Beliefs about secondary confession evidence: a survey of laypeople and defense attorneys

We surveyed students, community members, and defense attorneys regarding beliefs about secondary confession evidence (i.e. when a third party tells authorities that a person has confessed to him or her) from jailhouse informants and other sources. Results indicated that laypeople perceive secondary confessions as less credible than other types of evidence (e.g. forensics, DNA, eyewitness testimony), and they are knowledgeable about factors that may influence the veracity of secondary confessions, such as incentives or previous testimony. However, they underestimated or were uncertain about how persuasive secondary confessions would be to themselves or other jurors. Compared to laypeople, defense attorneys were more sensitive about issues affecting the reliability of secondary confessions.     

论我国供认自愿性规则的构建

自白任意性规则为英美法和大陆法所公认,我国刑事诉讼法虽有类似规定,但实体规定粗疏并缺乏程序保障措施,应明确供认自愿性的含义并从实体和程序两个方面来构建我国供认自愿性规则。     

Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength

The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.     

The CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations

ABSTRACT

The present research examined the CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations using a 3 (Crime Drama Viewing: low, moderate, high)?×?3 (Evidence: DNA innocent, DNA guilty, no DNA control) design. A sample of 178 jury-eligible college students read a case of breaking and entering. Pre-deliberation, some support for a CSI Effect was found with high viewers’ extent of guilt ratings significantly lower than moderate and low viewers’ in the no DNA control and the DNA innocent conditions. This effect was not present for verdicts. Contrary to a CSI Effect, crime drama viewing was not related to guilt judgments with incriminating DNA evidence. A content analysis of comments made during deliberations found little support for the CSI Effect entering the jury room. Specifically, CSI Effect predictions were not supported when examining the discussion of DNA evidence, expressing DNA opinions, or mentioning missing evidence. Overall, the limited CSI Effect found for individuals was attenuated during deliberation. The alarm raised over a possible CSI Effect influencing jury decision making may be unwarranted.     

Perceived infallibility of detection dog evidence: implications for juror decision-making

This study focuses on the trust that potential jurors have in unsubstantiated evidence and the implications of such trust for legal decision-making. We examined whether participants’ motivation to think deeply (‘need for cognition,’ NC) and belief in science moderated their trust in potentially fallible detection dog evidence when selecting a verdict in a trial scenario. A detection dog twice indicated the presence of drugs in the scenario, yet no drugs were actually found. Those who chose a guilty verdict without drugs present featured stronger beliefs in detection dog evidence. They were also more confident that a dog alert indicated the presence of drugs, even though the scientific literature actually shows that detection dog evidence is subject to biases and other challenges to reliability. Our findings indicate that an unsubstantiated belief and trust in detection dog evidence may negatively influence juror decision-making, which may, in turn, pose consequences for fairness and justice. Participants believed that detection dogs provide powerful and reliable evidence, and these beliefs were clearly associated with stronger beliefs in science. These findings, therefore, raise serious concerns about jurors’ indiscriminate trust in forensic evidence, be it detection dog evidence or other lines of evidence presented in court.     

计算机犯罪中的电子证据研究

随着计算机技术的推广运用 ,计算机犯罪不断发展变化。证实计算机犯罪最主要的证据是电子证据。电子证据具有技术性、易变性、隐蔽性和虚拟性的特点 ,属于书证。直接言词规则、最佳证据规则及我国现行法律规定并不影响电子证据的证据价值。电子证据要通过客观性、相关性和合法性的查证。     

Comparing the effects of explicit and implicit false-evidence ploys on Mock Jurors' verdicts,sentencing recommendations,and perceptions of police interrogation

In police interrogation, an explicit false claim to have evidence raises important legal and constitutional questions. Therefore, some interrogation manuals recommend implicit false-evidence ploys (FEP) that ask suspects about potential evidence without making a direct claim to possess the evidence. Similar to the hypotheses in a recent study of implicit FEP and confession rates, we hypothesized that individuals would perceive implicit FEP as less coercive and deceptive when compared to explicit FEP that involve direct claims of false evidence. Although mock jurors rated all FEP as highly deceptive and coercive and as more deceptive than controls, we found that participants did not view implicit and explicit FEP differently and that ploy specificity (implicit or explicit) failed to affect verdicts or recommended sentences. These findings suggest that although interrogation trainers and scholars in law and psychology discriminate between the methods, jurors do not.     

被告人口供证据规则之完善

我国刑事诉讼法中有关被告人口供的规定过于抽象,操作性差,缺乏完备的证据规则,难以保障口供发挥应有的作用。因此,必须建立有关证据能力方面的任意性和非法证据排除规则以及有关证明力方面的补强规则,完善我国被告人口供证据规则。     

论我国的供述排除规则及其程序配置

供述排除规则是非法证据排除规则中最重要的组成部分,也是当下刑事诉讼中非法证据排除规则立法中的主要内容。当下的供述排除规则缺乏可操作性,未来的供述排除规则建构需要寻求科学的理论支撑,并着眼于建构可行的、具有可操作性的程序性裁判机制。     

论电子数据提取笔录的属性与适用

电子数据的获取程序是否规范直接影响电子数据真实性的认定。电子数据提取笔录由于能够客观反映电子数据获取的过程而成为对电子数据进行鉴真的重要依据,它既能够连接电子数据与案件事实,又反映了取证过程的合法性和保管链条的完整性。从属性上看,电子数据提取笔录具有独立的证据属性,它不仅有别于物证、书证和证人证言,而且有别于其他笔录类证据。对电子数据提取笔录的证据资格和证明力的判断也具有特殊性。当前,可通过同步录音录像、引入外部监督、明确制作人员义务等方式规范电子数据提取笔录的适用。     

自白补强规则比较研究

对自白进行补强是限制自白证明力和遏制非法取证的必要手段。本文对美国和日本自白补强规则中的补强证据证明对象、证据能力和证明程度以及共犯自白等方面进行了比较,认为补强证据应当具有证据能力,它不仅可以补强自白,还应当能够证明案件事实,并且应达到相当的证明程度。我国的自白补强规则极不完善,需要进一步改进。     

我国法律对待口供的应有立场

我国法律应当对现有法律进行完善与改革,对犯罪嫌疑人、被告人口供采取以下立场:合理界定口供,口供只包括供述;应当合法取证,对非法口供应当排除;不能轻信口供,确立口供补强规则;充分使用口供,重视口供扫诉讼功能;废除刑事诉讼法第93条关于如实供述义务的规定,确立沉默权制度。首次全面论述了我国法律对待口供的应有立场,纠正了存在于司法实践中对口供看法上的偏见和片面看法。     

玻璃破碎的物证分析研究

玻璃碎片及形态是案发现场常见的物证形式,开展对玻璃的物证分析研究,能够确定玻璃的来源与种类,推断玻璃破碎原因等,为案件的取证、重建和侦破提供线索和证据。简要介绍了常见玻璃的种类,分析了玻璃破碎的根本原因,总结了低速冲击和高速冲击下玻璃破碎的形态特征,还从玻璃碎片收集和检验两个方面探讨了玻璃实体物证的分析。     

试析纪检口供的证据效力

当前,在查办贪污、贿赂、挪用公款等职务犯罪案件中,被告人翻供的情况比较突出。在此情况下,可否以纪检口供直接定案,成为司法实践中十分棘手的问题。通过考证现行立法及有关证据法理论,发现纪检口供并不具有刑事诉讼的证据能力,不能直接作为刑事诉讼证据。要解决这一司法难题,必须对现行反腐体制进行改进。     

Validation of the factor structure and predictive validity of the Forensic Evidence Evaluation Bias Scale for robbery and sexual assault trial scenarios

In order to investigate the role of pre-trial attitudes about forensic science in juror decision-making, a previous study demonstrated the predictive validity of the Forensic Evidence Evaluation Bias Scale (FEEBS), using a murder trial scenario, which featured ambiguous prosecution DNA evidence. The current study validates the FEEBS using two new crime types and the conditions include a manipulation of the presence of DNA evidence in the trial scenario. The FEEBS successfully predicted mock jurors' perceptions of the probative value of DNA evidence for both robbery and sexual assault trials. The two subscales of the FEEBS were demonstrated to have different predictive ability depending on the presence or absence of DNA evidence. A confirmatory factor analytic technique was used to validate the underlying two-factor structure of the FEEBS, as previously proposed. These results are discussed with reference to the CSI Effect literature, and the potential for improvement to less empirically supported voir dire questioning techniques.     

论“混合制”陪审模式的建立

人民陪审制在我国是舶来品,其建立的基本理念主要有两个方面:一是实现人民参与国家政权的管理和司法民主;一是通过人民陪审员的参与,实现准确认定案件事实、适用法律的目的。我国目前人民陪审制的实际运行与以上两个理念冲突,无法实现人民陪审制的功能。在审判方式改革日益深入的当今时代,英美国家的陪审制对我国人民陪审制的完善具有一定的借鉴意义。为此,我国的人民陪审制改革应在立足人民陪审员对法律适用具有一定的发言权的基础上,借鉴英美陪审制的合理因素,建立我国混合式的人民陪审制。     

Some individual differences in perception of the evidence and the verdict choice

Abstract

For the last century, social research has provided evidence that contradicts the idea of objectivity in judicial procedure. As a result, research on jurors' potential bias has emerged. We propose an alternative to traditional jury, one in which social researchers collaborate with judges and lawyers, providing them with information on the juror bias. Legal authoritarianism is one of the characteristics of personality, which seems to be linked to juror verdicts. We present two studies, which develop a specific measure for this variable. The first study shows the relevance of legal authoritarianism as a variable to describe the psychological profile of juror-eligible respondents. The second study explores the relationship between legal authoritarianism and interpretation of the evidence, as well as the potential of this variable to predict verdicts.