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Full-Text Articles in Law

Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman Apr 2013

Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

Past research examining expert future dangerousness prediction testimony in death penalty cases and civil confinement hearings for sex offenders has found that jurors tend to be more persuaded by less scientific “clinical” testimony and less influenced by “actuarial” based testimony. Jurors demonstrate greater receptivity for clinical testimony despite the fact that actuarial testimony has been shown to be a better predictor of future dangerousness. Research in this area has focused on identifying cognitive factors that can potentially be manipulated during a trial to increase the effectiveness of actuarial testimony on jurors. A mock jury study was conducted to extend these …


Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman Apr 2013

Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman

Graduate Research Symposium (GCUA) (2010 - 2017)

When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …


Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby Jan 2013

Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby

Pepperdine Law Review

No abstract provided.


How Jurors Evaluate Fingerprint Evidence: The Relative Importance Of Match Language, Method Information, And Error Acknowledgment, Brandon L. Garrett, Gregory Mitchell Jan 2013

How Jurors Evaluate Fingerprint Evidence: The Relative Importance Of Match Language, Method Information, And Error Acknowledgment, Brandon L. Garrett, Gregory Mitchell

Faculty Scholarship

Fingerprint examiners use a variety of terms and phrases to describe a finding of a match between a defendant's fingerprints and fingerprint impressions collected from a crime scene. Despite the importance and ubiquity of fingerprint evidence in criminal cases, no prior studies examine how jurors evaluate such evidence. We present two studies examining the impact of different match phrases, method descriptions, and statements about possible examiner error on the weight given to fingerprint identification evidence by laypersons. In both studies, the particular phrase chosen to describe the finding of a match-whether simple and imprecise or detailed and claiming near certainty-had …


Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle Jan 2013

Seeing Is Believing: The Csi Effect Among Jurors In Malicious Wounding Cases, Corey Call, Amy K. Cook, John D. Reitzel, Robyn D. Mcdougle

Journal of Social, Behavioral, and Health Sciences

With the popularization of television crime shows that focus heavily on forensic science, such as CSI and its spin-offs, concerns about a new threat to jury trials have emerged in recent years. Dubbed the “CSI effect,” this phenomenon has reportedly come to influence the way jurors perceive forensic evidence at trials based on the way forensic evidence is presented on television. While the CSI effect has been the topic of much discussion throughout the popular press, the CSI effect has seldom been empirically tested. In this study, we present a selection of media accounts as well as criminological and …


Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein Jan 2013

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …