Chapter 1 : I attempt a detailed literature review on the passage from the probabilistic versions of the Condorcet Jury Theorem to models augmented by the concept of strategic agents, including both theoretical and relevant empirical work. In the first part, I explore the most influential relevant game theoretic models and their main predictions. In the second part, I review what voting experiments have to say about these predictions, with a brief mention of the experiments' key methodological aspects. In the final part, I provide with an attempt to map the recent strategic voting literature in terms of structure and scope. I close with a philosophical question on the exogeneity of a "correct" choice of a voting outcome, which is inherent in the current strategic voting literature. Chapter 2 : I develop a two stage game with individually costly political action and costless voting on a binary agenda where, in equilibrium, agents rationally cast honest votes in the voting stage. I show that a positive but sufficiently low individual cost of political action can lead to a loss in aggregate welfare for any electorate size. When the individual cost of political action is lower than the signalling gain, agents will engage in informative political action. In the voting stage, since everyone's signal is revealed, agents will unanimously vote for the same policy. Therefore, the result of the ballot will be exactly the same as the one without prior communication, but with the additional aggregate cost of political action. However, when agents have heterogeneous prior beliefs, society is large and the state of the world is sufficiently uncertain, a moderate individual cost of political action can induce informative collective action of only a subset of the members of society, which increases ex ante aggregate welfare relative to no political action. The size of the subset of agents engaging in collective action depends on the dispersion of prior opinions. Chapter 3 : This chapter shows theoretically that hearing expert opinions can be a double-edged sword for decision making committees. We study a majoritarian voting game of common interest where committee members receive not only private information, but also expert information that is more accurate than private information and observed by all members. We identify three types of equilibria of interest, namely i) the symmetric mixed strategy equilibrium where each member randomizes between following the private and public signals should they disagree; ii) the asymmetric pure strategy equilibrium where a certain number of members always follow the public signal while the others always follow the private signal; and iii) a class of equilibria where a supermajority and hence the committee decision always follow the expert signal. We find that in the first two equilibria, the expert signal is collectively taken into account in such a way that it enhances the efficiency (accuracy) of the committee decision, and a fortiori the CJT holds. However, in the third type of equilibria, private information is not reflected in the committee decision and the efficiency of committee decision is identical to that of public information, which may well be lower than the efficiency the committee could achieve without expert information. In other words, the introduction of expert information might reduce efficiency in equilibrium. Chapter 4 : In this chapter we present experimental results on the theory of the previous chapter. In the laboratory, too many subjects voted according to expert information compared to the predictions from the efficient equilibria. The majority decisions followed the expert signal most of the time, which is consistent with the class of obedient equilibria mentioned in the previous chapter. Another interesting finding is the marked heterogeneity in voting behaviour. We argue that the voters' behaviour in our data can be best described as that in an obedient equilibrium where a supermajority (and hence the decision) always follow the expert signal so that no voter is pivotal. A large efficiency loss manifests due to the presence of expert information when the committee size was large. We suggest that it may be desirable for expert information to be revealed only to a subset of committee members. Finally, in the Appendix we describe a new alternative method for producing the signal matrix of the game. Chapter 5 : There is a significant gap between the theoretical predictions and the empirical evidence about the efficiency of policies in reducing crime rates. This chapter argues that one important reason for this is that the current literature of economics of crime overlooks an important hysteresis effect in criminal behaviour. One important consequence of hysteresis is that the effect on an outcome variable from positive exogenous variations in the determining variables has a different magnitude from negative variations. We present a simple model that characterises hysteresis in both the micro and macro levels. When the probability of punishment decreases, some law abiding agents will find it more beneficial to enter a criminal career. If the probability of punishment returns to its original level, a subset of these agents will continue with their career in crime. We show that, when crime choice exhibits weak hysteresis at the individual level, crime rate in a society consisted from a continuum of agents that follows any non-uniform distribution will exhibit strong hysteresis. Only when punishment is extremely severe the effect of hysteresis ceases to exist. The theoretical predictions corroborate the argument that policy makers should be more inclined to set pre-emptive policies rather than mitigating measures.

Past literature has indicated that jury instructions are not written in ways that result in optimal juror comprehension, and can be improved through various ways of simplification. Prototypes of the insanity defense have also been found to influence juror decision-making. Additionally, individual factors such as attitudes toward and myth endorsement of the insanity defense can influence verdict. The following study explored these effects of jury instruction format, insanity defense consistency, and participant factors on jury understanding and decision-making. Three hundred and eighty jury eligible community members were recruited online for this study. Participants were first asked questions pertaining to attitudes and myths about the insanity defense. Afterwards, each participant read one of two vignettes (an insanity defense consistent case and an insanity defense inconsistent case), and then read one of three jury instructions (traditional, simplified, or flow-chart versions). The participants then reached individual verdicts and answered factual questions about the insanity defense and their perceptions on the defendant. Results indicated that simplified instructions increased participant knowledge over the traditional and flow-chart instructions, but did not influence verdict selection overall. Consistency, myth endorsement, attitudes, and perceptions of the defendant were also all found to contribute to the verdict. These results contribute to the current research on comprehension of jury instructions, especially in the context of an insanity defense case, and may provide additional information for attorneys to consider during the voir dire process.

Mass shootings, whether on a smaller scale or a large scale, take place frequently (LaFraniere, Cohen, & Oppel, 2015). Yet the media only covers a small fraction of crime events, and those selected often gather large amounts of attention. This is problematic because by only focusing on the only most extreme and newsworthy cases, the media distorts the general public's understanding of crime in the United States, and a person's actual likelihood of victimization (Schildkraut & Elsass, 2016). The purpose of the proposed study is to investigate in a nationally represented sample how individuals’ causal attributions for a school shooting with an Asian shooter, as well as whether media influence moderate their attitudes toward the shooter. Participants will be subjected to one of two media conditions, editorial type news or straight news, regarding a shooting and then will answer casual attribution questions and perceptions of the shooter. Participants who judge in-group members as the shooter are predicted to more likely to attribute the crime to external than individuals who judge out-group members. Also, it is predicted that individuals who judge out-group members as a shooter will not be more likely to attribute the crime to internal factors than individuals who judge in-group members. Lastly, it is predicted that editorial type news will influence individuals to attribute the shooting more to both external and internal factors than straight news would. This study may add important information on how media should be portrayed, and further explore attributions that are made against shooters. Implications for future research are also discussed.

One hundred and fifty-five Texas juries were examined to determine the sex of the person elected foreman. Because the role of the foreman is traditionally a male role and a leadership role, it was hypothesized that few women would strive for the position of foreman and that few would be elected to it. It is believed that the proportion of women foremen is a reflection of lack of achievement orientation (or learned helplessness) on the part of women in this situation, and of the degree to which members of the group have internalized the concept that women are less competent than men for a traditionally male leadership role. Of the 155 foremen only 14 were women, a finding which is significant at the .00001 level.

[pt] Tratar de tema tão relevante como a dimensão constitucional do tribunal do júri, com o fito de, em última instância, mostrar a razão por que se enquadra dentre os direitos fundamentais não é tarefa das mais singelas. É cediço que os direitos fundamentais decorrem de conquistas históricas que devem ser bem compreendidas e valoradas. São características principais dos direitos fundamentais a historicidade, a inalienabilidade, a indisponibilidade, a indivisibilidade e a imprescritibilidade. Não por outra razão, os direitos fundamentais são reputados os direitos básicos de uma sociedade que viva sob a égide do Estado Democrático de Direito, como, à guisa de exemplo, os direitos à vida, à liberdade, à propriedade, ao meio ambiente, à saúde, à educação, à cultura. Neste viés, busca-se, nesta dissertação, resgatar a evolução histórica do tribunal do júri até seu estádio atual, inserido na Constituição Federal de 1988 — a Carta Cidadã —, onde se encontra inserido como garantia fundamental do cidadão. Sem embargo das críticas lançadas contra os julgamentos populares, por decorrência do influxo da cultura positivista-normativa, é certo afirmar que essa instituição resistiu a todos os regimes ditatoriais e subsiste até os dias atuais, sendo o maior exemplo de arena na qual os princípios da ampla defesa e contraditório e da amplitude de defesa são exercitados à exaustão. / [en] Addressing a topic as relevant as the dimension of the constitutional jury trial, aiming, as final instance to show the reason why it falls among the fundamental rights is not the simplest task. It s evident that fundamental rights are the result of historical achievements that must be understood and valued. Its historicity, inalienability, non-availability, indivisibility and imprescriptibility, are the main features of fundamental rights. For no other reason, fundamental rights are deemed basic rights of a society living under the aegis of a democratic state, as, by way of example, the rights to life, liberty, property, environment, health, education, culture. In this way, we seek to, in this work, to rescue the historical evolution of the jury to its current stage, inserted in the Constitution of 1988 - the Citizen Charter - where it is included as a fundamental guarantee of the citizen. Notwithstanding from the criticisms launched against the popular judgments, due to the influence of the positivist-normative culture, it is right to say that this institution has resisted all dictatorial regimes and continues until the present day, being the greatest example of arena in which the principles of contradictory and full defense and range of protection are exercised to exhaustion.

O presente trabalho analisa a valoração da prova na decisão de pronúncia e os limites à sua motivação, realizando-se, inicialmente, um estudo sobre a origem dessa decisão com base em decisões de ordenamentos jurídicos passados. A regência legal da pronúncia é estudada para a compreensão de sua definição, requisitos, cognição e função que exerce no procedimento do Júri. Em relação à valoração da prova, objeto central do presente trabalho, estabelece-se um critério de decisão com base nos standards de prova da autoria ou da participação. A motivação é estudada para a verificação do funcionamento dos limites impostos pela lei a ela. / This study examines the valuation of proof in the indictment decision and the justification, and where, inictially a study about the origin of this decision based on pás legal decisions. The rulership to indictment is studied to understand its definition, requirements, cognition and the function that performs the procedure os the Jury. Regardin the evidence of proof, the central object of the present study we establish a decision criterion based on the standards of proof to autorship. The justification is studied to verifythe functioning of the limits imposed by law to it

Esta dissertação tem por objeto as narrativas emergentes a partir de um caso de assassinato ocorrido em Ouro Preto/MG em 14 de outubro de 2001, o caso Aline, que teve repercussão nacional ao ser representado com características de mistério e barbárie, tecendo uma teia de relações causais com diferentes elementos drogas, festas estudantis, satanismo e, em especial, jogos de interpretação de papeis (RPGs). A partir da noção de drama social de Victor Turner, analisa-se a ruptura do cotidiano de Ouro Preto com o crime, abrindo fissuras para a emergência de metáforas radicais de sacrifício e crucificação, que energizam a leitura do crime como ritual macabro. Analisam-se a evolução do processo e o julgamento dos acusados, o encontro de narrativas e o desfecho dissonante das expectativas punitivas. Em seguida, acompanha-se a produção de narrativas dominantes e o escalonamento dos conflitos do caso Aline para as arenas narrativas midiáticas, mágico-religiosas e jurídico-políticas. Discutem-se as expectativas de justiça e punição por meio da análise de linchamento moral e da busca por vítimas sacrificais, unindo-as com uma discussão sobre racionalidade penal moderna que permite questionar a aporia formada pela absolvição. Por fim, tecem-se algumas considerações sobre a produção de ordens e desordens no ritual do júri e o que poderia ser uma narrativa justa do caso Aline. / This dissertation analyzes the rising narratives of a murder case occurred in Ouro Preto/MG in October 14, 2001, the Aline case. This case was nationwide known due to the mystery and cruelty with which it was represented, weaving a web of causal relations with several elements drugs, student parties, Satanism and Roleplaying Games (RPGs). Victor Turners notion of social drama is engaged to analyze how the crime creates a breach in Ouro Preto everyday life, opening cracks for the arouse of root metaphors of sacrifice and crucifixion, that energizes the crime reading as a macabre ritual. The evolution of the process and the defendants trial are discussed as a narrative gathering with an unexpected non-punitive outcome. The crystallization of dominant narratives and the escalating conflicts of Aline case are followed to the media, magical-religious and juridical-political arenas. Then the expectations of justice and punishment are discussed, through an analyze of the moral lynching and the search of a escape goat, and also a discussion of the modern penal rationality, that enables questions on the aporia created by the defendants discharge. At last, some considerations on Jury ritual creations of order and disorder and of what could be a just narrative of Aline case.

This thesis examines the mode of trial concerns in the U.S.A., New York State, California, England and Wales and Canada --specifically the ability of the jury to comprehend complex cases and the perception/reality that bench trials may not be as fair as jury trials. Defining complex cases as those involving serious fraud indictments, capital murder trials, and lawsuits or indictments against corporations and their managers, the thesis examines problems associated with jury trials in such cases. It evaluates the comparative law and customs and practices regarding the use of juries, emphasizing problems with jury selection, deficits in jury deliberation and post trial problems associated with jury verdicts. The thesis also evaluates the judge only trial, attempting to determine whether a state imposed non jury trial in a criminal case as is presently proposed in the England and Wales Parliament creates an unfairness to the defendant because bench trials significantly differ from jury trials in the application of the rules of evidence and in the role of the judge. The thesis reports on the results of a survey of New York State trial judges, a like survey of New York State lawyers, and the opinions of nine England and Wales judges authorized to try serious fraud cases who were interviewed regarding these issues. The surveys and interviews finds that there is a high degree of support for jury verdicts expressed by the judges, examines evidentiary and pretrial practices in both modes of trial and attempts to evaluate whether claims of procedural flaws and prejudice in bench trials by respected academics are accurate. The thesis concludes by affirming the competence of juries to try complex cases, proposing modifications to post jury verdict procedures to evaluate jury misconduct and advocating that the bench trial evidentiary rules and conduct rules become comparable to the jury trial. The thesis recommends that mode of trial choices be given to the defendant, advocates that when a bench trial is selected that peremptory challenges of the trial judge be permitted and postulates that these reforms will make the bench trial a more attractive alternative to the jury trial in complex cases.

CoordenaÃÃo de AperfeiÃoamento de Pessoal de NÃvel Superior / Esta tese apresenta um estudo de dez crimes passionais julgados pelo Tribunal do JÃri brasileiro, sendo quatro os conceitos-chave que orientam a discussÃo: crimes passional, jÃri, honra, veredicto e sentenÃa. Um dos principais objetivos do trabalho foi caracterizar o discurso da honra nas prÃticas escritas e orais da elaboraÃÃo do crime passional, entendendo a honra como o valor do rÃu aos olhos dele mesmo e, mais ainda, à Ãptica da sociedade a que pertence. Na anÃlise que se segue, sÃo discutidos os conceitos de honra ligados ao pensamento sociolÃgico, antropolÃgico e jurÃdico, mais especificamente na figura do homicida passional, mediante atravÃs da apresentaÃÃo dos casos de crimes passionais e na anÃlise do argumento da âlegÃtima defesa da honraâ, discurso constituÃdo durante a narraÃÃo dessas mortes, desde a denÃncia do ato atà o julgamento pelo Tribunal do JÃri. A elaboraÃÃo deste texto à fundamentada na tipologia de estudo de casos, com abordagem qualitativa e mÃtodo descritivo. Na montagem da problemÃtica que orienta a discussÃo desta tese, tem-se a seqÃÃncia: caracterizaÃÃo da honra, apresentaÃÃo do Tribunal do JÃri, relato de uma sessÃo do jÃri, descriÃÃo dos casos de crimes passionais e anÃlise dos ilÃcitos. Nas conclusÃes da anÃlise, pode-se perceber que o crime passional, o discurso, o julgamento e a sentenÃa tÃm significados sociolÃgicos relevantes na caracterizaÃÃo desse condensado de idÃias, interpretadas como expressÃo das tradiÃÃes sociais, dever moral exposto na sentenÃa, e fortalecimento dos discursos da honra nas narrativas, aspectos formuladores do mundo social. / This thesis presents a study of ten cases of crimes of passion tried before the Jury Court (Tribunal do JÃri), a Brazilian court with specialized jurisdiction over each of certain grave offenses in which a life is taken. A main objective of the study was to characterize the discourse concerning honor in the written and oral practices in the construction of the crime of passion, understanding honor as a value of the accused, both through their own eyes and through the eyes of the society to which they belong. Concepts of honor are discussed in connection with sociological, anthropological and juridical thought, more specifically in the figure of the passionate murderer within the presentation of cases of crimes of passion and in the analysis of the juridical "legitimate defense of honor", a discourse constructed in the narrative of these deaths throughout the process from the charge of the crime to the verdict of the Jury Court. The development of the text is based upon a typology of the cases using a qualitative approach and descriptive method. The construction of questions guiding the discussion in this thesis takes the following sequence: characterization of the concept of honor, overview of the Jury Court, account of a jury session, description of the cases of crimes of passion and analysis thereof. It can be seen in the conclusions of the analysis that crime of passion, discourse, verdict and sentence all have sociological meaning as expression of social traditions and moral duty, strengthening the discourse concerning honor in the narrative and reinforcing aspects of the construction of the social world.

A continual problem in the adjudication of crime in the United States is the continued occurrence of erroneous convictions and acquittals. This problem impacts the victims of crimes as they endure emotional and mental distress of additional investigations and new trials. Defendants are impacted by errors in verdicts because of the loss of freedom while being factually innocent. These errors may occur because jurors may not be knowledgeable of their role, right and responsibilities. Without regard to the judge's minimum instruction, the jury is not provided direction on the purpose and limitations of their roles. Guided by the social cognitive theory, this correlational study examined the incorrect verdicts by jurors in 2 Georgia counties in order to evaluate whether pretrial training has an impact on the incidence of verdict error. An experimental design was used to evaluate the impact of juror training on the occurrence of erroneous convictions and acquittals. The study included 156 participants who were registered voters from Lowndes and Lanier County, Georgia. The variables training, verdict errors, and juror misconduct were analyzed using t test, Pearson correlation analysis, Levene's Test of Equality of Variances, and Chi square analysis. The findings indicated a significant inverse relationship between the administration of pre-trial training and the occurrence of verdict error. The results suggest a relationship between the occurrence of juror misconduct and erroneous convictions, which is consistent with impact of behavior on decision making as posited by SCT. The implications for positive social change include recommendations to Lowndes and Lanier County court administrators to consider routine pretrial training that includes information about the role of the juror in criminal trials.