Magister Legum - LLM / This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social truth’ to take centre stage as opposed to the legal truth. As such, testimonies by perpetrators and accounts by witnesses could only be permissible in Gacaca courts if they were socially acceptable by the community, and any evidence only needed to be orally validated by community members but not verified through formal legal procedures. The principal objective of this mini-thesis, therefore, is to examine how the ‘social truth’ was employed by Gacaca courts and how this kind of truth resonated with the communal nature of the courts.

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The jury method is a unique social setting in the Criminal Justice system that provides opportunity for social influence to occur. Questions about the formation of jurors’ individual and collective decisions have stimulated a great deal of interest and research. This study is a review of the juror decision-making process and the various sources of influence that can affect it. Mock jurors were asked to review a mock criminal trial as well as the testimony of 2 witnesses. Upon reviewing the case, a predeliberation verdict (guilty or not guilty) and the degree of certainty of that decision was made. Once deliberation had occurred and ended, the jurors were asked to make a postdeliberation verdict. This study was conducted to see if conformity would take place during a mock jury deliberation, and how influential the actual deliberation was on the jurors. The results demonstrated that not only did jury deliberation influence individual juror’s verdicts, but it made their verdict confidence stronger as well.

Rape and its impact on medieval women, as conceived by society and the law, have yet to receive extensive treatment. By analyzing not only rape cases, but evolving laws and the impact of the Church on views of sexuality and marriage and thus its influence on attitudes towards rape, this study shows that women were much more than victims and society, or the courts, reacted accordingly. Covering the years 1200 to 1250, this thesis examines secular court cases taken from the general eyre records of Yorkshire, Gloucestershire, Lincolnshire, Warwickshire, Berkshire, Wiltshire, Worcestershire and Staffordshire. Cases taken from the King's Bench and canon courts, including Canterbury, also provide an illustration of the process of rape litigation. Legal treatises, both canon and secular, serve as the foundation for the procedures required in either court system and show that rape was a punishable offense. However, society had difficulty viewing rape as a personal crime against a woman as opposed to a crime against her family and that is when it actually thought that sexual violence occurred. While still available to them, women used the rape laws to push their agendas and concerns onto the court - revenge, choice of marriage, justice. In court records, the heavy burden of proof and the high rate of dismissals support this conclusion. Women persevered through the inherent disadvantages presented by a patriarchal system and achieved a measure of control over their lives. This is evidenced by the nearly equal success and failure rates in the records examined; 33 percent ended in acquittal or dismissal, while 31 percent provided women with some closure. The passage of the Statutes of Westminster, by removing a woman's right to prosecute rape and marry the accused, also convincingly illustrated that women held a degree of power that was unacceptable to society.

This dissertation contends that to appropriately address the state of political equality and pursue democratic interest(s) in an increasingly commodified world, we must understand the more complex, socio-legal, and interdependent actions, actors, discourse, laws, and ideas which have grown increasingly important within campaign finance judicial out-comes, as these impact political equality and democratic governance. Consequently, this dissertation examines the largely underexplored factors that shape judicial outcomes and practical application of campaign finance policy which are explanatory of the distribution of electoral participatory power. This electoral participatory power is a key indicator of political equality in democratic nation states. The underexplored factors that I examine include corporate identity as an analytical concept and power resource, commodification of political speech, constitutional constraints, intergovernmental dialogue, regulatory ac-tors, and varied judicial and legislative commitments to democracy. To do so, the thesis utilizes and modifies insights from historical institutionalism, power resources models, neopluralism, and dialogue theory literature, to contribute to knowledge about how and why campaign finance policies and electoral participatory power of individuals, groups, and corporations have changed over time through judicial outcomes, practical administration, and related reforms. Through this demonstration, the analysis of this thesis opens up space to explore and identify sources and modes of gradual institutional change within the context of campaign finance judicial outcomes. Specifically, this thesis documents and critically examines the actions, actors, discourse, laws, and ideas which have permeated judicial conflicts in Canada and the United States over several decades and illustrates how they have determined the scope of corporate constitutional rights and freedoms, potential for money in politics, and the distribution of political equality in these two advanced democracies. / Dissertation / Doctor of Philosophy (PhD) / This dissertation examines the sources and modes of gradual institutional change within the context of judicial campaign finance conflicts and related reforms. It argues that the scope of corporate constitutional rights, the commodification of political speech, and the distribution of electoral participatory power are best understood through an analysis that utilizes and modifies insights from historical institutionalism, power resources models, neopluralism, and dialogue theory literature. To demonstrate this, this thesis critically examines the complex, socio-legal, and interdependent actions, actors, discourse, laws, and ideas which have grown increasingly important within campaign finance judicial out-comes, as these impact political equality and democratic governance. Consequently, this thesis illustrates how the scope of corporate constitutional rights and freedoms, potential for money in politics, and the distribution of political equality in the context of elections in Canada and the United States have changed over time, and the reasons for which they have.

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Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

While many scholars have ignored the cases that constitute the total litigational input to the U.S. Supreme Court, some have examined the possibility of a set policy or agenda for gatekeeping,or determination of which cases will be heard. This study is concerned with the methodological implications of gatekeeping analysis in relation to other studies and Court procedure generally, and the Burger Court from 1971 through 1973 specifically. The data consists of cases listed in the Appellate Docket Index to U.S. Law Week. The study seeks to clarify: 1) the relative strengths of origin and type of case as factors in the decision of the Court to hear a case, 2) the differences in summary and formal bearing policies, and 3) the amount of change or evolution in Court gatekeeping policy during the period. The findings indicate the presence of an active policy relative to the origin of cases in state or federal courts, while civil litigation was found to have greater access to the Court than criminal cases, linked apparently in part to the findings for civil liberties questions. Tax cases received no consistent treatment in the selection process. The conclusion indicates that the Burger Court, as of 1973, had developed no set agenda in relation to the factors studied, but does aot dismiss the possibility that if additional factors are studied over a longer period a pattern may emerge. / M.A.