scholarly journals Storytelling Rituals in Jury Deliberations

2019 ◽  
Vol 9 (9(5)) ◽  
pp. 747-770 ◽  
Author(s):  
Meredith Rossner

Research on jury deliberation tends to focus on deliberative outcomes, such as verdict decisions. Less attention is paid to the actual process of deliberation. This paper analyzes a video recording of a mock jury deliberation in a simulated criminal trial, focusing on facial expression, gesture, and discourse. Drawing on ethnomethodology and micro-sociological theories of ritual, I examine how jurors make sense of the evidence presented to them and how they work together to collectively produce a coherent narrative of events. I argue that a focus on the ritual dynamics of the deliberation help to understand how such a co-production can occur. La investigación sobre la deliberación del jurado tiende a centrarse en los resultados de esa deliberación, como pueden ser los veredictos. Menos atención genera el proceso mismo de deliberación. Este artículo analiza una grabación de vídeo de la deliberación de un jurado en un simulacro de juicio penal, y se fija especialmente en las expresiones faciales, los gestos y los discursos. Basándome en la etnometodología y en teorías de ritual microsociológicas, examino la forma en que los jurados buscan el sentido de las pruebas que se les presentan y la forma en que trabajan juntos para producir una narración coherente de los hechos. Argumento que poner el énfasis en las dinámicas rituales de la deliberación ayuda a entender cómo se realiza esa producción colectiva.

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 303-320 ◽  
Author(s):  
Emily Finch ◽  
Vanessa E Munro

By introducing legal tests centring upon concepts of freedom, capacity and reasonableness, the Sexual Offences Act 2003 reflects a deliberate legislative attempt both to provide a clearer structure for jury deliberation on sexual consent and to hold defendants to a higher level of accountability in relation to their belief in its existence. While these developments are well intentioned, it is argued that they may ultimately prove to be of limited effect. More specifically, it is suggested that there is an inherent complexity in the concepts of freedom, capacity and reasonableness, at least in the largely undefined form in which they have been introduced, such that the Act may, in practice, simply result in the proliferation of a new set of malleable legal tests and unpredictable legal outcomes.Drawing on a series of mock jury deliberations undertaken by the authors in which participants were asked, having observed a short rape trial reconstruction, to apply the tests set out in the Sexual Offences Act 2003 in order to reach a verdict, this paper examines the ways in which the concepts of freedom, capacity and reasonableness were interpreted. Bearing in mind the inevitable constraints of the mock jury methodology (in particular its verisimilitude to real juries), this paper suggests that there may, nonetheless, be some valuable lessons to be gleaned from these deliberations about the future application of the law in actual rape cases.


F1000Research ◽  
2019 ◽  
Vol 8 ◽  
pp. 702 ◽  
Author(s):  
Jin Hyun Cheong ◽  
Sawyer Brooks ◽  
Luke J. Chang

Advances in computer vision and machine learning algorithms have enabled researchers to extract facial expression data from face video recordings with greater ease and speed than standard manual coding methods, which has led to a dramatic increase in the pace of facial expression research. However, there are many limitations in recording facial expressions in laboratory settings.  Conventional video recording setups using webcams, tripod-mounted cameras, or pan-tilt-zoom cameras require making compromises between cost, reliability, and flexibility. As an alternative, we propose the use of a mobile head-mounted camera that can be easily constructed from our open-source instructions and blueprints at a fraction of the cost of conventional setups. The head-mounted camera framework is supported by the open source Python toolbox FaceSync, which provides an automated method for synchronizing videos. We provide four proof-of-concept studies demonstrating the benefits of this recording system in reliably measuring and analyzing facial expressions in diverse experimental setups, including group interaction experiments.


2017 ◽  
Author(s):  
Jin Hyun Cheong ◽  
Sawyer Brooks ◽  
Luke J. Chang

Advances in computer vision and machine learning algorithms have enabled researchers to extract facial expression data from face video recordings with greater ease and speed than standard manual coding methods, which has led to a dramatic increase in the pace of facial expression research. However, there are many limitations in recording facial expressions in laboratory settings. Conventional video recording setups using webcams, tripod-mounted cameras, or pan-tilt-zoom cameras require making compromises between cost, reliability, and flexibility. As an alternative, we propose the use of a mobile head-mounted camera that can be easily constructed from our open-source instructions and blueprints at a fraction of the cost of conventional setups. The head-mounted camera framework is supported by the open source Python toolbox FaceSync, which provides an automated method for synchronizing videos. We provide four proof-of-concept studies demonstrating the benefits of this recording system in reliably measuring and analyzing facial expressions in diverse experimental setups including group interaction experiments.


2020 ◽  
Vol 228 (3) ◽  
pp. 199-209
Author(s):  
Jane Goodman-Delahunty ◽  
Natalie Martschuk

Abstract. Internationally, admissible incriminating evidence of uncharged acts by the accused is presumed unfairly prejudicial, and remains controversial. In an experimental study, 325 jury-eligible citizens were randomly assigned to a simulated trial in which the accused faced two charges. Juries were exposed to no evidence of uncharged acts or prejudicial evidence describing four uncharged sexual acts by the accused reported by the complainant or two independent witnesses. Jury inferences about the accused’s sexual interest in children and his criminal intent were logically related to the source and type of evidence. While ratings of the likelihood of culpability increased with evidence of uncharged acts, juries were reluctant to convict solely on the basis of the complainant’s word. Jury deliberations disclosed that prejudicial evidence did not induce impermissible reasoning or a lower threshold of proof. Multiple convergent measures revealed little danger of unfair prejudice to the accused.


2012 ◽  
Author(s):  
Christopher M. Jackson ◽  
Jennifer L. Devenport ◽  
Christopher D. Kimbrough

2020 ◽  
Vol 24 (3) ◽  
pp. 255-279 ◽  
Author(s):  
Fiona Leverick

This paper presents overwhelming evidence that prejudicial and false beliefs held by jurors about rape affect their evaluation of the evidence and their decision making in rape cases. The paper draws together for the first time the available evidence from both quantitative and qualitative studies (most of which are not found in law journals, but rather in scientific outlets, most commonly those focusing on experimental psychology). The quantitative research demonstrates that mock jurors’ scores on so-called ‘rape myth scales’ are significant predictors of their judgments about responsibility, blame and (most importantly) verdict. The qualitative research indicates that jurors frequently express problematic views about how ‘real’ rape victims would behave and what ‘real’ rape looks like during mock jury deliberations and that even those who score relatively low on abstract rape myth scales can express prejudicial beliefs when deliberating in a particular case. The studies vary in terms of their realism, but it is important to note that some of the studies reported here were highly realistic trial reconstructions, involving representative samples of jurors drawn from the community, live trial reconstructions, evidence-in-chief and cross-examination, accurate legal directions and deliberation in groups. The review concludes by examining the evidence on whether juror education—whether in the form of judicial directions or expert evidence—might be effective in addressing problematic attitudes.


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