Thesis (Ph.D.) -- Dalhousie University, 2005. / Includes bibliographical references (p. 356-390). Also available on the Internet.

Thesis (Ph. D.)--University of Toronto, 2002. / Includes bibliographical references (leaves 103-106).

The purpose of the study was to examine whether a potential juror would give harsher sentences to defendants based only on the manipulation of the defendant's personal hobby. This was investigated by manipulating the hobby through a hypothetical manslaughter scenario in a vignette. Participants were asked to answer questions pertaining to the defendant's guilt and potential sentencing. Results indicate that participants' sex, participants' authoritarianism, and defendant's hobby were significant factors. Significant interactions were found pertaining to whether the defendant should receive counseling across sex by violence and sex by avocation. These results are evidence that the use of jurors in the legal system is flawed and needs to be improved upon. Future research should examine an age distribution closer to the national mean, and the online setting should be replaced with an in person mock jury that will have more realistic group dynamic and higher ecological validity.

The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's comprehension and decrease their bias must be discussed and propagated. The purpose of this thesis is to explore the answers to those questions and provide potential solutions to the issues facing the modern Florida jury. Law journals, statutes, and case law all suggest that juror comprehension decreases substantially when faced with highly complex evidence. Biases are also commonly associated with these forms of evidence and are leading towards unfair verdicts. Despite these problems, there are solutions that are readily available in the areas of alternative dispute resolution. Further solutions may be created through a revision of the jury instruction process. This thesis seeks to raise awareness of the problems facing the Florida jury and contribute solutions that are practical and easily used.

The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a tradition, and less of an edict. For centuries, theorists have attempted to determine whether an oath in court is actually effective at accomplishing its goal. The intent of this thesis is to examine the origin of the oath all the way up to the present day. It will be through a comprehensive study of federal law, state law, case law, articles, and publications that we will better understand the oath as a truth-telling instrument that in recent times has lost its effect. From there, it will be possible to better form a solution to a problem that plagues our courtrooms: perjury, or the act of lying under oath. This thesis will seek to establish the best way for our community to actively work towards ensuring the integrity and effectiveness of our judicial system.