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1 |
Juror appraisals of forensic evidence: Effects of blind proficiency and cross-examination
ارزیابی صلاحیت شواهد پزشکی قانونی: تأثیر مهارت کور و معاینه متقابل-2020 Forensic testimony plays a crucial role in many criminal cases, with requests to crime laboratories
steadily increasing. As part of efforts to improve the reliability of forensic evidence, scientific and policy
groups increasingly recommend routine and blind proficiency tests of practitioners. What is not known is
how doing so affects how lay jurors assess testimony by forensic practitioners in court. In Study 1, we
recruited 1398 lay participants, recruited online using Qualtrics to create a sample representative of the
U.S. population with respect to age, gender, income, race/ethnicity, and geographic region. Each read a
mock criminal trial transcript in which a forensic examiner presented the central evidence. The low-
proficiency forensic examiner elicited a lower conviction rate and less favorable impressions than the
control, an examiner for which no proficiency information was disclosed. However, the high-proficiency
examiner did not correspondingly elicit a higher conviction rate or more favorable impressions than the
control. In Study 2, 1420 participants, similarly recruited using Qualtrics, received the same testimony,
but for some conditions the examiner was cross-examined by a defense attorney. We
find crossexamination significantly reduced guilty votes and examiner ratings for low-proficiency examiners.
These results suggest that disclosing results of blind proficiency testing can inform jury decision-making,
and further, that defense lawyering can make proficiency information particularly salient at a criminal
trial. Keywords: Forensic science | Proficiency testing | Expert testimony | Cross-examination | Jury decision-making |
مقاله انگلیسی |
2 |
Live witnesses in Chinese criminal courts: Obstacles and reforms
شاهدان زنده در دادگاه های کیفری چین: موانع و اصلاحات-2020 China has adopted a series of reforms to encourage witnesses to testify in court in amending its
Criminal Procedure Law (CPL) in 2012. However, empirical surveys have revealed that these and
subsequent reforms have failed to enhance the rate of witness appearances in criminal trials. This
article provides an overview of the history of Chinese criminal procedure law addressing live
witness issues in Part I. Part II analyzes the reasons that the reforms have been unsuccessful,
suggesting that they were overly focused on witnesss motivations and missed institutional resistance
to live testimony. Since police officers were not required by law to testify in court until
2010, and police are considered a special subgroup of witness in China, police witnesses are
examined separately in Part III. In Part IV, recommendations for further reform are put forward
to remedy past failures. Keywords: Live witnesses | Trial as the center | Cross-examination | Hearsay rule |
مقاله انگلیسی |