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Articles 1 - 3 of 3
Full-Text Articles in Law
Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community, Nadia Dias
Theses: Doctorates and Masters
Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the …
Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren
Mental Disorder Labelling As An Extralegal Variable In Mock Jury Deliberations, Kristin B. Wallengren
Theses: Doctorates and Masters
Previous research has shown that a number of characteristics of trial participants (extralegal variables) can and do influence juror’s judgements. This is of importance as only the legally relevant facts of the case should be considered during a trial. The present study investigates the influence of victim characteristics on the juror decision making process during deliberation and the judgements made about the victim, crime and defendant in a mock jury setting, as well as investigating mock juror gender differences. A representative sample of people eligible for jury duty in Western Australia viewed a video vignette depicting a trial, in which …
Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli
Mock Jurors' Judgements Of The Victim, Crime And Defendant As A Function Of Victim Race And Deliberation, Lynley V. Poli
Theses: Doctorates and Masters
Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, …