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The Prosecutor’s Perspective on Eyewitness Experts in the Courtroom

Patricia J. Bailey and Sheri H. Mecklenburg

in Expert Testimony on the Psychology of Eyewitness Identification

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195331974
eISBN:
9780199868193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331974.003.010
Subject:
Psychology, Forensic Psychology

This chapter discusses the admissibility of eyewitness expert testimony under Daubert standards. It explores the scientific reliability of the laboratory experiments underlying eyewitness expert ... More


Jurors as Statutory Interpreters

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the role of juries in the interpretation of statutes. It analyzes how the legal system deals with jurors as interpreters of statutes and highlights judges' use a host of tools ... More


Deterrence Instructions: What Jurors Won't Do

W. Kip Viscusi

in Punitive Damages: How Juries Decide

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226780146
eISBN:
9780226780160
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226780160.003.0013
Subject:
Law, Company and Commercial Law

The punitive damages approach advocated by Polinsky and Shavell focuses principally on the observation that dates back to Jeremy Bentham that punishment levels should be related to the reciprocal of ... More


Recovered Memory

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0007
Subject:
Law, Criminal Law and Criminology

The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the ... More


Being REASONABLE: A Key Anglo Value and Its Cultural Roots

Anna Wierzbicka

in English: Meaning and Culture

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195174748
eISBN:
9780199788514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195174748.003.0004
Subject:
Linguistics, English Language

This chapter investigates, in a historical and cultural perspective, the meaning of the word reasonable, and in particular, of the phrases reasonable man and reasonable doubt, which play an important ... More


Jurors Don’t Need Any Special Help

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0014
Subject:
Psychology, Forensic Psychology

Being a juror is hard work. Courts are increasingly implementing innovative techniques that have the potential to help jurors. This chapter focuses on general strategies for aiding jurors that can be ... More


Communication and Magic: Authorized Voice, Legal-Linguistic Habitus, and the Recontextualization of “Beyond Reasonable Doubt”

Chris Heffer

in Legal-Lay Communication: Textual Travels in the Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199746842
eISBN:
9780199345052
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199746842.003.0010
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Chris Heffer sets out an argument, illustrated through judicial attitudes to jury instruction on the criminal standard of proof, about how authorized language can lead over time to a breakdown in ... More


Implicit Jury Bias: Are Informational Interventions Effective?

Anna Roberts

in Criminal Juries in the 21st Century: Psychological Science and the Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190658113
eISBN:
9780190658144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190658113.003.0005
Subject:
Psychology, Forensic Psychology

The purpose of this chapter is to consider whether educational methods are—or could be—an effective way of tackling the implicit jury biases that threaten the fairness of trials. First, the chapter ... More


Agents of the State: Capital Jurors’ Accountability for Death Sentences

Robin Conley

in Confronting the Death Penalty: How Language Influences Jurors in Capital Cases

Published in print:
2016
Published Online:
December 2015
ISBN:
9780199334162
eISBN:
9780190263911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334162.003.0006
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter examines grammatical agency and related constructions of responsibility as acts of distancing, potentially making jurors’ decisions for death more palatable both at the time they are ... More


“I hope I’m strong enough to follow the law”: Emotion and Objectivity in Capital Jurors’ Decisions

Robin Conley

in Confronting the Death Penalty: How Language Influences Jurors in Capital Cases

Published in print:
2016
Published Online:
December 2015
ISBN:
9780199334162
eISBN:
9780190263911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199334162.003.0003
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Analyzing specific language from jury instructions, trial talk, and jury instructions, this chapter reveals a tension between emotion and objectivity that capital jurors encounter during their ... More


The Scope of the Willful Ignorance Doctrine (II): The Duty to Reasonably Inform Oneself

Alexander Sarch

in Criminally Ignorant

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter argues that willful ignorance involves breaching a duty to reasonably inform oneself, and the equal culpability thesis holds when one breaches it in a sufficiently serious way before ... More


Iterated Reckless Ignorance as a Substitute for Knowledge

Alexander Sarch

in Criminally Ignorant

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.003.0007
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Previous chapters have been concerned mainly with willful ignorance—which, paradigmatically, is to violate the duty to reasonably inform oneself about a suspected inculpatory proposition with the ... More


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