The current study was based on MacQuoid and Jacquin’s (2011) study of juror bias in rape trials, except that an additional level of alcohol consumption was utilized in examining mock juror verdicts. Specifically, this study examined the influence of complainant alcohol consumption and defendant alcohol consumption on the opinions of mock jurors after deliberation (N = 527). Defendant alcohol consumption did not impact mock juror responsibility attributions of guilt ratings before of after deliberation. However, complainant alcohol consumption significantly impacted mock juror opinions before and after group deliberation. Complainants who were buzzed at the time of the alleged rape were viewed are more responsible for the rape than those who were intoxicated or sober. Defendants were viewed as more responsible when the complainant was intoxicated at the time of the alleged rape. The results indicate that juror biases are not an issue in today’s court.

Children are negatively affected by parental incarceration, and peoples’ discretion in sentencing determines for how long parents are taken away from their children. Although federal laws explicitly state that people should not consider family responsibilities and defendant gender when sentencing, psychological theory and research suggests that people might be sensitive to defendants’ gender and the age of their children. The novel question is whether child age influences sentencing decisions. To test these effects, the age of the defendant’s child and defendant gender were manipulated in two experiments – in a 3-sentence vignette in Study 1 and a presentence investigation report in Study 2. Study 1 tested a 2 (gender: man, woman) X 8 (age of child: 6-months, 1-year, 3-years, 5-years, 8-years, 13-years, 15-years, no child) between- subjects design, and Study 2 tested a 2 (defendant gender: man, woman) X 3 (no child, 1-year- old, 13-year-old) design. Participants in both studies were adults in the United States recruited from Amazon Mechanical Turk, n = 461 in Study 1 and n = 362 in Study 2.Results revealed that in Study 1, defendants with a 1-year-old received less prison time than defendants with a 13-year-old; defendants with a 1-year-old received less prison time than defendants with no children; and defendants with a 13-year-old and defendants with no children received similar prison times. Contrary to prior work, women did not receive more lenient sentences than did men. As in Study 1, Study 2 found that men and women received similar prison times. Thus, results from both studies suggest that perhaps people are becoming more egalitarian in their sentencing decisions for men and women, and thus, are not influenced by traditional gender rolesResults from Study 2 revealed that defendants with a 1-year-old child received similar sentences to defendants with a 13-year-old child. Further, defendants without children received similar sentences to defendants with children. Thus, Study 1 and Study 2 found inconsistent results of whether child age influenced sentencing decisions. Therefore, results from both studies suggests that child age might influence sentencing decisions when little information is given. However, when more information is given (e.g., criminal history and details about the crime), child age does not influence sentencing decisions.Another important component of the present research was to determine why people might sentence defendants differently based on child age and defendant gender. Results from Study 2 revealed that people’s general concern for the child did not mediate the relationship between child age and prison time, and perceptions of the defendant’s moral character did not mediate the relationship between parental status and prison time. However, people’s general concern for the child and defendants’ moral character predicted prison time for the defendant, suggesting that people are influenced by their concern for the child and their perceptions of the defendants’ moral character when making sentencing decisions. Considering the defendant’s moral character when sentencing is a biased decision that impacts defendants’ outcomes, creating a disparity between defendants who are perceived to be more moral than others. However, considering the concern of the child when making sentencing decisions is desirable because children of parents who offend are less likely to be separated from their parents, thus protecting them from a whole host of negative outcomes (e.g., future delinquency, internalizing and externalizing problems).

This thesis examines the interpretation and application of the Criminal Justice Act 2003 (UK), Part 11 Chapter 1, which came into force on 15 December 2004. Part 11 Chapter 1 concerns evidence of bad character, a concept approximately comparable with common law similar fact evidence, in relation to all parties who may be connected with a criminal trial. The admission and use of similar fact evidence has often been the subject of controversy, and the significant changes made by the CJA 2003 have attracted their own body of support and criticism. The nine chapters of this thesis attempt an in-depth study into the impact of the legislation on the robustness and effectiveness of the criminal trial, and consider whether the criminal trial is suited to the level of exposure of bad character now facilitated by the CJA. In particular, the thesis focuses upon the key provisions governing the uses of bad character evidence of the defendant: the seven gateways set out in s 101 of the CJA. The operation of those gateways and their accompanying explanatory provisions is examined through a combination of engagement with the Law Commission’s Report 273 (which preceded the enactment of the legislation), the range of Court of Appeal cases dealing with the legislation, and academic commentary. It was foreshadowed by commentators and early case law that the new provisions might not be easy to interpret or apply, and subsequent cases have borne out this prediction. An analysis of the bad character provisions suggests that, even though the CJA was intended to provide clarity in regulation, it has itself led to confusion in some important respects. Certain central terms lack definition, and some provisions have unintended consequences. The case law reflects this in its frequent, often brief, and sometimes inconsistent analysis of the specific parts of the legislation, which can make it difficult to determine the defendant’s guilt or innocence in a precise and scrupulous manner.

Relationships between victim race, defendant race, participant characteristics, and general perceptions were assessed as they pertained to the final verdict. Photographs and brief date rape vignette were given to 339 participants. Participants were also asked to respond to follow-up questionnaire, Illinois Rape Myth Acceptance Short Form scale, and Feeling Thermometer. Finally, participants were asked to render a final verdict, guilty or not guilty. Results indicated that participants’ perceptions relating towards responsibility significant predicted the likelihood of a guilty verdict being rendered. Additionally, results showed that there were significant differences across victim race and defendant race on verdict, such that overall the further the victim and defendant were apart on the color line, the more likely it would be for that case to receive a guilty verdict. Several participant variables also had significant effects on verdict, assignments of responsibility, and warmth towards specific racial groups. Results, future directions, and general implications are discussed.

Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...

COOPERATING DEFENDANT Abstract The aim of the thesis is to present and analyse the current legislation of the cooperating defendant in the Czech Republic. The thesis is divided into 6 chapters. The first part is focused on defining the terms crown witness and cooperating defendant. In the second chapter, the author deals with organized crime, because the main purpose of the institute of a cooperating defendant is to combat this phenomenon. The third chapter describes the current legal regulation of the institute of a cooperating defendant. The changes made by Act No. 333/2020 Sb. with effect from 1st October 2020 are also mentioned. The last part of this chapter is devoted to the issue of protection of a cooperating defendant in the Czech legal system. In the fourth chapter, the problematic points of the current legislation are highlighted and are followed by the de lege ferenda considerations. The fifth chapter deals with available data regarding the use of the institute of cooperating defendant in practice, i.e. specifically the frequency of use of this institute, in which crimes it occurs the most and what punishments are imposed on cooperating defendants. In the last chapter, the author deals with the institute of a cooperating defendant in the Italian legal system. It describes the legislation of the...

The aim of the thesis is an analysis of the topical legal form of the cooperating defendant. It is divided into 5 chapters. In the first chapter there are given concepts of the crown witness and the cooperating defendant, added deliberation of de lege ferenda. In the second chapter the author gives particular principles of the prosecution and describes in what way the institution of the cooperating defendant influences them. The third chapter is devoted to the organized crime and the legal means which are applied to its prosecution. In the fourth chapter the modification of the institution of the cooperating defendant is decribed in detail. In this chapter the author points out the importance of the confession of the status of the cooperating defendant , the motivation, the verbal testimony, the protection of the cooperating defendant. Further the author takes a possible application of the institution of the hidden witness for cooperating defendant into consideration. In the last chapter the author gives cases, where an aplication of the institute of cooperating defendant is used. In the case studies the author especially aims at the testimony of cooperating defendent. The admission of the status of the cooperating defendant and what kind of punishment was given to the cooperating defendant in...

False confessions are a leading cause of wrongful convictions. Defendants under the age of 18 or who have mental retardation are at a high risk of making false confessions. Participants read a short synopsis of a hypothetical robbery and trial. They then answered several questions as jurors. The age (16 years or 32 years) and intelligence in terms of IQ (68 or 102) of the defendant were manipulated. Results suggest there was no effect of age or intelligence on verdict or confidence that the confession was true. There was an effect of age and intelligence on guilt confidence such that defendants are less confident of a guilty verdict when the defendant is a juvenile or has mental retardation than when the defendant is an adult or of average intelligence. Punishment of younger defendants was more lenient than punishment of adult defendants. Confessions made by defendants with mental retardation were perceived as less reliable than confessions made by defendants of average intelligence, but there was no effect of intelligence on punishment.

The aim of this thesis is the analysis of a cooperating defendant as a legal instrument of combating organized crime not only in the law regulations of the Czech Republic, but also in the laws of other European countries. This thesis also outlines the origin and development of this institution, both in the international context and in the context of the Czech legislation, including amendments and proposals de lege ferenda. In my work I am also comparing the Czech legislation with specific national legislations. I also mention some interesting legal cases that relate to these issues and present the views of the scientific capacities and respected experts. The thesis is divided into five chapters, which are complemented by introduction and conclusion. The first chapter deals with the historical development of the institute, both in the Czech Republic and in the territories of other states. The second chapter deals with the Czech legislation, the introduction of the institute, and amendments regarding also the laws outside of the Criminal Procedure Code. I also bring up some of the views of experts who evaluate the institute from various angles and express their opinion de lege ferenda. The third chapter presents the problems of organized crime, a topic closely related; institute of cooperating...

Cooperating defendant Abstract The cooperating defendant represents a relatively new instrument of Czech criminal law, it was introduced into the Czech legal system with effect from 1 January 2010. The main purpose of this legal instrument is to fight organized crime, which is characterized by its high social danger and is extremely difficult to combat for law enforcement agencies due to the considerable sophistication of the internal hierarchy of organized criminal groups. The legal instrument consists of the cooperation of the defendant with a public prosecutor, who designates them as a cooperating defendant in the indictment in exchange for information capable of making a significant contribution to the uncovering of organized criminal groups. The cooperating defendant is rewarded for their cooperation with a mitigation of their sentence and the sentence may even be dropped altogether. The first chapter of this thesis analyzes the terms of cooperating defendant and crown witness, describes the process of introducing the legal instrument of cooperating defendant into the Czech legal system and also mentions some similar legal instruments. The second chapter deals with the current legislation, some of its shortcomings and their possible solutions. The third chapter lists some of the most important benefits...