant et démocratique, qui sont toujours proches et constituent les valeurs communes du jury. Il est vrai que, les instruments et les techniques du jury dans chaque pays présentent une grande diversité, aussi bien entre la famille romano-germanique et la famille de la common law qu’à l’intérieur même de ces familles. Mais les raisons d’être du jury, à savoir les valeurs politiques et juridiques, sont toujours similaires, qui surmontent l’écart des traditions judiciaires. Une question se pose donc: Quelles pratiques permettraient-elles de mieux réaliser les valeurs inhérentes du jury , notamment en Chine ? Il faut établir un jury représentatif, indépendant et puissant dans la procédure criminelle contradictoireIn the judicial process, the jury system plays a very important role. Besides, it’s also a very interesting subject in the field of comparative law. In fact, at least in certain level, all the jury systems in the world have confirmed technically the participation of people into the criminal procedure. However, the level of collaboration between the normal people and the professional judge is various in different jury systems. In the common law countries, the jury system is a group of normal people, which has the exclusive authority to decide the matters of disputed facts. While the judge decides how to apply laws and the punishements if it’s necessary. Nevertheless, in most of the civil law countries (China and France), the jury and the judge work together to decide the facts and the law. What’s more, in different coutries, there are also some differences in the appointment method of jurors and the proceeding of jury system. For exemple, the jurors have been decided in a sortition way in England and France, while the chinese jurors should be decided by the public authorities. In one word, every country has established and evolved the jury system according to its criminal procedure, and so that we could find the diverse practical ways of jury system in the world. Besides, we should especially pay attention to the arguments of establishing an independent and democratic jury system. These arguments are always similar and have been served as the elements of the common values of the jury system. In the mean time, because each jury system has different instruments et the techniques, so that we can figure out a huge diversity between the romano-germanic family and the common law family, also in the countries of the two families. However, the reasons for being of jury system in different contries are quite similar, which include the legal values and the political values,and they have overcomed the barrrier between different judicial traditions. In the end, we have to consider a question : how to realize the inherent values of the jury system in a better way ,especially in China? To establish a jury system which is representative, independent and puissant in China might be the best answer
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Wheate, Rhonda Marie Physical Environmental & Mathematical Sciences Australian Defence Force Academy UNSW. "Jury comprehension and use of forensic science." Awarded by:University of New South Wales - Australian Defence Force Academy. School of Physical, Environmental and Mathematical Sciences, 2007. http://handle.unsw.edu.au/1959.4/38644.
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The ability of jurors and juries to comprehend and utilise scientific evidence in Australian criminal trials has been examined. From mock jury surveys relating to DNA profiling evidence, it was determined that most respondents were able to comprehend some basic and applied statistics, although their ability was in part related to their knowledge of English and their level of education. The point at which mock jurors were prepared to convict an accused solely on the basis of DNA profiling evidence was examined and found to be low compared with the strength of DNA profiling evidence commonly presented in Australian courts. Mock jurors also demonstrated the ability to process evidence that was presented in a Bayesian framework; commencing with prior odds, introducing new information and culminating in posterior odds. From a survey of Australian forensic scientists, including fraud investigators, it was found that most practitioners' concerns could be addressed by greater pre-trial consultation between experts and legal advocates. Improved knowledge within the legal profession concerning the jargon, principles, procedures, limitations and conclusions to be drawn from different scientific disciplines, prior to presenting this evidence in court, is recommended as the means by which complex evidence can be better adduced from expert witnesses and better presented to juries in criminal trials. Finally, from interviewing actual jurors in criminal trials in the Australian Capital Territory it was determined that where jurors' expectations of scientific evidence, particularly DNA profiling evidence, are not met, high levels of juror frustration and speculation may culminate in hung juries. The adversarial setting of criminal proceedings was also found to produce an environment in which jurors felt that information that would assist them in reaching a verdict was being deliberately withheld. The ability of the jury to ask questions and the allowed nature of those questions were also examined, with the resultant recommendation that juries be given more explicit information at the commencement of trials to inform them about their rights and obligations when asking questions.
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Ridley, Elizabeth. "General pre-trial publicity and jury bias." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29190.pdf.
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Albaugh, Andrew. "The florida jury technical evidence and bias." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/824.
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The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's comprehension and decrease their bias must be discussed and propagated. The purpose of this thesis is to explore the answers to those questions and provide potential solutions to the issues facing the modern Florida jury. Law journals, statutes, and case law all suggest that juror comprehension decreases substantially when faced with highly complex evidence. Biases are also commonly associated with these forms of evidence and are leading towards unfair verdicts. Despite these problems, there are solutions that are readily available in the areas of alternative dispute resolution. Further solutions may be created through a revision of the jury instruction process. This thesis seeks to raise awareness of the problems facing the Florida jury and contribute solutions that are practical and easily used.B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Nickel, Kathleen. "The Effect of Gender, Jury Instructions, Victim Intoxication, and Perpetrator Intoxication on Individual and Jury Perceptions of Sexual Harassment." TopSCHOLAR®, 2004. http://digitalcommons.wku.edu/theses/536.
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The current study investigated the impact of gender, jury instructions, victim intoxication status, and perpetrator intoxication status on perceptions of sexual harassment of participants role-playing individual jurors and juries. Gender, victim intoxication status, and perpetrator intoxication status affected the sexual harassment perceptions. The well established gender effect was replicated as the current study found female jurors were more likely to perceive sexual harassment than were male jurors. Individuals were less likely to find sexual harassment when they were told the victim was intoxicated than when no information was presented. When the perpetrator was intoxicated, sexual harassment was less likely to be found. Giving instructions to ignore irrelevant intoxication information had no impact on individual jurors but did impact juries. Juries were also biased by the perpetrator's intoxication status. The significant interaction between jury instructions and victim intoxication and jury instructions and perpetrator intoxication indicated giving juries instructions reduced the bias of victim intoxication status but not perpetrator intoxication status. Initial findings of the majority of individuals lead to the jury's decision 73% of the time, indicating a majority effect. Likewise, a leniency bias and an asymmetry effect were also observed among initial findings and jury decisions. Furthermore, once juries deliberate, individuals are likely to stick to their jury's decision.
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Grose, Kenneth M. "The Jury Effect on Punitive Damages: An Empirical Analysis." Miami University Honors Theses / OhioLINK, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1115047994.
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Crosby, Kevin Adrian. "Jury independence and the general verdict : a genealogy." Thesis, University of Leicester, 2013. http://hdl.handle.net/2381/28531.
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This thesis explores the historical relationship between the ‘general verdict’ of ‘guilty’ or ‘not guilty’ and ideas of jury independence. This relationship is often presented as natural or self-evident: because the reasons a jury has for reaching its verdict are hidden from sight, it is impossible to control a jury; and therefore the jury can deliver a verdict against the wishes either of the trial judge or of the government. What is generally overlooked in these accounts is the influence of the judge: that a jury’s verdict cannot be corrected after the fact says nothing about the ways in which the verdict is reached. This thesis, drawing upon the work of Michel Foucault, presents a history of the relationship between jury independence and the general verdict. It argues that the general verdict has only been understood as a guarantor of jury power since the second half of the seventeenth century; and that since the late eighteenth century this understanding has been consistently challenged by an alternative perspective, one which holds that judicial directions permit the trial judge to limit the otherwise free action of the jury. These competing perspectives are described in this thesis as ‘exclusionary’ and ‘inclusionary’ ideas of jury power. The former holds that the jury comes into the trial as a citizen, passes judgment upon the justice of the law, and then leaves, without being altered by his or her experiences at trial. The latter holds that ‘the juror’ is constructed within the courtroom by his or her experiences at trial. Having argued that the ‘inclusion thesis’ reasonably accurately describes the activities of the contemporary judges of England and Wales, this thesis goes on to ask whether there is any possibility for jury independence if the juror is constructed within a space set out by the judge. Drawing on the accounts of the jurors from the 2004 ricin terror trial, it concludes by suggesting that jurors may be able to achieve meaningful independence by claiming expertise as a juror. In this way, the most significant type of jury independence might come after the delivery of the verdict, rather than before.
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Espy, John. "Data mining techniques for constructing jury selection models." Thesis, California State University, Long Beach, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1527548.
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Jury selection can determine a case before it even begins. The goal is to predict whether a juror rules for the plaintiff or the defense in the medical malpractice trials that are conducted, and which variables are significant in predicting this. The data for the analysis were obtained from mock trials that simulated actual trials, with possible arguments from the defense and the plaintiff with ample discussion time. These mock trials were supplemented by surveys that attempted to capture the characteristics and attitudes of the mock juror and the case at hand. The data were modeled using the logistic regression as well as decision trees and neural networks techniques.
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Sabbagh, Marie L. "Influence of defendant mental illness on jury sentencing." Honors in the Major Thesis, University of Central Florida, 2010. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1494.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Sciences
Psychology
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Przybylinski, Erin. "An Analysis of the U.S Grand Jury System." Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/613463.
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The purpose of this honors thesis is to give an analysis of the grand jury system in the United States today. In order to do so it is necessary to begin with the inception and history of the grand jury system in England and how it subsequently came about in the United States. Then I will give a timeline of the progression of the grand jury system in the U.S and any reforms or changes that have been made. After that I will talk about four other countries, England, Canada, Ireland, and France, all of which once had a grand jury system but have since abolished it. I will then lay out the main arguments of both proponents of the grand jury system in the U.S. and critics of the grand jury system. Finally, I will analyze two recent grand jury proceedings that received national and international attention, the Michael Brown and Eric Garner cases.
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Violas, Bauer Catherine. "La Question du jury de la cour d'assises." Paris 1, 1996. http://www.theses.fr/1996PA010284.
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La question du jury de la cour d'assises est depuis que l'institution existe un (sujet source de polemique et de passion. Aujourd'hui encore il s'agit plus que jamais d'un sujet d'actualite. Il nous conduit a nous interroger en premier lieu sur l'utilite d'un telle institution ainsi que sur les finalites qu'il convient de lui assigner. Institution en effet a l'origine politique, le jury est desormais un rouage essentiel de notre procedure criminelle. Cette finalite strictement juridique n'est pas sans produire certaines consequences quant a sa composition. Ce postulat exige en second lieu de s'interroger sur sa mise en conformite avec les regles de formation de jury de jugement. Enfin, en troisieme lieu, il engendre certaines consequences relatives aux regles d'exercice de la mission de jure. Il resulte de cette reflexion que le jury de la cour d'assises devrait etre concu comme l'emanation d'une association entre, d'une part des membres de certaines categories socio-professionnelles, et d'autre part des citoyens profanes. Cette collaboration constituerait le gage d'une valorisation de la participation effective des citoyens au fonctionnement de la justice criminelleThe question of the jury of the "cour d'assises" is source of controversy and passion, since this institution exists. This subject is still with us. It let us first wonder about the utility of such an institution and about also wich finalities should be assigned to it. Originaly, the jury was a political institution but is now a determinant element of our criminal procedure. This only juridical finality has some consequences on its composition. This postulate late us their wonder about its conformity with the formation rules of the judgment jury. Finaly, it has some consequences rigarding the rules governing the juryman mission. The dissertation shows that the jury of the "cour d'assises" should be composed partly of members of some professions and partly of profane citizen. This collaboration would be the guarantee of the valorisation of the effective participation of the citizen to the operation of the criminal justice
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Polavin, Nicholas Todd. "Cognitive-Experiential Self-Theory in Jury Decision Making." The Ohio State University, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=osu1563386792843479.
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Smith, Norman. "Jury selection and representation: a jury composition study of Charlotte-Mecklenburg County, North Carolina from 1976-77 compared to 1980-81." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1990. http://digitalcommons.auctr.edu/dissertations/1927.
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The main objective of this thesis theme is to examine a facet of the political science discipline, viz., judicial process and its relationship to the trial by jury concept, i.e., jury selection and representation in a particular locale. Thus, the locus for this intricate project will be a jury composition study of the Charlotte-Mecklenburg County, North Carolina jury pool for two biennium periods, 1976-77 and 1980-81, at the Twenty-Sixth Judicial District for the State of North Carolina. That is, to compare the socio-demographic characteristics of the total population of Charlotte-Mecklenburg to those persons who served in the jury pool in Charlotte-Mecklenburg for the years, 1976-77 and 1980-81, to evaluate fair and equitable jury representation. The method and technique(s) employed to accomplish the objective of the thesis theme can be comparmentalized into two parts, viz., empirical and non-empirical. In the latter situation, the information will be of a secondary nature and discerned from a content analysis approach. In the empirical phase, data was collected from a jury composition study and survey sampling methodology. And, of course, the data was analyzed by way of statistical hypothesis testing and mathematical probability. The conclusion to be drawn from the empirical dimension of this study is that of eight socio-demographic variables examined in this study to determine fair jury representation, for race, for 1976-77, the alternative hypothesis of a difference was confirmed; but for 1980-81, the null hypothesis of no difference was confirmed. For gender, in both periods, the hypothesis of no difference would stand. For the other categories as income, occupation, age and education, for 1976-77, the alternative hypothesis of difference would stand. Thus, there was not wholesale underrepresentation in the jury pools of Charlotte-Mecklenburg for Bienniums 1976-77 and 1980-81. In the nonempirical phase, it has to be concluded that within all judicial territories and districts across the nation, in order to make concrete and practical the abstract idea of trial by jury in Anglo-American law, a jury selection system framework is established and regulated by constitutional and statutory enactment. In order to make this scheme workable, source(s) or list of eligible persons is sine qua non to its existence; but to ensure that such source(s) reflect adequately and appropriately the community from which they are drawn, certain constitutional standards and mathematical or quantitative tools are often employed to ensure compliance. The management of public affairs is no less poignant in the judicial arena, i.e., judicial process, than, say, in the executive or legislative branches of government. For this reason alone, knowledge of jury selection processes and procedure, and, in turn, jury representation warrants serious attention as it affects and effects the citizenry at large and public policy, to bridge the gap of the ideal versus the reality.
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Курдес, Олександр Леонідович, Александр Леонидович Курдес, Oleksandr Leonidovych Kurdes, and Ю. Клименко. "Проблеми становлення інституту суду присяжних в Україні." Thesis, Вид-во СумДУ, 2010. http://essuir.sumdu.edu.ua/handle/123456789/16524.
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DERR, WILLIAM RANDOLPH. "ORAL COMMUNICATION APPREHENSION: SOME CONSIDERATIONS OF THE TRAIT-LIKE AND SITUATIONAL CONDITIONS ON JURY VENIRES AND DELIBERATING TRIAL JURIES (SPEECH DYSFUNCTION, ARIZONA)." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183949.
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This dissertation measures the levels of trait-like and situational oral communication apprehension in jury bodies and provides some interpretation of these measurements on these bodies. By extending research on oral communication apprehension to juries, a clearer understanding of the impact of this phenomenon on specialized small groups is possible. Juries constitute a specialized small group because of the manner by which jurors are selected, the rules applying to their discussion of trial matters, their isolation from external influences during a trial, and their objective to determine a trial verdict for which they have personal impunity. Results of this study were obtained from analysis of data acquired from actual venire members and jurors in the Pima County Superior Court in Tucson, Arizona. The study uses a data collection instrument that is a modification of the Personal Report of Communication Apprehension-24 combined with the Situational Communication Apprehension Measure. This research determined that the overall trait-like oral communication apprehension level of venire members is below that normally found in other groups, whereas, the situational apprehension level of jurors is generally above that level found in nonjury small groups. This situational apprehension level varies considerably depending on the ethnicity of the individual venire member or jurors and the nature of the trial on which the juror is impaneled. The study further determined that certain factors normally associated with leadership role fulfillment appear to be altered inside the jury deliberation room. Jury service appears to serve as a motivational drive that lowers the fears and anxieties that high communication apprehensives associate with interactive speaking in small groups.
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Lombard, Françoise. "Notables, citoyens ou incompétents : les représentations des jurés à la lumière de l'histoire du jury." Paris, EHESS, 1989. http://www.theses.fr/1989EHES0039.
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L'etude du jury de la cour d'assises, comme institution representative, peut constituer un observatoire privilegie du processus de representation defini comme une technologie de la mediation, un mode d'articulation entre etat et societe. En effet, parler du jury peut etre l'occasion, pour d'anciens jures, de parler de l'ensemble des relations de pouvoir et des techniques qui permettent a celles-ci de s'exercer dans notre formation sociale, bref de dire ce qu'ils pensent de ce mecanisme de representation, comment ils le percoivent, comment ils se le representent. Ainsi les discours des jures peuvent etre consideres comme des mises en scene, des representations de cette representation judiciaire et au dela, parce que le systeme de justice criminelle s'insere dans notre systeme social, des representations de la representation dans le systeme social global, c'est-a-dire des mises en scene des divisions de l'univers social et de ce qui peut legitimer cette fracture entre gouvernants et gouvernes. L'analyse historique de la construction du jury montre combien ce tableau des representations actuelles du jury par les jures est baigne par l'histoire: il y a bien, dans notre formation sociale, une structuration culturelle et sociale de l'experience du jury historiquement constituee. On mesure donc aussi combien les representations actuelles du jury sont prisonnieres de l'histoire des strategies par lesquelles une pratique institutionnelle et judiciaire particuliere a successivement recherche son propre fondementThe study of the jury of cour d'assises, as representative institution, can constitue a privileged observatory of process of representation defined as a technology of mediation, a modality of joint between state and society. In fact, talking about jury can be an opportunity, for ancient jurymen, talking about the comprehensive relations of power and technics that let these to act upon our social formation, in short, to tell what they think of this mechanism of representation, how they perceive it, how they represent it to themselves. Thus, talks of jurymen can be considered as stagings, as representations of this judiciary representation and beyond, because the criminal justice system combines with our social system, representations of representation in the aggregate social system, this means stagings of social universe divisions and of all that can legitimate this break between governors and governeds. Historical analysis shows how this picture of current representations of jury by jurymen is stepped by history: there is, in our social formation, a social and cultural structuration of experience of jury historically constituted. We measure consequently also how the representations of jury are, in a way, imprisoned of history of strategies through which a judiciary and institutionnal practice has successively been searching for his own foundation
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Jacobi, Brock. "Dangerous Opinions: Perception of Violent Video Games on Jury Decision Making." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1603.
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The purpose of the study was to examine whether a potential juror would give harsher sentences to defendants based only on the manipulation of the defendant's personal hobby. This was investigated by manipulating the hobby through a hypothetical manslaughter scenario in a vignette. Participants were asked to answer questions pertaining to the defendant's guilt and potential sentencing. Results indicate that participants' sex, participants' authoritarianism, and defendant's hobby were significant factors. Significant interactions were found pertaining to whether the defendant should receive counseling across sex by violence and sex by avocation. These results are evidence that the use of jurors in the legal system is flawed and needs to be improved upon. Future research should examine an age distribution closer to the national mean, and the online setting should be replaced with an in person mock jury that will have more realistic group dynamic and higher ecological validity.B.S.
Bachelors
Psychology
Sciences
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Terrance, Cheryl A. "Jury simulation, the construction of victims in the courtroom." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ57630.pdf.
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Payne, Krystal R. "Gender and Self-Disclosure in the Jury Selection Process." Ohio University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1338475993.
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Kasian, Marilyn (Marilyn Anne) Carleton University Dissertation Psychology. "Battered women who kill: jury simulation and legal defenses." Ottawa, 1991.
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Terrance, Cheryl A. (Cheryl Ann) Carleton University Dissertation Psychology. "Jury simulation; the construction of victims in the courtroom." Ottawa, 2000.
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Ziemke, Mitchell H. "To flatter the jury ingratiation effects during closing arguments /." Thesis, [Tuscaloosa, Ala. : University of Alabama Libraries], 2009. http://purl.lib.ua.edu/119.
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Bright, David Anthony Psychology Faculty of Science UNSW. "The influence of gruesome evidence on juror emotion and decision making." Publisher:University of New South Wales. Psychology, 2008. http://handle.unsw.edu.au/1959.4/41375.
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The programme of research described in this dissertation examines the potential prejudicial impact of gruesome evidence on mock juror decision making. The dissertation provides a model of the cognitive and emotional processes by which gruesome evidence can influence mock juror judgments. Five studies will be presented which have examined the influence of gruesome verbal (written) and visual evidence. Four studies utilised mock trial or simulation methodology utilising written trial transcripts and undergraduate students as mock jurors. Results suggest that gruesome evidence can cause emotional reactions in mock jurors and that mock jurors who are exposed to gruesome evidence are more likely to find the defendant culpable (in criminal cases) and liable (in civil cases). The studies evaluated a model which outlines the cognitive and affective processes by which gruesome evidence might influence juror emotion and decision making. Gruesome evidence presented verbally, such as verbal descriptions of the victim??s injuries, may bias juror decisions toward conviction. Increased estimates of the guilt of the defendant may result when gruesome information is present, especially when the inculpatory evidence is weak overall. Photographic evidence, irrespective of whether this evidence is neutral or gruesome, can increase the likelihood of conviction. Admitting gruesome photographic evidence, rather than excluding this evidence, may increase the inculpatory value that jurors ascribe to prosecutorial evidence via the influence of gruesome evidence on the emotional state of jurors. Further, although exposure to any photographs had similar effects on mock juror affect, emotional reactions to gruesome photographic evidence appeared to lead to changes in the assessment of evidence and to an increased likelihood of conviction or liability when compared with neutral and no photographs. The implications of the results for policy, practice and research are discussed.
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Macoubrie, Jane. "Decision logics in juries /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/8265.
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Rose, V. Gordon. "The incomprehensibility of jury instructions, a method and an example." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0025/MQ37623.pdf.
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Julian, Robert F. "The role of the judge and jury in complex trials." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28172.
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This thesis examines the mode of trial concerns in the U.S.A., New York State, California, England and Wales and Canada --specifically the ability of the jury to comprehend complex cases and the perception/reality that bench trials may not be as fair as jury trials. Defining complex cases as those involving serious fraud indictments, capital murder trials, and lawsuits or indictments against corporations and their managers, the thesis examines problems associated with jury trials in such cases. It evaluates the comparative law and customs and practices regarding the use of juries, emphasizing problems with jury selection, deficits in jury deliberation and post trial problems associated with jury verdicts. The thesis also evaluates the judge only trial, attempting to determine whether a state imposed non jury trial in a criminal case as is presently proposed in the England and Wales Parliament creates an unfairness to the defendant because bench trials significantly differ from jury trials in the application of the rules of evidence and in the role of the judge. The thesis reports on the results of a survey of New York State trial judges, a like survey of New York State lawyers, and the opinions of nine England and Wales judges authorized to try serious fraud cases who were interviewed regarding these issues. The surveys and interviews finds that there is a high degree of support for jury verdicts expressed by the judges, examines evidentiary and pretrial practices in both modes of trial and attempts to evaluate whether claims of procedural flaws and prejudice in bench trials by respected academics are accurate. The thesis concludes by affirming the competence of juries to try complex cases, proposing modifications to post jury verdict procedures to evaluate jury misconduct and advocating that the bench trial evidentiary rules and conduct rules become comparable to the jury trial. The thesis recommends that mode of trial choices be given to the defendant, advocates that when a bench trial is selected that peremptory challenges of the trial judge be permitted and postulates that these reforms will make the bench trial a more attractive alternative to the jury trial in complex cases.
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Couronne, Thierry. "Analyse statistique de la performance d'un jury en évaluation sensorielle." Rennes 2, 1997. http://www.theses.fr/1997REN20009.
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L'objectif de cette thèse est de proposer une méthodologie permettant d'analyser la performance d'un jury en évaluation sensorielle. Les données de référence utilisées sont les suivantes : J juges notent P produits via D descripteurs (=variables). L'angle d'analyse de la performance choisi est l'étude de l'homogénéité du jury. La méthodologie proposée met en oeuvre conjointement le modèle linéaire (analyse de la variance) et des méthodes de l'analyse des données multidimensionnelles (ACP et CAH). Une première partie décrit la problématique et les données. Elle résume les approches existantes de la performance. Une seconde partie présente des méthodes autour de quelques résultats originaux. Les données sont analysées descripteur par descripteur. Usuellement, l'homogénéité du jury est mesurée à partir des résidus (= interaction) du modèle additif a deux facteurs : réponse (du juge J sur le produit P) = effet du juge J + effet du produit P + résidu. Il est montre dans ce travail que, dans l'optique d'une analyse de la performance, il est préférable d'étudier les résidus du modèle comportant le seul facteur juge. Cette matrice des résidus donne lieu à une interprétation géométrique qui met en évidence un nuage de juges considérés en tant que variables (on s'intéresse à la fois aux angles entre les juges et à leur norme). Dans un premier temps, on définit une analyse factorielle de ce nuage dans laquelle on introduit une contrainte de contiguité. Dans un second temps, ce nuage est étudié à l'aide de classifications. L'angle d'analyse choisi conduit à définir : - une contrainte de contiguité "stricte" (i. E. Tous les couples de juges d'une même classe doivent vérifier la contrainte), - plusieurs critères d'agrégation. L'ensemble de l'expose est illustre a la fois par des exemples artificiels très simples et par des données réellesThe aim of this thesis is to develop a methodology to analyse assessors' performance in sensory evaluation. The data used are the following : J assessors note P products on d criteria (= variables) the study of the performance is focused on panel's homogeneity. The methodology suggested uses a linear model (analysis of variance) and multidimensionnal data analysis (PCA, classification). The first part describes problematics and data : a state of the art of performance is done. The second part shows some original results. The data are analysed criterion by criterion. Usually, panel homogeneity is measured from residuals (= interaction) of the two ways model : response (of assessor J on product P) = effect of assessor J + effect of product P + residual. This work shows that, in a performance target, it is better to analyse residual of one way model with only assessor effect. This matrix of residual leads to a geometric interpretation which points out a cloud of assessors considered as variables (angles and length are of interest). First, a factorial analysis of this cloud with a contiguity constraint is introduced. Secondly, this cloud is analysed by classification. The approach of the subject leads to : - a "strict" contiguity constraint (i. E. In a class, all the couples of assessors must verify the constraint), - several agregation criteria. The document is illustrated by convenient artificial examples and by true data
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Griffiths, Harriet Celia. "The jury of the Paris Fine Art Salon, 1831-1852." Thesis, University of Exeter, 2013. http://hdl.handle.net/10871/12221.
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This thesis provides the first detailed study of the jury of the Paris Fine Art Salon under the July Monarchy and Second Republic. In 1831, Louis-Philippe delegated the role of jury to the members of the first four sections of the Académie des Beaux-Arts. This thesis analyses the diverse composition of the July Monarchy jury and offers the first account of its procedures and decisions based on a rigorous examination of archival sources. It also examines the nature and extent of the growing opposition to the jury, its eventual abolition in 1848 and the decisions taken in forming a new jury under the Second Republic. In so doing it reveals the failure of the king and his arts administration to respond to the aspirations and expectations of the artistic community under the post-revolution constitutional monarchy. It also shows how the jury’s diverse membership sparked conflict, notably between a conservative group of architects and certain more open-minded members of the painting section, as it sought to adjust its academic values and expectations in response to the artistic developments of the period. My examination of the opposition to the jury among artists and art journalists during this period brings to light the key issues surrounding admission to the Salon at the time. Finally, the analysis of the Second Republic reveals the ways in which this opposition was temporarily satisfied by reforms to the jury, examining the significance of changes not only to its composition, but also to its procedures. At each stage the thesis challenges the simplistic misrepresentations of the Salon jury’s procedures and decisions prevalent during the July Monarchy itself and subsequently in the history of the emergence of modern art in France during the nineteenth century.
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Staggs, Sarah Marie, and Sarah Marie Staggs. "Evaluating the Effects of Pretrial Publicity on Mock-Jury Deliberations." Diss., The University of Arizona, 2017. http://hdl.handle.net/10150/625459.
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This study addresses individual and group-level effects of jury deliberation and decision making. Using a real case, this study tests pretrial publicity (PTP) effects over time, starting in the pretrial phase and evaluating for media effects throughout the mock-jury decision making process. The sample was composed of mock-jurors (N = 49 deliberating groups of five/six persons). Results address (1) a primacy effect of PTP exposure over time and general perceptions associated with the PTP exposure, (2) attributions of individual cognitive story and verdict preference confidence, and (3) juror- and jury-level characteristics associated with deliberation and communicative influence. Results reveal that the order in which participants saw PTP had differing effects on individual pre-deliberation decision making, but had no significant differing effects on final verdict decisions across groups. The only juror characteristic that had significant effects on the deliberation were perceived communicative influence, perceived participation, need for cognition, and motivation to process and discuss case evidence. In terms of discussing PTP in the deliberation, the only aggregated group effect on the verdict was trust in the jury system. Past research suggests that juries are formed to make unbiased decisions (Gastil, 2008), and in this case, jury deliberation potentially attenuated the presence of media bias.
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Saunier, Marie-José. "Le Jury criminel l'exemple de la Cour d'Assises du Nord /." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb376010598.
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Zhao, Xiaodong. "Orthonormal rational functions via the jury table and their applications /." View abstract or full-text, 2004. http://library.ust.hk/cgi/db/thesis.pl?ELEC%202004%20ZHAO.
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Thesis (Ph. D.)--Hong Kong University of Science and Technology, 2004.Includes bibliographical references (leaves 124-130). Also available in electronic version. Access restricted to campus users.
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Hall, James Patrick. "An Empirical Study of Appointed Counsel Effectiveness in Jury Trials." ScholarWorks, 2014. https://scholarworks.waldenu.edu/dissertations/61.
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Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part of the criminal justice system will be compensated for elsewhere in the system. Research questions focused on the success rates of publicly funded and privately retained counsel in jury trials in a large state district court in New England. Data were collected from court records and analyzed using tests of proportions and a binary logistic regression to determine the success rates of the types of counsel and whether appointed counsels' relative effectiveness changed after the compensation limitations were imposed in 2011. The results indicated that there was no significant difference in acquittal rates between counsel groups or for either counsel group before and after the imposition of the statewide compensation limits. Implications for positive social change include educating defendants on the effectiveness of publicly appointed counsel to enhance the trust within these attorney-client relationships, and improving the quality of discourse in legislative deliberations focused on weighing budget cuts to appointed counsel compensation with the risk to the fair administration of justice.
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Richard, Julie. "L'intime conviction du juge en matière criminelle." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD002/document.
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A travers le système de l’intime conviction les Constituants consacrent un système de liberté de la preuve àl’opposé du système de preuve légale en vigueur sous l’Ancien Régime. L’intime conviction repose sur lacertitude morale des jurés et fait appel à leur conscience citoyenne et religieuse. A la sanction légale lesConstituants ont substitué une sanction morale. Face à l’émergence des preuves scientifiques au XIXème siècle, lesystème de l’intime conviction, remis en cause, continue néanmoins d’incarner le système de preuve le plus à apteà découvrir la vérité et à protéger la liberté individuelle. Au cours de la période contemporaine, la perted’indépendance des jurés vis-à-vis des magistrats professionnels d’une part et l’introduction d’une motivation desarrêts de la cour d’assises d’autre part questionnent à nouveau le système de l’intime conviction. La pérennité dusystème de l’intime conviction suppose un renforcement du poids décisionnel des jurés dans le jugement de lacour d’assises et une revalorisation de leur rôle au cours du procès pénal. L’exigence de motivation de laculpabilité des arrêts de la cour d’assises instaurée par la loi du 10 août 2011 sur la participation des citoyens aufonctionnement de la justice et le jugement des mineurs se révèle minimale. Au regard des exigences du droit auprocès équitable, il convient d’une part de renforcer la motivation de la culpabilité et d’étendre d’autre part lamotivation des arrêts de la cour d’assises à la peine prononcée. L’intégration des exigences du droit au procèséquitable en matière de motivation dans notre procédure pénale, constitue une chance pour le système de l’intimeconviction, ainsi appelé à se renouvelerThrough the system of the firm conviction, the constituents consecrate a system of freedom of the proof opposite to the system of legal proof applicable under the former regime. The firm conviction is based on the moral certitude of the jurors and involves their civic and religious consciousness. The constituents have substituted the legal sanction by a moral sanction. With the emergence of scientific proofs during the XIXth century, the system of firm conviction, although challenged, however continues to embody the proof system that is the most suitable to discover the truth and protect individual freedom. Over the contemporary period, the loss of independence of jurors towards professional judges on one end and the introduction of the requirement of reasoning for the judgement of assize courts on the other end again question the system of the firm conviction. The sustainability of the system of the firm conviction implies a strenthening to the decisional power of the jurors in the judgement of the assize court and a revalorisation of the role of the jurors during criminal trials. The requirement of the reasoning leading to guilt in the judgement of the assize court established by the law of the 10th August 2011 on the partcipation of the citizens to the functioning of Justice and judgement of minors proves to be insufficient. Regarding the legal requirements for a fair trial, it is necessary to reinforce on one end the reasoning leading to guilt and to extend on the other end the requirement of reasoning to the sentence pronounced by the assize court. The integration of the legal requirements for a fair trial regarding the reasoning in our criminal proceedings represents a chance for the system of the firm conviction which is thus called to renew itself
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Warling, Diane Louise. "Are juveniles getting a fair trial?, the jury is still out." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ58995.pdf.
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Harvey, Bianca. "Mental illness and criminal responsibility assignment in mock jury decision-making /." Title page, table of contents and abstract only, 2004. http://web4.library.adelaide.edu.au/theses/09SPS/09spsh3411.pdf.
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Hall, Gina. "Prosecutorial discretion and plea bargaining: is there a jury trial penalty?" Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/396.
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As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed upon such a powerful position. While prosecutorial discretion has a broad base, the study was narrowed to specifically concentrate on discretion as it impacts plea bargaining and final dispositions. Additionally, an analysis of the data looks at whether or not a defendant faces jury trial penalty for exercising his/her constitutional right to a trial by jury. A statistical comparison was constructed using data collected with respect to specific murder and sexual battery statutes over a 24-month period. Based on the statistical data provided within the study, those individuals who accepted the plea deal offered by the state faced a far less severe punishment than those who opted to go to trial.B.A. and B.S.
Bachelors
Health and Public Affairs
Criminal Justice
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Curley, Lee John. "Is the jury still out? : the decision making processes of jurors." Thesis, Edinburgh Napier University, 2018. http://researchrepository.napier.ac.uk/Output/1254168.
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The current thesis aimed to identify the process through which jurors reach their decisions, and to investigate the factors that may make the trial by jury process unfair for the individuals involved in criminal trials (i.e., the defendant, the prosecution and the defence). An initial literature review highlighted that two separate threshold models may be able to explain the processes (i.e., both rational and intuitive) through which jurors reach their decisions: 1) the Diffusion Threshold Model and 2) the Counter Threshold Model. The first study investigated which model of juror decision making was appropriate. In this quasi-experiment, 60 participants took part, and made verdicts (of Guilty, Not Guilty and Not Proven) over nine vignettes. Participants were asked to rate the evidence as either Guilty, Not Guilty or Not Proven, and to state how likely (from 1-100) they thought it was that the defendant was guilty. After all the evidence had been presented, participants were asked to give a verdict. Then, participants were asked to state the last piece of evidence they needed to reach said verdict (symbolising the threshold). The results suggested that the Diffusion Threshold Model best explained the decision processes of jurors. The second study investigated if the reaching of a threshold caused confirmation bias and/or evidence distortion to occur, and if information interaction allowed said threshold to be reached. Each of the 108 participants listened to one vignette, which contained an opening statement, eight pieces of evidence (four prosecution and four defence) and two closing statements (one prosecution and one defence). Participants were asked to state their perceived likelihood of guilt in regard to the defendant after each piece of evidence. After all the evidence had been presented, participants were asked to give a verdict and to state the last piece of evidence they needed to give said verdict (symbolising the threshold). The results showed that information integration occurred throughout a trial, but the reaching of a threshold promoted confirmation bias. The third study looked to investigate potential factors that may have an impact on juror perceptions of guilt and the verdicts given by jurors. In this study, 128 participants listened to two vignettes. The vignettes were manipulated, and counterbalanced, for both the anchor (strong versus weak initial piece of evidence) and number of verdicts available (two-verdicts were available or three-verdicts were available with the additional Not Proven verdict) factors. Participants also completed the Pre-trial juror bias questionnaire (PJAQ), which allowed participants to be categorised according to their bias. The results highlighted that pre-trial biases did have an impact on the belief of guilt given, and 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. The findings in the current thesis have suggested that the Diffusion Threshold Model can adequately explain the process through which jurors reach their decisions, that individuals integrate information until they reach an appropriate threshold, that the reaching of a threshold can promote confirmation bias, and that extra-legal factors, such as pre-trial biases, can have an impact on juror perceptions of guilt. The results also highlighted that certain factors (i.e., thresholds that promote confirmation bias) may make the trial by jury process unfair for individuals (i.e., the defendant) who are involved in a criminal trial.