The effects of death qualification on jurors' predisposition to convict and on the quality of deliberation

This study provides a straightforward test of the proposition that people who are permitted to serve on juries in capital cases (death-qualified jurors) are more likely to convict a defendant than are people who are excluded from serving on capital juries due to their unwillingness to impose the death penalty (excludable jurors). A sample of 288 subjects classified as death-qualified or excludable under theWitherspoon standard watched a 2 1/2-hour videotape of a simulated homicide trial including the judge's instructions, and gave an initial verdict. Death-qualified subjects were significantly more likely than excludable subjects to vote guilty, both on the initial ballot and after an hour's deliberation in 12-person juries. Nine juries were composed entirely of death-qualified subjects (death-qualified juries), while 10 contained from 2 to 4 excludable subjects (mixed juries). On postdeliberation measures, with initial death-penalty attitudes controlled, subjects who had served on the mixed juries were generally more critical of the witnesses, less satisfied with their juries, and better able to remember the evidence than subjects from the death-qualified juries, suggesting that diversity may improve the vigor, thoroughness, and accuracy of the jury's deliberations.     

精神病人合同能力鉴定的相关问题

为了探讨精神病人合同能力鉴定的相关理论,解决合同能力鉴定中鉴定标准混乱的问题,对合同能力鉴定的法律基础、标准、民事行为能力与民事权利能力的区别, 民事行为能力的广义、狭义区分进行了论述.提出合同能力鉴定的核心问题是意思表示的真实性,主张将合同能力分为有、无两级,强调合同能力的分级与民事行为能力的等级存在区别.并提出合同能力鉴定的程式为:首先判定其行为能力,有行为能力相应具有合同能力, 无行为能力即无合同能力,限制民事行为者,应根据年龄、智力、精神健康状况、生活关联度,再分为有合同能力、无合同能力.     

精神病人合同能力鉴定的相关问题

为了探讨精神病人合同能力鉴定的相关理论 ,解决合同能力鉴定中鉴定标准混乱的问题 ,对合同能力鉴定的法律基础、标准、民事行为能力与民事权利能力的区别 ,民事行为能力的广义、狭义区分进行了论述。提出合同能力鉴定的核心问题是意思表示的真实性 ,主张将合同能力分为有、无两级 ,强调合同能力的分级与民事行为能力的等级存在区别。并提出合同能力鉴定的程式为 :首先判定其行为能力 ,有行为能力相应具有合同能力 ,无行为能力即无合同能力 ,限制民事行为者 ,应根据年龄、智力、精神健康状况、生活关联度 ,再分为有合同能力、无合同能力。     

An analysis of the relationship between jurors' personal attributes and decision making

Using a survey from a jury simulation study, this study examines the relationship between jurors' personal and social attributes and their decision-making behavior. The hypothesis is examined whether personal attributes and socialization of jurors have any significant effect on their decision-making behavior. The analysis suggests that personal and/or social attributes of jurors have little, if any, impact on their decision-making behavior. Instead, jury instruction and information about the matter appear to be major influence contributors. Additionally, evidence presented during the trial and knowledge of law have significant effects upon how jurors decide cases and give verdicts. Author's Note: Suman Kakar, Ph.D., is associate professor at Florida International University, College of Health and Urban Affairs. She conducts research in the areas of juvenile delinquency, child abuse, family dynamics, minorities, and the prevention of violence. She has published two books,Child Abuse and Delinquency (1996) andCriminal Justice Approaches to Domestic Violence (1998).     

"Dr. Death" and the case for an ethical ban on psychiatric and psychological predictions of dangerousness in capital sentencing proceedings

Psychiatric and psychological predictions of dangerousness are used in a number of American jurisdictions to convince a judge or jury that a convicted murderer should be sentenced to death. Empirical research has demonstrated, however, that psychiatric and psychological predictions of dangerousness generally are inaccurate. This Article describes the current use of such predictions in capital sentencing hearings and examines their status under existing professional codes of ethics. It argues that the rendering of these predictions by psychiatrists and psychologists is contrary to the scientific and healing traditions of their professions and urges psychiatrists and psychologists to adopt an ethical ban on predictions of dangerousness in the capital sentencing context.     

A comparison of the ability of experts and non-experts to differentiate between adult and child human bite marks using receiver operating characteristic (ROC) analysis

Fifty colour prints of human bite marks were sent to 109 observers who were asked to decide using a six point rating scale, whether the marks had been produced by the teeth of an adult or a child. The observers consisted of accredited senior forensic dentists, accredited junior forensic dentists, general dental practitioners, final year dental students, police officers and social workers. The results were compared against a “gold standard” which was the actual verdict from the case. Comparison of the results between the groups of observers and the standard was made using Receiver Operating Characteristics (ROC) methodology. The best decisions were made by senior/junior experts or final year dental students. General dental practitioners and police officers were least able to differentiate correctly between adult and child bite marks. The effect of training is important and its effects need to be assessed in more detail in future studies.     

Ideology and dangerousness: The case of Lisa Colleen neve

On November 17, 1994, a superior court judge in Alberta, Canada, declared that Lisa Neve was a dangerous offender (DO) and sentenced her to serve an indeterminate (life) term. A young Aboriginal prostitute, she had been in and out of psychiatric institutions and jails since a teenager; and was before the court for sentence on a robbery and assault with a weapon charge. Using a case study approach, this essay explores the issues of class conflict, racism, sexism, and sociology of psychiatric diagnosis. Her DO designation was subsequently reversed on appeal, revealing the fortuitous intersection of race, gender, and class.     

死因鉴定意见审查判断规则之反思与重塑

司法实践中,存在多份重复性甚至冲突性死因鉴定意见的刑事个案频发,确认死因往往成为核心争点,如何审酌鉴定意见证据、认定实体事实继而成为法庭裁判的重心.但现行法并未识别死因鉴定意见较之其他类鉴定意见的特殊之处,以致一般性审查判断规则在具体适用中显得僵化.法庭对死因鉴定意见的“遵从”导致质证缺乏对抗性;死因鉴定意见所隐含的经验性、知识性、传闻性表明其并不自证其可靠性;死因鉴定意见具有间接证明属性,自身无法充足对死亡相关事实的完整证明,需要结合其他证据进行综合审查判断;死因鉴定意见要求鉴定人对尸检过程、尸检操作规程、意见作出的依据及意见认定等作出解释说明.为此,有必要在反思现行法不足的基础上,重塑死因鉴定意见审查判断的体系性规则:以审判中心主义为统摄性要求;确立被告人对质权,使其有权质疑并挑战控方证明;鉴定人出庭就死因鉴定意见做出解释与说明,此为死因鉴定意见可采性的程序性要件;明确专门知识人及其意见在诉讼中的地位和作用,使其成为增强质证充分性、有效性的手段.     

The relationship between intent,consequences, the dangerousness of the victim,and blame: The case of self-defense

Abstract

The way in which, in the special case of self-defense, intent to harm, consequences of the negative act and information regarding the dangerousness of the victim were integrated in a judgment of blame was studied. The sample consisted of men on the street, and also of two sub-populations directly concerned with the special issue of self-defense: police officers and prisoners. Overall, the way in which information was integrated appeared to conform to the proposed model: Blame = f [(Intent + Consequences) × Dangerousness]. The strength of the main effects and of the interactions were, however, extremely variable from one participant to another. A noticeable effect of dangerousness was observed in only onethird of the men on the street and the prisoners, and in only one police officer out of 19.     

Carney v Newton: expert evidence about the standard of clinical notes

In Carney v Newton [2006] TASSC 4 the Tasmanian Supreme Court heard a claim that the defendant breached his duty of care by failing to properly diagnose and treat a node positive carcinoma in the plaintiff's breast tissue. At trial, argument turned on the actual dialogue that took place during the initial consultation, with significant reliance on the clinical notes of the defendant. The court gave considerable weight to "expert" witnesses in ascertaining the acceptability of the defendant's conduct concerning the maintenance and interpretation of his clinical notes. This raises important questions in relation to proof of quality of medical records as part of the current professional standard of care, as modified by recent legislation in most jurisdictions.     

Application of discriminant analysis to differentiate between incorporation of cocaine and its congeners into hair and contamination

The requirement to differentiate between incorporation and external contamination of drugs into hair is undisputed, in particular when dealing with compounds which are administered by sniffing or inhalation (e.g. cocaine). With the aim of making this discrimination, hair samples from cocaine (COC) users (group IN) and seized cocaine samples (group OUT) were compared regarding the parameters benzoylecgonine (BZE), ecgonine methyl ester (EME), ecgonine (ECG), anhydroecgonine methyl ester (AEME), cocaethylene (CE) and norcocaine (NCOC). Since most of these compounds may be minor by-products of COC or be formed by biotransformation or chemical degradation, the stability of each substance was carefully examined. COC was found to be converted into significant amounts of BZE, EME and ECG even under mild extraction conditions, while traces of NCOC proved to be a ubiquitous by-product of COC. Cocaine positive hairs and seized cocaine samples (diluted to relevant concentrations) were equally preprocessed and analyzed by LC-MS-MS. Out of the metabolites listed above, NCOC, CE and AEME (each normalised to COC) were significantly increased in the incorporation group (i.e. hair samples from cocaine users). Based on this approach, a statistical discriminant analysis enabled us to make a prediction (and estimation of uncertainty) for each cocaine positive hair sample as to its likelihood of belonging to the group of cocaine users or of being contaminated.     

Sexual recidivism: A review of static,dynamic and actuarial predictors

The need for accurate risk assessment of sexual offence recidivism has never been greater. It is widely accepted that actuarial risk instruments outperform clinical judgement and the literature has recently witnessed a surge of empirically derived actuarial measures. However, in spite of the increased levels of predictive accuracy, actuarial measures have been criticized as being unrepresentative, lacking specificity, and being heavily reliant on static risk factors without taking into account dynamic risk, psychological emotional states and treatment effects. Rather than offering a critique of the actuarial movement, this paper offers a summary of static and dynamic risk factors associated with sexual offence recidivism as identified from the literature. Implications of incorporating dynamic factors into risk assessments and actuarial measures are discussed.