But whereas rape trials may no more be sullied by stereotypes about victim behaviour than is the case with Saturday night GBH, race hatred, mugging, and mini-market shoplifting, the sensitive political issues surrounding the crime of rape may drive pressures for the introduction of sui generis measures aimed at removing myths from
the minds of jurors.
This goes a long way towards proving negligence in
the minds of jurors.
«Any prejudicial effect this evidence might have had on
the minds of the jurors was far outweighed by its probative value on the issue to be determined by the jury.»
In R. v. Suarez - Noa, 2015 ONSC 3823 Justice Reid ordered a mistrial after the prosecutor suggested «to the jury that the accused had behaved like an animal rather than a human being,» calling the characterization «highly improper» and incapable of being «erased from
the minds of the jurors» (para. 10 - 11)
Given the pervasiveness of modern communications and the difficulty of effacing prejudicial publicity from
the minds of the jurors, the trial courts must take strong measures to ensure that the balance is never weighed against the accused.
Snipes said that ultimately, experts cancel each other out in
the minds of jurors, who instead look at the defendant's actions.
Not exact matches
Many
jurors actually make up their
minds about sentencing before the end
of a trial.
He said that for the retrial, the defense focused less on mental health records and experts and more on getting
jurors to see into the
mind of the woman who Parnham said drowned her children because she thought that if she didn't they would be taken by Satan.
To wit, Goldstein used a PowerPoint presentation offering 16 reasons that
jurors should «know» what was going on in Silver's
mind — even though Silver did not take the witness stand, and even though witnesses said there was never any explicitly articulated exchange
of favors for cash.
The prosecutor said
jurors could impute that state
of mind from other factors in the case, including the perception
of other people involved in the exchanges as well as what he called Silver's «lies» on required disclosure forms and in response to press inquiries.
He asked that
jurors bear in
mind three «silver bullets» that drove holes into prosecutors» case, including the forging
of Venditto's signature on the paperwork for one
of Singh's town - guaranteed loans.
The goal
of the government and the defense is to identify
jurors who might have made up their
minds about the guilt or innocence
of Mr. Silver, who was forced to step down as speaker
of the New York Assembly after his arrest in January.
Before sending
jurors home for the night, the judge, Valerie E. Caproni, gave the usual advice that they not read about or listen to news accounts regarding the case, but she added a caution that they should not make up their
minds because they had not heard all
of the evidence.
Though nearly all the
jurors had made up their
minds at the beginning
of deliberations, Ms. Phillips and Ms. Maynard said, the 12 took their time re-examining the evidence.
Perhaps if we were talking about Apple dictating prices on video games, there could be some room for Apple to gain the hearts and
minds of consumers (and
jurors).
In order to be effective on behalf
of clients, whether in a criminal or civil case, attorneys must be ready and willing to delve into questions that may be on the
jurors»
minds about evidence that was not presented — e.g., Why didn't the police get fingerprints off
of the victim's t - shirt?
If the Duke Lacrosse Rape Case influences the dominant narrative that pops into our
minds when we address the kinds
of questions Prof. Thompson poses, then it may pervert our perspective as a society
of potential
jurors.
As a
juror, you must wait until all the evidence is in before you can make up your
mind, and then you must participate in the deliberative process with the other
jurors, discussing everyone's impression
of the evidence, and its consequences.
Although much
of the interest in neurolaw has focused on understanding the
mind and brain
of criminals, neuroscience can also make important contributions with respect to
jurors and judges.
The idea here is that this allows
jurors to get their
minds thinking about what they are going to be considering at the end
of the case.
Either way, it probably won't create reasonable doubt in the
juror's
mind about the specific charge they're weighing and it has the potential to open a can
of worms that would be unfavorable to the defendant.
As
jurors are often told, «We know the contents
of other
minds by the statements people make and the behavior they engage in.»
This mythology finds its way into the decisions
of the police regarding their «founded» / «unfounded» categorization, operates in the
mind of the Crown when deciding whether or not to prosecute, influences a judge's or
juror's perception
of guilt or innocence
of the accused and the «goodness» or «badness»
of the victim, and finally, has carved out a niche in both the evidentiary and substantive law governing the trial
of the matter.
Eugene Volokh reports on a recent Ninth Circuit ruling in the case
of Williams v. Cavazos in which a
juror, who was reluctant to convict, was dismissed in the middle of deliberations: Dismissing a Holdout Juror in the Middle of Deliberations Because «His Mind Is Bent... Against the Prosecution&r
juror, who was reluctant to convict, was dismissed in the middle
of deliberations: Dismissing a Holdout
Juror in the Middle of Deliberations Because «His Mind Is Bent... Against the Prosecution&r
Juror in the Middle
of Deliberations Because «His
Mind Is Bent... Against the Prosecution»
Punitive damages require
jurors to read the
minds of corporate defendants, looking for bad intent or reckless disregard.
This was an emotional moment that focused the
jurors»
minds on the fact
of the regular ongoing communications — an essential part
of the case for this lawyer's client.
Did you know that in Alabama, not only are independent -
minded jurors screened out
of capital cases through death qualification
of juries, but that even when these rigged juries want to impose a penalty
of life without parole, a single judge can override twelve verdicts from
jurors?
Trial counsel's deficient performance prejudiced Syed's defense, because, but for trial counsel's failure to investigate, there is a reasonable probability that McClain's alibi testimony would have raised a reasonable doubt in the
mind of at least one
juror about Syed's involvement Hae's murder.