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Jury system evaluated
Jury system evaluated
Jury decision making essay
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Kassin and Sukel (1997) considered as an exemplary the verdict of the U.S. Supreme Court in Arizona v. Fulminante (1991), and performed two studies to determine whether a coerced confession which is admitted erroneously can be considered as "harmless error" or not. Participants- jurors read records of a murder trial having a confession which was elicited either in low or high pressure interrogation, and which was ruled admissible or inadmissible by the judge. A no-confession group as a control was also considered. As prescribed by law, jurors observed that high-pressure confession was less voluntary and reported that it had less influence on judges’ decisions. However, as for the verdicts, confession increased the conviction rate. On account of these results Kassin and Sukel (1997) suggested that appellate courts should be cautious in applying the harmless error rule to the admission of forced or coerced confessions and they should take care that coerced …show more content…
Jurors received one of five criminal trial cases titled State vs. Voluntariness was judged and it was perceived that 43% jurors perceived confession as voluntary. Self-reported influence was also observed and it was concluded that 34 % of the jurors admitted that confession had impact on their verdicts. Overall conviction rate was 23 %.
In the second experiment 80 students participated who were randomly assigned to one of five confession- high pressure, low pressure, admissible, inadmissible and no confession- group. Voluntariness was judged and it was perceived that overall 52% jurors perceived confession as voluntary. Self-reported influence was also observed and it was concluded that 48 % of the jurors admitted that confession had an impact on their verdicts. Overall, conviction rate was 45% as compared to 23% of the previous
Garrett, B. L. (n.d.). The Substance of False Confessions. Criminal Justice Collection. Retrieved November 23, 2010, from find.galegroup.com.uproxy.library.dc-uoit.ca/gtx/retrieve.do?contentSet=IAC-Documents&resultListType=RESULT_LIST&qrySerId=Locale%28en%2C%2C%29%3AFQE%3D%28su%2CNone%2C28%29%22Wrongful+Convictions+%28Law%29%22%3AAnd%3ALQE%3D%28RE%2CNone%2C3%29ref%24&sgHitCo
Arizona was not necessary to the decision. Justice Stevens both concurred and dissented in part of the judgments. Stevens claimed that recording the confession doesn’t mean it is involuntary or that it doesn’t follow the Due Process Clause. Stevens believed that Connelly’s incompetence to stand trial meant he could have been incompetent to waive his rights. Justices Brennan and Marshall dissented and also believed that Connelly’s mental state was a reasonable factor in determining the validity of his waiving of rights. They thought that a confession given by a defendant who is mentally ill is one not given under a clear state of mind and is not voluntary. Without his confession, officers would have never obtained valid evidence to convict him of murder. Due process requires independent collection of evidence that would contribute to a conviction. Since there was no police misconduct, the evidence gathered had to be because of Connelly’s free, voluntary, confession but he was not able to make an intellectual decision at that
The Supreme Court ruled that due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination Clause and Sixth Amendment right to an attorney unless a suspect has been made aware to his rights and the suspect had then waived them
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,...
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
Depending on what study is read, the incidence of false confession is less than 35 per year, up to 600 per year. That is a significant variance in range, but no matter how it is evaluated or what numbers are calculated, the fact remains that false confessions are a reality. Why would an innocent person confess to a crime that she did not commit? Are personal factors, such as age, education, and mental state, the primary reason for a suspect to confess? Are law enforcement officers and their interrogation techniques to blame for eliciting false confessions? Regardless of the stimuli that lead to false confessions, society and the justice system need to find a solution to prevent the subsequent aftermath.
The case of Miranda v. Arizona (384 U.S. 436 [1966]) is one of the most important cases in history. It brought about prominent rights that are still existent today in 2015 regarding interrogations and custody. The results of this case are still seen in the current criminal justice system. However, even though the rights that were given to the system by the court, there are still instances today in which these Miranda rights are violated. The concept of Miranda has evolved a lot from a court case to a code used by law enforcement during custodies and investigations.
To show an unbiased and educated examination of the five cases involving questionable interrogations, I will give information on the crime that occurred, the problems with the interrogations and other evidence, who is at fault for problems within the case, how the defendant was cleared (if he was), and the compensation and future changes that were a direct response to these cases provided that they occurred or are in the process of occurring. The five cases that I will examine involve the accused: George Allen, Hunter Johnson, Peter Reilly, Michael Crowe, and Reggie Clemons. Each case is significantly different yet showcases many acts of injustice within the justice system.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
... In a speech to the House of Lords in 1844 Lord Denman remarked: 'Trial by jury itself, instead of being a security to persons who are accused, will. be a delusion, a mockery and a snare. The question of juror competence remains a recurrent feature in both the research and policy. literature (Horowitz et al., 1996; Penrod & Heuer, 1997). Indeed, in the. 1998 the Home Office invited commentary on whether an alternative to the traditional jury system was appropriate for cases of serious fraud.
The book “12 Angry Men” by Reginald Rose is a book about twelve jurors who are trying to come to a unanimous decision about their case. One man stands alone while the others vote guilty without giving it a second thought. Throughout the book this man, the eighth juror, tries to provide a fair trial to the defendant by reviewing all the evidence. After reassessing all the evidence presented, it becomes clear that most of the men were swayed by each of their own personal experiences and prejudices. Not only was it a factor in their final decisions but it was the most influential variable when the arbitration for the defendant was finally decided.
In the criminal justice system psychologist play several roles, but in the jury selection process they serve as a consultant. This essay will provide three instances of psychological concepts and illustrate how they are applied to the determination of juries. The essay will also address a common ethical obligation confronting psychologist in the areas of corrections, law enforcement, court systems, and academia.
The quietness and patience juror 8 displayed caused tension amongst the other jurors creating careful and adequate (Flouri & Fitsakis, 2007, p.453) deliberations. Juror 8 's circle of influence (Covey, 2013) directly influenced the other jurors’ circle of concern (Covey, 2013) when forcing them to question their thought process. Juror 8 chose a collaborative negotiation (Budjac Corvette, 2007, p. 63) method when deliberating with the other jurors immediately handing down guilty verdicts for the defendant. Furthermore, juror 8 used his ACES to help the other jurors cross the creek (Budjac Corvette, 2007, p.