Guilty verdict for Charles Lieber leaves concerns about the China Initiative

2021 ◽  
pp. 6-7
Author(s):  
Neil Savage, special to C&EN
Keyword(s):  
Guilty Verdict

scholarly journals Hate Speech Prosecution of Politicians and its Effect on Support for the Legal System and Democracy

2021 ◽  
pp. 1-22
Author(s):  
Roderik Rekker ◽  
Joost van Spanje
Keyword(s):  
Legal System ◽  
Hate Speech ◽  
Panel Study ◽  
Entire Group ◽  
Multicultural Society ◽  
Guilty Verdict ◽  
Research Designs ◽  
Democratic System ◽  
Quasi Experiment

Abstract This study examined if and for whom prosecution of politicians for hate speech undermines support for the legal system and democracy. Three research designs were combined to investigate the case of Dutch politician Geert Wilders, who was convicted for hate speech against minorities in 2016. First, an experiment showed that observing a guilty verdict decreased support among ‘assimilationists’ who oppose the multicultural society. This deterioration of support was found among the entire group of assimilationists, regardless of whether they voted for Wilders. Secondly, a quasi-experiment demonstrated that assimilationists who were interviewed after Wilders' conviction indicated less support than those who were interviewed before the verdict and compared to a pre-test. Thirdly, a nine-year panel study suggested that these effects accumulate into long-term discontent. This case therefore demonstrates that hate speech prosecution can damage the democratic system it is intended to defend.

scholarly journals The bastard verdict and its influence on jurors

2018 ◽  
Vol 59 (1) ◽  
pp. 26-35
Author(s):  
Lee J. Curley ◽  
Rory MacLean ◽  
Jennifer Murray ◽  
Phyllis Laybourn ◽  
David Brown
Keyword(s):  
Human Rights ◽  
Rational Choice ◽  
Legal System ◽  
Choice Models ◽  
The Other ◽  
European Convention ◽  
Guilty Verdict ◽  
Anglo American

The Scottish legal system is a unique jurisdiction, as jurors are able to give not proven verdicts in addition to the well-known Anglo-American verdicts (guilty and not guilty). The not proven verdict has never been legally defined, meaning that currently legal practitioners can only estimate why a not proven verdict has been given. The main aim of this study was to investigate if jurors violate the regularity principle, which is commonly incorporated in many rational choice models, by testing if the introduction of the not proven verdict has an impact on the outcomes given by jurors. In addition, this study aimed to test if the introduction of the not proven verdict has an impact upon how the not guilty verdict is perceived by jurors. In this study, 128 participants listened to two vignettes centred on homicide trials. Jurors could give one of two verdicts in one of the vignettes and one of three verdicts in the other vignette. The vignettes were counterbalanced in regard to how many verdicts could be given at the end of them. It was found that jurors in a three-verdict system were less likely to give a not guilty verdict in comparison to jurors in a two-verdict system, showing that jurors violate the regularity principle and that the not proven verdict may change how the not guilty verdict is perceived. The findings of this research have implications in relation to juror communication, article 6 of the European Convention of Human Rights and juror rationality.

scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  
Keyword(s):  
Final Part ◽  
Criminal Case ◽  
Crime Statistics ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Moment ◽  
Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

scholarly journals Presumption of innocence in criminal procedure law: essence and misconceptions

2021 ◽  
Vol 9 (2) ◽  
pp. 46-50
Author(s):  
Valeriy Protasov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Guilty Verdict ◽  
Legal Process ◽  
Criminal Process ◽  
Legal Obligations ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
Key Terms

The author points out the need to clarify the key terms of modern Russian jurisprudence. It is proposed to replace the term "criminal process" with the term "criminal-legal process". Attention is drawn to the incorrectness of the terms "criminal code" and "civil Code". The article reveals the essence and legal nature of the presumption of innocence in criminal law proceedings, which consist in the fact that the accused and the defendant do not have such legal obligations before the entry into force of the guilty verdict, as if they were guilty of committing the incriminated act. The author substantiates the fact that only the state can be a violator of this legal presumption.

Domestic Missionaries, Slaveholders, and Confronting the Morality of Slavery: Missouri v. James Burr, George Thompson, and Alanson Work, September, 1841

2013 ◽  
Vol 26 (1) ◽  
pp. 59-92
Author(s):  
Oleta Prinsloo
Keyword(s):  
Mississippi River ◽  
Press Coverage ◽  
Underground Railroad ◽  
Master Narrative ◽  
Guilty Verdict ◽  
Marion County ◽  
Moral Condemnation ◽  
George Thompson

This article revisits the 1841 arrest, trial, and conviction of three U.S. abolitionist missionaries, James Burr, George Thompson, and Alanson Work, who were accused in Marion County, Missouri of attempting to “steal slaves.” All three were linked to the evangelical Quincy Institute across the Mississippi River in Illinois and were in Marion County to preach to enslaved persons and assist those who wished to run away to freedom. The article makes several linked arguments. First, local slave owners, who loaded the jury to assure a guilty verdict, spread the false story, which has previously been taken at face value, that the slaves themselves had voluntarily betrayed the abolitionists. Second, this story drew on a pro-slavery master narrative that depicted slavery as a benevolent, paternalistic institution and the enslaved as carefree children who loved their masters and spurned freedom. Further, the story enabled slaveholders to sidestep the moral condemnation of slavery on slave soil posed by the trial, national press coverage, abolitionist denunciations, and the Underground Railroad.

‘Io sono qui muto e solitario’: Giovannino Guareschi's prison writings, 1954–1955

Modern Italy ◽  
2012 ◽  
Vol 17 (1) ◽  
pp. 85-102
Author(s):  
Alan R. Perry
Keyword(s):  
Prime Minister ◽  
Guilty Verdict ◽  
Prison Writing ◽  
History Of ◽  
The Republic

Giovannino Guareschi, author of the immensely popular Don Camillo stories and editor of the weekly newspaper Candido, spent 14 months in a Parma prison from 1954 to 1955 for having libelled the former Prime Minister Alcide De Gasperi. To this day, he is the only Italian journalist since the founding of the Republic ever to have served actual, behind-bars jail time for libel. This study examines several aspects of Guareschi's life in prison – the ways he coped with boredom and loneliness, the attempts he made to understand his fellow inmates and how he defiantly tried to buoy his spirits. In particular, it focuses on both his correspondence with his wife Ennia, a collection of 44 letters, and his personal musings kept in two prison diaries – all documents that have never been published. The analysis rectifies common misinterpretations as to why Guareschi purposely refused to appeal his guilty verdict and chose to go to jail, considers how Guareschi presented himself in his writings and contemplates Guareschi's place in the history of Italian prison writing.

Measuring jurors’ views on sentencing: Results from the second Australian jury sentencing study

2016 ◽  
Vol 19 (2) ◽  
pp. 180-202 ◽  
Author(s):  
Kate Warner ◽  
Julia Davis ◽  
Caroline Spiranovic ◽  
Helen Cockburn ◽  
Arie Freiberg
Keyword(s):  
Public Opinion ◽  
Mixed Method ◽  
Guilty Verdict ◽  
Criminal Trials ◽  
Mass Public ◽  
Public Opinion Surveys

This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.

scholarly journals Can we reduce facial biases? Persistent effects of facial trustworthiness on sentencing decisions

2019 ◽  
Author(s):  
Bastian Jaeger ◽  
Alexander Todorov ◽  
Anthony M Evans ◽  
Ilja van Beest
Keyword(s):  
Relevant Information ◽  
Decision Makers ◽  
Facial Features ◽  
Guilty Verdict ◽  
Sentencing Decisions ◽  
Facial Information ◽  
Final Verdict ◽  
Biasing Effects ◽  
Trait Impressions ◽  
Facial Trustworthiness

Trait impressions from faces influence many consequential decisions even in situations in which decisions should not be based on a person’s appearance. Here, we test (a) whether people rely on trait impressions when making legal sentencing decisions and (b) whether two types of interventions—educating decision-makers and changing the accessibility of facial information—reduce the influence of facial stereotypes. We first introduced a novel legal decision-making paradigm. Results of a pretest (n = 320) showed that defendants with an untrustworthy (vs. trustworthy) facial appearance were found guilty more often. We then tested the effectiveness of different interventions in reducing the influence of facial stereotypes. Educating participants about the biasing effects of facial stereotypes reduced explicit beliefs that personality is reflected in facial features, but did not reduce the influence of facial stereotypes on verdicts (Study 1, n = 979). In Study 2 (n = 975), we presented information sequentially to disrupt the intuitive accessibility of trait impressions. Participants indicated an initial verdict based on case-relevant information and a final verdict based on all information (including facial photographs). The majority of initial sentences were not revised and therefore unbiased. However, most revised sentences were in line with facial stereotypes (e.g., a guilty verdict for an untrustworthy-looking defendant). On average, this actually increased facial bias in verdicts. Together, our findings highlight the persistent influence of trait impressions from faces on legal sentencing decisions.

scholarly journals PROSES LEGITIMISASI ‘HMT’ DI PENGADILAN TIPIKOR AMARTA

2012 ◽  
Vol 12 (3) ◽  
Author(s):  
Teddy Asmara
Keyword(s):  
Decision Making ◽  
Cultural Cognition ◽  
Ethnographic Case Study ◽  
Guilty Verdict ◽  
Case Study Approach ◽  
Self Identity ◽  
Study Approach ◽  
Political Relations ◽  
Conceptual Relationship

This study describes the process of enculturation anti-corruption where its dynamic has change to a legitimation of should punish the defendant. With ethnographic case study approach, the study focused on how judges interpret the criminal acts of corruption and how to respond to legitimate to punish the defendant in the context of decision-making. The results showed that the judges react in two ways of reasonings, first, they interpret it as an intervention or intimidation that threatens self-identity. Second, open records his experience of corruption and political relations, or not as transparent as other cases. Technically, the conceptual relationship between the two reasoning is a psycho-cultural cognition as a perfect reflection on their work, structured from the examination to the decision. In other word, the defendant not guilty verdict symbolizes maintaining self-identy and a rejection of legitimation of the defendant should be penalised.                                                                             Key words:    legitimation of defendant should be penalised, meaning of corruption cases, psycho-cultural cognition. 

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