Lady Justice may be Blind, but is She Racist? Examining Brains, Biases, and Behaviors Using Neuro-Voir Dire

This paper discusses the possible use of functional magnetic-resonance imaging as potentially useful in jury selection. The author suggests that neuro-voir could provide greater impartiality of trials than the standard voir, while also preserving existing privacy protections for jurors. He predicts that ability to image and understand a wide range of brain activities, most notably bias-apprehension and lie detection, will render neuro-voir dire invaluable. However currently, such neuro-solutions remain preliminary.

4. Confessions

Chapter 4 examines the extent to which evidence of a confession by an accused person may be utilized by the prosecution at trial. It discusses confessions and miscarriages of justice; mandatory and discretionary exclusions; ‘tainting’ of subsequent confessions; warnings on account of ‘mental handicap’; withdrawal of the case from the jury; partly adverse statements; the use of confessions contravening section 76(2) of the Police and Criminal Evidence Act 1984; confessions admissible in evidence only against maker; use of a co-defendant’s confession by a defendant; the voir dire hearing; and reform of the law of confessions.

Memory and Credibility Perceptions of Alcohol and Other Drug Intoxicated Witnesses and Victims of Crime

Research into juror perceptions regarding the impact of intoxication on eyewitness memory and credibility is scarce for substances other than alcohol. However, jurors are frequently told to draw on their personal beliefs and experience with intoxicating substances to infer their impact on the case. It is therefore important to investigate laypeople’s perceptions regarding witness and victim intoxication across a range of substances, and whether these perceptions are associated with substance familiarity. Participants (n = 470) completed a survey assessing familiarity and use of different substances, as well as perceptions regarding effects on the memory and credibility of intoxicated victims and witnesses. While participants most frequently reported believing that alcohol, hallucinogens, and polysubstance use of alcohol and cannabis have large negative effects on memory, they more frequently reported that they do not know the extent to which cannabis and cocaine affect memory. In addition, attitudes were found to vary based on substance familiarity. Differences with respect to the perceived impact on memory and credibility of various substances have relevance to court proceedings, particularly in terms of voir dire procedures and whether an expert witness may be required to educate the court on the impacts of different forms of intoxication.

Prosecuting Attorneys in a Democracy – A California Perspective

A prosecuting attorney in a democracy is very important in the processing of criminal cases- from pre-filing to final appeal. Much of the involvement of the District Attorney, both before a criminal case is filed, and during the prosecution of the case, stems from the “Exclusionary Rule”. It is the usual case that the police will bring their investigation, their arrest warrant or search warrant affidavit to a District Attorney to review it prior to taking it to the judge. In this connection, District Attorneys will themselves reject 5-10% of the warrant requests submitted to them for approval, often asking law enforcement to do some further investigation before resubmitting the warrant. Furthermore, because of the Doctrine of Separation of Powers, only the District Attorney or the California State Attorney General can make the decision to file or not file a case. This Article illustrates the impact of such discretion. The problem of democracy is strictly connected to the process of DA’s selection, what has also been here presented. Another fundamental issue is a role of DA in voir dire, mainly because jury trials are guaranteed by the federal Constitution and are associated with the idea of democracy. Separation of Powers and Judicial Control of the DA, the police, and the sentencing of those convicted of crimes have been analyzed from the perspective of the California law. Additionally, the article includes final comments on the technological progress and its impact on criminal law and democracy. All the conclusions have been made in reference to Author’s experience as Assistant DA in California.

15. Confessions

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.