Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt

The standard of proof, beyond reasonable doubt (BRD), serves as a threshold for reaching verdicts in criminal cases. Past research has demonstrated that factors such as the wording of judicial instructions defining the standard can influence people's interpretation of it. In addition, there is some concern that instructions may not be effective for the wider jury-eligible population. In an experimental study involving members of the general public, we examined the effect of two commonly used judicial instructions (i.e. sure and firmly convinced) against a situation when BRD was undefined, on people's quantitative interpretations of BRD as well as on their self-reported understanding of the standard and confidence in applying it. We also explored the effect of juror characteristics (i.e. gender, age and education). Compared to when the standard was undefined, the sure instruction helped to reduce inter-individual variability in interpretations of BRD and the firmly convinced instruction increased people's understanding of the standard. However, neither instruction was effective in increasing confidence in applying the standard or in reducing observed individual differences. These findings underscore the importance of developing evidence-based judicial instructions that can benefit the broad jury-eligible population equally and in a variety of ways.     

Non-biased lineup instructions do matter – a problem for older witnesses

Abstract

From the limited literature on older witnesses’ identification performance it is known that they are less accurate on lineups compared to younger witnesses. What is less certain is why they show this age deficit and what can be done to aid their performance. Witnesses forgot being given non-biased lineup instructions informing witnesses that the perpetrator may or may not be present. More older witnesses than younger witnesses forgot and witnesses who failed to report remembering these instructions were significantly less accurate on the lineups. In addition, the current study investigated the use of sequential lineup presentation and stringent decision criteria to aid the performance of older witnesses. Sequential presentation was beneficial to both younger and older adults when the lineup was target absent (TA) but was detrimental when the lineup was target present (TP). Stringent decision criteria had no significant beneficial effect. Future directions for aiding older witnesses’ performance are discussed.     

The effects of target discriminability and criterion placement on accuracy rates in sequential and simultaneous target-present lineups

Abstract

Participants attempted to select previously studied faces from lineups that were administered either sequentially (test faces presented one at a time) or simultaneously (test faces presented altogether). Target discriminability was manipulated by varying the number of facial features that could be used to distinguish the study face from the other test faces (foils) or by varying study face exposure duration. In addition, decision criterion level was manipulated via an instruction manipulation. Results indicated that sequential participants adopted a stricter decision standard under high criterion instructions compared to simultaneous participants. Under liberal criterion setting instructions, the rate at which the target was selected was comparable across lineup procedures. Target discriminability affected target selections to a greater extent in simultaneous compared to sequential lineups. We discuss the applied implications that these findings have regarding correct identifications from lineups.     

论对"等待批示执法症"的法理思考

近年来，“等待批示执法症”已成为部分地方政府和执法部门易患的常见病①。“等待批示执法症”是在新的历史条件下、在特定社会经济环境中、在上下级执政者和执法者以及普通民众之间出现的一种新生“病态依法执政”形态。与民争利和约束制度机制的缺失等是导致问题的主要症结。创新干部政绩考核制度，提高依法执政能力，是医治“等待批示执法症”的有效良方。     

Voices

正"My current visit to Egypt,on the instructions of President Xi Jinping,is to show China’s i rm support for the Egyptian government and people,and to express China’s sincere desire to deepen mutually benei cial cooperation between China and Egypt,"said Chinese Foreign Minister Wang Yi at a meeting with President Abdel Fattah al-Sisi of Egypt at the Presidential Palace in Cairo on August 3.Before the talk he conveyed President Xi’s message to President Sisi.Wang Yi added that     

要切实加强工会劳动保护监督检查工作——认真学习江泽民同志关于安全生产的重要批示

针对我国安全生产形势严峻 ,重、特大事故多发 ,江泽民同志对安全生产作了重要批示 ,各地深入开展安全生产大检查 ,扭转安全生产被动局面。工会作为工人阶级群众组织 ,要加强和改进劳动保护监督检查工作 ,积极为实现安全生产形势根本好转作贡献。     

党内程序如何介入行政程序——论重大行政决策程序与中国共产党重大事项请示报告程序的衔接

《重大行政决策程序暂行条例》第三十一条“重大行政决策出台前应当按照规定向同级党委请示报告”的规定,明确了党内请示报告程序介入行政程序的制度安排。作为衔接党规与国法的新型制度尝试,党内程序介入行政决策程序,既是中国国家治理体系下的必然趋势,又是宪法“本质特征条款”的重要体现。在上述制度安排中,行政决策机关不是以机关的名义履行请示报告程序,而是以决策机关内设的党组名义履行上述程序,在特殊情况下,也可由领导干部以自己的名义向党委请示报告。行政机关重大行政决策事项与党内重大事项报告之间为包含关系,意味着重大行政决策事项作为重大报告事项中的一部分均应履行向党组织请示报告程序,并贯穿于行政决策程序全过程。