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Full-Text Articles in Cognitive Psychology
Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes
St. Mary's Journal on Legal Malpractice & Ethics
In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …
Harm And Victim Age As Factors In The Determination Of Intentionality And Culpability, Donal David Barnard Jr.
Harm And Victim Age As Factors In The Determination Of Intentionality And Culpability, Donal David Barnard Jr.
Dissertations, Theses, and Capstone Projects
In the United States criminal justice system, jurors are directed to determine a defendant’s guilt beyond a reasonable doubt by establishing both the act of committing a crime (actus reus) and the culpable mental state of the defendant (mens rea), that is, the defendant’s intentionality. The role of a juror in a criminal case is that of a factfinder, deciding whether the two elements of the crime have been met. Criminal cases where jurors are asked to decide the facts vary in the harm that resulted. The more severe the harm, the greater the perceived injustice. This …