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Criminal Cases (criminal + case)
Selected AbstractsLaw and the Image of a Nation: Religious Conflict and Religious Freedom in a Brazilian Criminal CaseLAW & SOCIAL INQUIRY, Issue 1 2001Eric W. Kramer This article examines a criminal trial in Brazil that touched on the imagined role of religion in public life. The case involved a Protestant minister accused of religious discrimination and of vilipending an image of Nossa Senhora Aparecida, the patron saint of Brazil. The prosecution argued and the court concurred that the minister's iconoclastic verbal and physical gestures endangered the constitutional guarantee of religious freedom. Yet the defense claimed that his actions, stemming from his religious convictions, expressed this same principle of freedom. Different visions of religious free-dom are at stake in the case as well as how such freedom relates to the rights and private lives of citizens. Placed in the history of church-state relations in Brazil, the case raises the problem of interpreting concepts of religious pluralism, religious freedom, and freedom of expression in Brazilian law. [source] Belief in a Just World and Jury Decisions in a Civil Rape TrialJOURNAL OF APPLIED SOCIAL PSYCHOLOGY, Issue 5 2000Linda A. Foley When people's belief in a just world (BJW) is challenged, it can be restored by attributing blame to the victim or alleviating the victim's suffering. In criminal cases, jurors can attribute responsibility to victims, but cannot alleviate suffering. Participants (n= 106) heard a taped civil rape case. The effect of age of plaintiff, gender of participant, and type of participant on mock jurors' reactions to a plaintiff were examined. Participants evaluated responsibility of plaintiff and awarded monetary damages. It was hypothesized that, given this opportunity to compensate the victim, jurors would be less likely to derogate the victim. As hypothesized, women with high and low BJW attributed the same level of responsibility to the plaintiff but those with a high BJW awarded more monetaly damages. Men with high BJW awarded much less in damages than did men with low BJW. The just-world theory appears to explain many of the decisions made by mock jurors. [source] The Dilemma of the Criminal Defendant with a Prior Record,Lessons from the Wrongfully ConvictedJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2008John H. Blume This article examines the conventional wisdom that innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrate that factually innocent defendants with criminal records do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? Ninety-one percent of factually innocent defendants with prior records declined to testify compared to the 55 percent rate at which defendants with prior criminal records declined to testify in a four-county sample of criminal cases. Why the difference? In the innocence cases, the primary reason counsel give for not taking the stand is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record, and that, despite any limiting instruction the court might give, the jury would infer that they were guilty based on their prior misdeeds. If one assumes that the defendants in a four-county sample are guilty, and that both the innocence sample and the four-county sample are reasonably representative, then there is a statistically significant association between defendants with criminal records failing to testify and innocence. Because the current legal regime appears to disproportionately discourage defendants, even factually innocent defendants, from telling their story at trial, the law should be changed. Only prior convictions for perjury should be potentially available for impeachment purposes. [source] Estimating the Accuracy of Jury VerdictsJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 2 2007Bruce D. Spencer Average accuracy of jury verdicts for a set of cases can be studied empirically and systematically even when the correct verdict cannot be known. The key is to obtain a second rating of the verdict, for example, the judge's, as in the recent study of criminal cases in the United States by the National Center for State Courts (NCSC). That study, like the famous Kalven-Zeisel study, showed only modest judge-jury agreement. Simple estimates of jury accuracy can be developed from the judge-jury agreement rate; the judge's verdict is not taken as the gold standard. Although the estimates of accuracy are subject to error, under plausible conditions they tend to overestimate the average accuracy of jury verdicts. The jury verdict was estimated to be accurate in no more than 87 percent of the NCSC cases (which, however, should not be regarded as a representative sample with respect to jury accuracy). More refined estimates, including false conviction and false acquittal rates, are developed with models using stronger assumptions. For example, the conditional probability that the jury incorrectly convicts given that the defendant truly was not guilty (a "Type I error") was estimated at 0.25, with an estimated standard error (s.e.) of 0.07, the conditional probability that a jury incorrectly acquits given that the defendant truly was guilty ("Type II error") was estimated at 0.14 (s.e. 0.03), and the difference was estimated at 0.12 (s.e. 0.08). The estimated number of defendants in the NCSC cases who truly are not guilty but are convicted does seem to be smaller than the number who truly are guilty but are acquitted. The conditional probability of a wrongful conviction, given that the defendant was convicted, is estimated at 0.10 (s.e. 0.03). [source] The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State CourtsJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004Marc Galanter This article traces the decline in the portion of cases that are terminated by trial and the decline in the absolute number of trials in various American judicial fora. The portion of federal civil cases resolved by trial fell from 11.5 percent in 1962 to 1.8 percent in 2002, continuing a long historic decline. More startling was the 60 percent decline in the absolute number of trials since the mid 1980s. The makeup of trials shifted from a predominance of torts to a predominance of civil rights, but trials are declining in every case category. A similar decline in both the percentage and the absolute number of trials is found in federal criminal cases and in bankruptcy cases. The phenomenon is not confined to the federal courts; there are comparable declines of trials, both civil and criminal, in the state courts, where the great majority of trials occur. Plausible causes for this decline include a shift in ideology and practice among litigants, lawyers, and judges. Another manifestation of this shift is the diversion of cases to alternative dispute resolution forums. Within the courts, judges conduct trials at only a fraction of the rate that their predecessors did, but they are more heavily involved in the early stages of cases. Although virtually every other indicator of legal activity is rising, trials are declining not only in relation to cases in the courts but to the size of the population and the size of the economy. The consequences of this decline for the functioning of the legal system and for the larger society remain to be explored. [source] Keeping Our Ambition Under Control: The Limits of Data and Inference in Searching for the Causes and Consequences of Vanishing Trials in Federal CourtJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004Stephen B. Burbank This article offers some reflections stimulated by Professor Galanter's materials, which were the common springboard for the Vanishing Trials Symposium. It suggests that other data, quantitative and qualitative, may be helpful in understanding the vanishing trials phenomenon in federal civil cases, notably data available for years prior to 1962, and questions whether it is meaningful to use total dispositions as the denominator in calculating a trial termination rate. The article argues that care should be taken in using data from state court systems, as also data from criminal cases, administrative adjudication, and ADR, lest one put at risk through careless assimilation of data or muddled thinking a project quite difficult enough without additional baggage. The article describes the limitations of data previously collected by the Administrative Office of the U.S. Courts and highlights unique opportunities created by the AO's switch to a new Case Management/Electronic Case Files system. It argues that Professor Galanter may underestimate the influence of both changing demand for court services (docket makeup) and of changing demand for judicial services (resources) on the trial rate. Finally, the article argues that conclusions about either the causes or consequences of the vanishing trials phenomenon in federal civil cases are premature, suggesting in particular reasons to be wary of emphasis on "institutional factors" such as the discretionary power of first-instance judges and the ideology of managerial judging. [source] Handmade Guns in Trabzon, TurkeyJOURNAL OF FORENSIC SCIENCES, Issue 4 2009Riza Yilmaz M.D. Abstract:, A wide variety of handmade firearms have been involved in criminal cases in the city of Trabzon, Turkey. Although they are often very similar to commercially manufactured firearms in terms of design, loading and locking mechanisms, and cocking and firing arrangements, these guns are constructed from cheap materials and are not safe for firing. Handmade firearms manufactured in the Black Sea region of Turkey, particularly in the city of Trabzon, are similar to pistols manufactured by Browning, Luger, Star, Smith and Wesson, Berretta, and MAB. A total of 201 handmade guns referred to the Criminal Police Laboratories for examination from 2003 to 2005 were evaluated with respect to type, number of barrels, size and caliber, rifling, design, mechanism, operability, legality, and similarity to commercial models. We found that most of these handmade guns resembled commercial models in several aspects. [source] Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving ExperimentLAW & SOCIETY REVIEW, Issue 3 2007Tom R. Tyler Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented. [source] Identification: A continuing problem for law and psychology, Witness identification in criminal cases.APPLIED COGNITIVE PSYCHOLOGY, Issue 5 2010No abstract is available for this article. [source] What US prosecutors and defence attorneys know and believe about eyewitness testimonyAPPLIED COGNITIVE PSYCHOLOGY, Issue 9 2009Richard A. Wise The present study compared what prosecutors and defence attorneys know about eyewitness testimony, what they believe jurors know about eyewitness testimony, and what legal safeguards they think are necessary to educate jurors about eyewitness factors. A total of 73 prosecutors and 1184 defence attorneys completed a survey about eyewitness testimony. Both groups of attorneys had extensive experience practicing law and trying criminal cases. Prosecutors were significantly less knowledgeable than the defence attorneys on almost every issue including the weak relationship between eyewitness confidence and accuracy at trial, jurors' inability to distinguish between accurate and inaccurate eyewitnesses and the benefits of sequential lineups. The prosecutors were less willing than the defence attorneys to permit eyewitness expert testimony and were less sceptical of jurors' knowledge of eyewitness testimony. We highlight issues from the survey that are relevant to the training of prosecutors and defence attorneys about eyewitness testimony. Copyright © 2008 John Wiley & Sons, Ltd. [source] A mind to blame: new views on involuntary acts,BEHAVIORAL SCIENCES & THE LAW, Issue 5 2003Deborah W. Denno J.D., Ph.D. This article examines the legal implications linked to recent scientific research on human consciousness. The article contends that groundbreaking revelations about consciousness expose the frailties of the criminal law's traditional dual dichotomies of conscious versus unconscious thought processes and voluntary versus involuntary acts. These binary doctrines have no valid scientific foundation and clash with other key criminal law defenses, primarily insanity. As a result, courts may adjudicate like individuals very differently based upon their (often unclear) understanding of these doctrines and the science that underlies them. This article proposes a compromise approach by recommending that the criminal law's concept of voluntariness consist of three parts: (i) voluntary acts, (ii) involuntary acts, and (iii) semi-voluntary acts. The semi-voluntary acts category, which is new, incorporates modern ideas of consciousness and also advances the law. Using some actual criminal cases, this article applies this new three-part grouping and demonstrates how it enhances a more just outcome for defendants, victims, and society. Copyright © 2003 John Wiley & Sons, Ltd. [source] | |||||||||||||