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SECTION 12 OF THE CANADA EVIDENCE ACT AND THE DELIBERATIONS OF SIMULATED JURIES

NCJ Number
34445
Journal
CRIMINAL LAW QUARTERLY Volume: 18 Issue: 2 Dated: (MARCH 1976) Pages: 235253
Author(s)
V P HANS; A N DOOB
Date Published
1976
Length
19 pages
Annotation
STUDY OF THE INFLUENCE OF KNOWLEDGE OF A DEFENDANT'S PRIOR CRIMINAL RECORD ON GROUP DELIBERATIONS AS ALLOWED UNDER SECTION 12 OF THE CANADA EVIDENCE ACT.
Abstract
THE STUDY WAS CONDUCTED TO DETERMINE HOW KNOWLEDGE OF THE DEFENDANT'S RECORD SERVES TO INCREASE THE PROBABILITY OF HIS CONVICTION IN BOTH INDIVIDUAL AND GROUP VERDICTS. A HYPOTHETICAL CASE WAS PRESENTED TO PARTICIPANTS, WITH HALF RECEIVING ADDITIONAL INFORMATION ON THE DEFENDANT'S PRIOR CONVICTION ON A SIMILAR CHARGE. IT WAS FOUND THAT JURIES WITH RECORD INFORMATION WERE MORE LIKELY TO CONVICT THAT INDIVIDUALS WITH RECORD INFORMATION WHILE BOTH OF THESE WERE MORE LIKELY TO CONVICT THAT GROUPS OR INDIVIDUALS WITH NO RECORD INFORMATION. THE AUTHORS CONCLUDE THAT KNOWLEDGE OF A PRIOR CONVICTION BIASES A CASE AGAINST THE DEFENDANT.

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