Case Study of the Presumption of Guilt by Jurors PDF Download

Author: Robert Buckhout
Publisher:
ISBN:
Category : Jury
Languages : en
Pages : 640

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Book Description

Author: Anthony Gray
Publisher: Lexington Books
ISBN: 1498554113
Category : Political Science
Languages : en
Pages : 209

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Book Description
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

Author: Matt Dalton
Publisher: Simon and Schuster
ISBN: 0743286952
Category : Law
Languages : en
Pages : 209

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Book Description
What the jury never knew about Laci Peterson's murder and why Scott Peterson should not be on death row.

Author: Richard L. Lippke
Publisher: Oxford University Press
ISBN: 0190469196
Category : Law
Languages : en
Pages : 289

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Book Description
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.

Author: Sarah Ross Fishel
Publisher:
ISBN:
Category : Jury
Languages : en
Pages : 0

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Book Description
The American legal system is built on a foundation of basic assumptions: one being that defendants receive a fair trial, and a second being that they are presumed innocent until proven guilty during that trial. However, much of the current research on mock jurors has assumed that the questions asked during jury selection (voir dire) accurately detect problematic biases and exclude those jurors from service. The current study directly tested this assumption with jury-eligible community members, asking whether the presumption of innocence holds based on the little information that potential jurors receive regarding a case during voir dire (e.g., the crime charged and the names of the defendant and victim) and without specific instructions regarding the assumption, which are usually given just prior to the beginning of the trial. To target potential biases based on stereotype while allowing for meaningful interpretation of the results, only the crime (rape or homicide) and the stereotyped name (targeting reactions based on race [Black or white] and gender [male or female]) of the defendant were manipulated. Results were conflictual, but generally indicated no differences in mock juror assessment of legal and factual innocence, or confidence in their assessment, based on the information provided. However, though mock jurors generally endorsed an understanding of the presumption of innocence in which the defendant should be assessed to be 100% innocent of the charged crime, juror assessments of legal and factual innocence reflected greater ambiguity towards defendant innocence - largely placing their assessment of innocence at 50%. These results contradict some of the earlier research on the subject and support the need for additional and more nuanced research into the impact of early juror biases on ultimate legal outcomes in criminal cases.

Author:
Publisher:
ISBN:
Category : Instructions to juries
Languages : en
Pages : 16

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Book Description
... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...

Author: Glanville Llewelyn Williams
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 346

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Book Description

Author: Mark Findlay
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 266

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Book Description

Author: Neil Brewer
Publisher: Guilford Publications
ISBN: 1462532349
Category : Psychology
Languages : en
Pages : 529

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Book Description
From the initial investigation of a crime to the sentencing of an offender, many everyday practices within the criminal justice system involve complex psychological processes. This volume analyzes the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Factors that influence decision making by jurors and judges are examined as well. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.

Author: Lynn Buchanan
Publisher:
ISBN: 9781876045319
Category : Jury
Languages : en
Pages : 29

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Book Description
Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.