Judicial Management of Juror Impropriety

2014 ◽  
Vol 78 (1) ◽  
pp. 43-64
Author(s):  
Nick Taylor ◽  
Judge Roderick Denyer
Keyword(s):  
Fundamental Problem ◽  
Public Support ◽  
Jury Trial ◽  
Public Confidence ◽  
Practical Issue ◽  
Criminal Process ◽  
Current Form ◽  
Media Attention ◽  
Vital Element ◽  
Law Commission

The debate surrounding the utility of trial by jury is as relevant as ever. Much criticism of the ability of jurors to carry out their task was brought to the fore following the highly publicised Pryce trial and the comments from Sweeney J indicating a fundamental problem in jurors' understanding of their role. Furthermore, media attention surrounding a steady stream of cases involving juror misconduct has called into question whether jury trial can survive in its current form. This article recognises that although juries are not a normative part of a fair trial, they do have considerable value in enhancing public confidence in the fairness of the criminal process, particularly through the perception of impartiality. If public support is lost, then the value of jury might be lost with it. Whilst the Law Commission is rightly considering how jurors might be more prepared in advance to carry out their role effectively, this article considers the current judicial approach to dealing with the practical issue of juror impropriety once it has occurred. Through looking at a series of trial and appeal cases it can be seen that a framework has developed which seeks to ensure that trials are derailed rarely whilst the impartiality of the jury is safeguarded. It is maintained that in emphasising both actual and apparent impartiality the vital element of public confidence in the existing process can be preserved.

Neither the Purse Nor the Sword: Dynamics of Public Confidence in the Supreme Court

1986 ◽  
Vol 80 (4) ◽  
pp. 1209-1226 ◽  
Author(s):  
Gregory A. Caldeira
Keyword(s):  
Supreme Court ◽  
Cross Sections ◽  
Public Support ◽  
Public Confidence ◽  
The Public ◽  
Political Events ◽  
The Supreme Court ◽  
Presidential Popularity ◽  
And Shifts ◽  
High Bench

Systematic study of changes in support for the U.S. Supreme Court across time has not been undertaken. Armed with a time series of observations from 1966 through 1984, I provide a description of the ebb and flow of public esteem for the Court. Then I outline and test several plausible propositions about the dynamics of support. Statistical analyses compel the conclusion that apart from a relatively constant core of support, increases in judicial activism, inflation, and solicitude for the rights of the accused decreased confidence in the Court; the events surrounding Watergate and increases in presidential popularity and the public salience of the Court brought about increased popular esteem for the high bench. Previous scholars, based on cross-sections of individuals, have emphasized the public's ignorance of and disinterest in the Supreme Court and judicial policy making. The responsiveness of public support for the Court in the aggregate to political events and shifts in the behavior of the justices stands in stark contrast to the conventional image of United States citizenry as singularly out of touch with and unmoved by the Supreme Court.

scholarly journals Reform of the Spanish jury trial

2021 ◽  
Vol 2021 (4) ◽  
pp. 184-190
Author(s):  
Alexandra Kuzina
Keyword(s):  
Jury Trial ◽  
Anglo Saxon ◽  
Criminal Process ◽  
Legal Method

The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative nature of the process.

scholarly journals Quantifying The Effect of Wakefield et al. (1998) on Skepticism about MMR Vaccine Safety in the U.S.

2021 ◽  
Author(s):  
Matt Motta ◽  
Dominik Stecula
Keyword(s):  
Media Coverage ◽  
Causal Effect ◽  
Vaccine Safety ◽  
Preliminary Evidence ◽  
Vaccine Uptake ◽  
Public Confidence ◽  
Mmr Vaccine ◽  
Media Attention ◽  
News Stories ◽  
Childhood Vaccine

Background. Efforts to trace the rise of childhood vaccine safety concerns in the US often suggest Andrew Wakefield and colleagues’ retracted 1998 Lancet study (AW98) – which alleged that the MMR vaccine can cause children to develop autism – as a primary cause of US vaccine skepticism. However, a lack of public opinion data on MMR safety collected before/after AW98’s publication obscures whether anecdotal accounts are indicative of a potentially-causal effect. Methods. We address this problem using a regression discontinuity framework to study change in monthly MMR injury claims (N = 74,850; from 1990-2019) from the Vaccine Adverse Events Reporting System (VAERS) to proxy concern about vaccine safety. Additionally, we suggest a potential mechanism for the effect of AW98 on vaccine skepticism, via automated sentiment analyses of MMR-related news stories (N = 674; from 1996-2000) in major television and newspaper outlets. Results. AW98 led to an immediate increase of about 70 MMR injury claims cases per month, averaging across six estimation strategies (meta-analytic effect = 70.44 [52.19, 88.75], p < 0.01). Preliminary evidence suggests that the volume of negative media attention to MMR increased in the weeks following AW98’s publication, across four estimation strategies (meta-analytic effect = 9.59% [3.66, 15.51], p < 0.01).Conclusions. Vaccine skepticism increased following the publication of AW98, which was potentially made possible by increased negative media coverage of MMR. Significance. Childhood vaccine skepticism presents an important challenge to widespread vaccine uptake, and undermines support for pro-vaccine health policies. In addition to advancing our understanding of the previously-obscured origins of US vaccine skepticism, our work cautions that high-profile media attention to inaccurate scientific studies can undermine public confidence in vaccines. We conclude by offering several recommendations that researchers and health communicators might consider to detect and address future threats to vaccine confidence.

scholarly journals ANALISIS STRATEGI CORPORATE IMAGE TERHADAP KEPUTUSAN CALON MAHASISWA MENDAFTAR DI PTS (STUDI PADA TIM PENERIMAAN MAHASISWA BARU (PMB) UNIVERSITAS WIRARAJA)

PUBLIC CORNER ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 1-12
Author(s):  
Roos Yuliastina ◽  
Ach. Andiriyanto
Keyword(s):  
Public Support ◽  
Corporate Image ◽  
Public Understanding ◽  
Public Confidence ◽  
Non Profit

Setiap organisasi pasti memiliki tujuan, yaitu organisasi yang hadir dengan tujuan mencari keuntungan (profit oriented) maupun hadir sebagai organissai yang memiliki tujuan memberikan pelayan kepada publik (non-profit oriented). Begitu pula dengan Perguruan Tinggi, perguruan tinggi swasta maupaun perguruan tinggi pasti memiliki arah dan tujuan. PTS maupun PTN sebagai organisasi non- profit oriented sebagai organisasi berbasis sosial, Meskipun pada dasarnya kehadiran PTS adalah organisasi berbasis sosial yang identik dengan kegiatan non- profit oriented, jika dihadapkan dengan kepentingan mencari dan mengumpulkan calon peserta didik pada akhirnya tidak lepas dari kepentingan – kepentingan komersil. Penelitian ini ingin mengetahui bagaimana startegi PTS khususnya Universitas Wiraraja dalam membangun good coporate image dalam rangka mempertahankan citra positif untuk mempengaruhi calon mahasiswa agar bersedia memilih atau memutuskan berkuliah du Universitas ini. Penelitian ini menggunakan metode kualitatif, adapun  hasil penelitian diketahui bahwa dalam kegiatan membangun good coorporate image, Universitas Wiraraja menggunakan empat kegiatan dalam mewujudkan citra positif organisasinya, diantaranya:   Menciptakan public understanding menciptakan Public Confidence, menciptakan Public Support, dan menciptakan Public Coorpooration. Empat komponen ini nyatanya berpengaruh terhadap pengambilan keputusan calon mahasiswa untuk berkuliah di Universitas Wiraraja, dengan ukuran indikator para mahasiswa memilih atas dasar (1) Pengalaman, (2) Fakta, dan (3) rasional, berdasarkan informasi yang diperoleh dari kegiatan sosialisi dan promosi kampus Wiraraja.

Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process

2021 ◽  
pp. 69-75
Author(s):  
Veronika V. Yaselskaya ◽  
◽  
Alena V. Grishchenko ◽  
Keyword(s):  
Jury Trial ◽  
District Courts ◽  
Criminal Cases ◽  
Criminal Process ◽  
Administration Of Justice ◽  
Long Time ◽  
Constitutional Right ◽  
Soviet Russia ◽  
The One ◽  
The Right

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.

Greater public confidence in the US Supreme Court predicts more jurisdiction stripping

2021 ◽  
pp. 1-9
Author(s):  
Joseph Daniel Ura ◽  
Patrick C. Wohlfarth
Keyword(s):  
Supreme Court ◽  
Positive Relationship ◽  
Public Support ◽  
Negative Relationship ◽  
Judicial Independence ◽  
Federal Courts ◽  
Public Confidence ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court

Abstract A growing body of empirical research shows an association between public support for the US Supreme Court and both judicial independence and congressional court curbing activity. At the same time, studies of jurisdiction stripping show Congress’ efforts to limit federal courts’ jurisdiction are principally related to courts’ workloads rather than ideological differences between courts and Congress. Here, the authors connect these streams of inquiry by testing the hypothesis of a negative relationship between public support for the Supreme Court and jurisdiction-stripping legislation. Contrary to prior studies, the authors find a positive relationship between Americans’ confidence in the Supreme Court and jurisdiction stripping. This result indicates the need for additional research on the interactions among public opinion, federal courts, and Congress.

scholarly journals The 3Rs in research: a contemporary approach to replacement, reduction and refinement

2017 ◽  
Vol 120 (s1) ◽  
pp. S1-S7 ◽  
Author(s):  
Judy MacArthur Clark
Keyword(s):  
Animal Welfare ◽  
New Technologies ◽  
Public Support ◽  
Cost Effective ◽  
Modern World ◽  
Public Confidence ◽  
Important Research ◽  
Regulatory Oversight ◽  
Good Science ◽  
Contemporary Approach

AbstractFirst promulgated in 1959, the 3Rs of Replacement, Reduction and Refinement have evolved as fundamental principles underlying the use of animals and alternatives in science throughout the modern world. This review describes a contemporary approach to delivering the 3Rs through acknowledging the contribution of new technologies and emphasising that applying the 3Rs can be beneficial to good science as well as to animal welfare. This science-led approach moves the concept of the 3Rs out of an ethical silo where they were often considered by scientists to be an inconvenient obligation. On the contrary, relevant examples demonstrate the opportunity to practise better science using 3Rs technologies which deliver faster, more reproducible and more cost-effective results. Indeed, methods harnessing Replacement approaches may permit discoveries which are simply not feasible using animals and frequently are more flexible and agile since compliance with regulatory oversight requirements is simplified. Although the necessity for rigorous oversight is well recognised, it is important that the associated bureaucracy is not allowed to become prohibitive, causing scientists to avoid pursuing justifiable and important research involving animals. Public support for research is conditional – animals should not suffer unnecessarily and sufficient potential benefit should accrue from the research. However, society also actively seeks pioneering medical and scientific advances which can only be achieved through research. Therefore, a balance must be struck between safeguarding animal welfare whilst enabling high-quality science. It is this balance which promotes and sustains public confidence that animal based research is acceptable and being appropriately managed.

scholarly journals Prosecuting hate crime: procedural issues and the future of the aggravated offences

Legal Studies ◽  
2015 ◽  
Vol 35 (3) ◽  
pp. 443-462 ◽  
Author(s):  
Abenaa Owusu-Bempah
Keyword(s):  
At Risk ◽  
Sexual Orientation ◽  
Hate Crime ◽  
Full Scale ◽  
Final Decision ◽  
Wrongful Conviction ◽  
Criminal Process ◽  
Transgender Identity ◽  
The Future ◽  
Law Commission

In 2012, the Ministry of Justice asked the Law Commission to examine the case for extending the racially and religiously aggravated offences in the Crime and Disorder Act 1998, so that they also cover disability, sexual orientation and transgender identity. The terms of reference for the project were narrow, and did not include an examination of whether the existing offences are in need of reform. The Commission recommended that before a final decision is taken as to whether the offences should be extended, a full-scale review of the operation of the existing offences should be carried out. This paper contends that, in determining the future of the aggravated offences, consideration should be given to the procedural difficulties that can be encountered during the prosecution stage of the criminal process. The paper highlights a number of significant procedural problems that arise from the structure of the existing aggravated offences. These problems are largely related to alternative charges, whereby the prosecution charge both the aggravated offence and the lesser offence encompassed within it, and alternative verdicts, whereby the jury can convict of the lesser offence if the aggravated element is not proven. This paper argues that the procedural problems, coupled with a failure to properly understand the offences, can lead, and have led, to unfair outcomes. If the offences cannot be prosecuted effectively, they become little more than an empty gesture to those affected by hate crime, and this may be counterproductive. Procedural problems also put defendants at risk of wrongful conviction. The paper concludes that the preferred way forward would be to repeal the racially and religiously aggravated offences and rely on sentencing legislation to deal with hostility-based offending.

scholarly journals The Law and Policy Context of Extradition from Australia to the People’s Republic of China

2018 ◽  
Vol 7 (1) ◽  
pp. 32-47
Author(s):  
Nigel Stobbs
Keyword(s):  
Economic Growth ◽  
Communist Party ◽  
Soft Power ◽  
Political Legitimacy ◽  
People’S Republic Of China ◽  
Public Confidence ◽  
People's Republic Of China ◽  
Public Officials ◽  
Current Form ◽  
Republic Of China

One cost of China’s remarkable economic growth since 1978 has been levels of corruption among some public officials, significant enough to seriously erode public confidence in government and the Communist Party of China, and even threaten certain areas of domestic economic growth. Anti-corruption strategies seek to locate and repatriate corrupt officials, who have fled overseas as ‘economic fugitives’. In furtherance of these strategies, China has sought to ratify a number of bilateral extradition treaties, including the Treaty on Extradition between Australia and the People’s Republic of China, which Australia signed in 2007, but abandoned its only attempt to ratify in March 2017, due to domestic political pressure and strident criticism of its terms. Ratification is important to China, not only to supplement its pursuit of economic fugitives, but also to help enhance its soft power and diplomatic prestige internationally, and the political legitimacy of the Communist Party domestically. It is important to Australia as a means of demonstrating goodwill, to preserve crucial law enforcement collaboration, and to protect its markets with its largest trading partner. This paper argues that the current treaty impasse cannot be appropriately resolved either by ratifying the treaty in its current form or by requesting amendments that are unlikely to be acceptable to China. It considers several other interim alternatives and assesses their potential to reconcile China’s need to save face and Australia’s need to honour its commitment to the Rule of Law and preserve its international human rights reputation.

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