Sentencing on the Evidence

2016 ◽  
Vol 29 (4) ◽  
pp. 365-390 ◽  
Author(s):  
Esther Nir ◽  
Elizabeth Griffiths
Keyword(s):  
Critical Factor ◽  
Judicial Discretion ◽  
Forensic Evidence ◽  
Criminal Trials ◽  
Physical Evidence

The type and quantity of evidence in a case is a critical factor for deciding guilt but should have little or no influence on the sentencing determinations of judges post conviction; this is because case evidence goes to guilt decisions by triers of fact, whereas sentences are imposed upon those already convicted. This study examines the effects of evidentiary type and the total quantity of physical evidence in a case on length of custodial sentence. The results demonstrate that violent felony cases with forensic evidence and those cases with more varied pieces of physical evidence result in longer custodial sentences for convicted defendants. Thus, the findings indicate that inculpatory evidence in criminal trials has enduring effects post conviction and, more broadly, suggest that judicial discretion at sentencing is, at least in part, influenced by the judge’s confidence in the defendant’s guilt.

scholarly journals Cabining Judicial Discretion Over Forensic Evidence with a New Special Relevance Rule

2018 ◽  
pp. 173
Author(s):  
Emma Shoucair
Keyword(s):  
Best Practices ◽  
Forensic Science ◽  
Judicial Discretion ◽  
Forensic Evidence ◽  
Criminal Trials ◽  
Science Reform ◽  
Rules Of Evidence ◽  
Federal Rules Of Evidence ◽  
Special Relevance

Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or a high showing of scientific viability.

scholarly journals Case Investigation and Forensic Evidence for a New Plant Disease: The Case of Lettuce Corky Root

Plant Disease ◽  
2015 ◽  
Vol 99 (3) ◽  
pp. 300-309 ◽  
Author(s):  
Ariena H. C. van Bruggen ◽  
Isolde M. Francis
Keyword(s):  
Plant Disease ◽  
Crime Scene ◽  
Disease Diagnosis ◽  
Forensic Evidence ◽  
Reconstruction Process ◽  
Physical Evidence ◽  
Crime Scene Reconstruction ◽  
Corky Root ◽  
Scene Investigation

The process of disease diagnosis reminds of the process of solving a crime. This starts with a so-called ‘crime scene investigation’ (CSI) carried out in a highly systematic manner. The CSI is followed by ‘forensic investigation’ in specialized laboratories. The final step in solving a crime is the ‘crime scene reconstruction’ process, which involves systematic elimination of unlikely scenarios and comparison of results from the analysis of physical evidence with eye witness accounts. If more evidence becomes available, an ‘old case may be reactivated’. In this review, the same sequence of activities is followed to solve a plant disease problem using a case study of a disease that was difficult to diagnose, namely the ‘case’ of corky root of lettuce.

Towards Restorative Sentencing in International Criminal Trials

2009 ◽  
Vol 9 (5) ◽  
pp. 809-832 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Transitional Justice ◽  
International Criminal ◽  
Judicial Discretion ◽  
Discretionary Power ◽  
Criminal Trials ◽  
Post Conflict ◽  
Trial Outcomes ◽  
Trial Structure ◽  
International Criminal Trials

AbstractThis article considers how sentencing might be re-conceptualised if restorative justice became a more integral part of the rationale for international criminal trials. More specifically, it focuses on issues of admissibility and proof; trial structure; procedural justice; the role of victims and trial professionals, and the role of judicial discretionary power in sentencing decisions. The paper concludes by suggesting that change is possible by utilising judicial discretion as a force for developing more restorative trial outcomes and dealing effectively with inconsistency, appeal and the enforcement of sentences. More broadly, such changes should be seen as an opportunity for international trial outcomes to engage more directly with the challenges of facilitating transitional justice in post-conflict states.

scholarly journals Electronic evidence and its authenticity in forensic evidence

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Ahmad Fekry Moussa
Keyword(s):  
Information Technology ◽  
Computer Science ◽  
Information Technologies ◽  
Electronic Materials ◽  
International Agreements ◽  
Legal Systems ◽  
Forensic Evidence ◽  
Criminal Trials ◽  
Electronic Evidence ◽  
Digital Or

Abstract Background The basis for criminal trials is the judge’s conviction of the evidence presented in a case. His belief is based on the context or evidence he is satisfactory with and understands. However, the law may establish certain evidence for the judge to adhere to. This study aims to identify the extent of the authenticity and strength of digital or electronic evidence in criminal trials, by identifying legislative trends in the various legal systems, and examining what legal jurists have done to determine the extent of the authenticity of the electronic evidence of cybercrimes. Results This study will research the legitimacy of electronic evidence and the conditions for its verification, the extent of the authenticity of electronic evidence found during an investigation, the difficulties of obtaining electronic evidence that can be presented before the courts, and the extent of a presiding judge’s freedom to determine if electronic materials presented in court should be used as evidence. Conclusions Two conditions must be met: first, the electronic evidence must be legally obtained based on written permission from the competent investigation authorities; second, it must be verified as valid by computer science and information technology experts. If those two conditions are not met, the evidence is invalid. The study gives reason to talk about the need for the adoption of international agreements on cooperation in the development and exchange of computer and information technologies, aimed at preserving electronic evidence from destruction and oblige countries to implement and comply with these agreements.

‘We Will Not Go Away’

2020 ◽  
pp. 325-339
Author(s):  
Stephen Cody ◽  
Eric Stover
Keyword(s):  
International Criminal ◽  
International Justice ◽  
Criminal Trials ◽  
Criminal Investigations ◽  
Physical Evidence ◽  
International Criminal Tribunals ◽  
Retributive Punishment ◽  
Victim Participation ◽  
International Criminal Trials

This chapter studies the participation of victims in international criminal tribunals. Victim participation in international criminal trials has been uneven. Historically, prosecutors often have side-lined victim testimony in favour of documentary or physical evidence or assumed that justice for victims equated to retributive punishment of offenders. In recent decades, however, victims have become more active contributors in criminal investigations and proceedings. Victim participation at all stages of the Hissène Habré trial, for example, suggests a growing trend towards greater victim inclusion in international and national criminal trials. As such, it is incumbent on court personnel, as well as international justice researchers and practitioners, to better understand the diverse needs of victims and how they can be best supported before, during, and after trials.

scholarly journals Beliefs about error rates and human judgment in forensic science

2018 ◽  
Author(s):  
Gianni Ribeiro ◽  
Jason Marcus Tangen ◽  
Blake M McKimmie
Keyword(s):  
Forensic Science ◽  
Error Rates ◽  
Human Judgment ◽  
Forensic Evidence ◽  
Csi Effect ◽  
Criminal Trials ◽  
Forensic Testimony ◽  
Effect Literature ◽  
People’S Perceptions ◽  
Keywords Forensic Science

Forensic science techniques are often used in criminal trials to infer the identity of theperpetrator of crime and jurors often find this evidence very persuasive. Unfortunately, two of the leading causes of wrongful convictions are forensic science testing errors and false or misleading forensic testimony (Saks & Koehler, 2005). Therefore, it is important to understand jurors pre- existing beliefs about forensic science, as these beliefs may impact how they evaluate forensic evidence in the courtroom. In this study, we examine people’s perceptions of the likelihood of error and human judgment involved at each stage of the forensic science process (i.e., collection, storage, testing, analysis, reporting, and presenting). In addition, we examine peoples’ perceptions of the accuracy of — and human judgment involved in — 16 different forensic techniques. We find that, in contrast to what would be expected by the CSI effect literature, participants believed that the process of forensic science involved considerable human judgment and was relatively error-prone. In addition, participants had wide-ranging beliefs about the accuracy of various forensic techniques, ranging from 65.18% (document analysis) up to 89.95% (DNA). For some forensic techniques, estimates were lower than that found in experimental proficiency studies, suggesting that our participants are more skeptical of certain forensic evidence than they need to be. Keywords: Forensic science, forensic evidence, accuracy, error rate, CSI effect.

Making a Space for Medical Expertise: Medical Knowledge of Sexual Assault and the Construction of Boundaries between Forensic Medicine and the Law in Late Nineteenth-century England

2012 ◽  
Vol 8 (2) ◽  
pp. 285-304 ◽  
Author(s):  
Ivan Crozier ◽  
Gethin Rees
Keyword(s):  
Forensic Medicine ◽  
Boundary Work ◽  
Medical Knowledge ◽  
International Justice ◽  
Late Nineteenth Century ◽  
Forensic Evidence ◽  
Medical Expertise ◽  
Physical Evidence ◽  
Late Nineteenth ◽  
Major Factors

This article looks at the boundary work performed by Victorian doctors in order to position themselves as beneficial to the court in helping to determine whether a woman had been raped. These doctors provided tangible physical evidence to support already widely-held beliefs about the nature of the rape victim. Such physical evidence could then be used to support, or undermine, the complainant’s allegation. The article concludes that the reliance upon forensic evidence, the result of such boundary construction, is one of the major factors maintaining the current international “justice gap” in rape cases.

Interrogative Suggestibility: Comparison between ‘False Confessors’ and ‘Deniers’ in Criminal Trials

1984 ◽  
Vol 24 (1) ◽  
pp. 56-60 ◽  
Author(s):  
Gisli H. Gudjonsson
Keyword(s):  
Memory Capacity ◽  
Forensic Evidence ◽  
Criminal Trials ◽  
Police Interrogation ◽  
Criminal Suspects ◽  
Interrogative Suggestibility

The Gudjonsson Suggestibility Scale (GSS) was administered to two groups of criminal suspects: (i) subjects who had retracted confession statements they had made during police interrogation; (ii) subjects who persistently denied any involvement in the crime they were charged with in spite of forensic evidence against them. It was hypothesized that the ‘false confessors’ would be more suggestible than the ‘deniers’. The hypothesis was confirmed, showing that the ‘deniers’ were significantly more resistant to both suggestive questions and interpersonal pressure than the ‘false confessors’. The ‘deniers’ also tended to be more intelligent, but the two groups did not differ significantly with regard to their memory capacity for verbally presented material.

Sign in / Sign up

Export Citation Format

Share Document