NCJ Number
130244
Date Published
1991
Length
42 pages
Annotation
This chapter on trial procedures examines the use of evidence in an attempt to prove a conclusion beyond a reasonable doubt, two trial rules peculiar to Anglo-American law, and the problem of securing a fair finding of fact.
Abstract
The chapter opens with the presentation of the California Supreme Court's decision in People v. Rincon-Pineda (1975), which involves a defendant's appeal of a rape conviction, based on the judge's failure to caution the jury regarding the credibility of the complaining witness in a prosecution for sexual assault. The court held that the currently worded instruction, which originated in the 17th century, is inappropriate regardless of the particular evidence that might be adduced at trial. In addition to discussing jury instructions regarding the weight of evidence as a factor in factfinder decisionmaking, the chapter also considers the influence of the attorneys, the defendant's right to confront witnesses, and the character of the defendant as factors in determining guilt. A section on the fairness of the tribunal addresses jury selection, jury size (Ballew v. Georgia), jury representatives, and the jury as factfinder. The latter discussion considers research on factors in jury decisionmaking in addition to legal mandates and the persuasiveness of the evidence. 13 recommended readings and discussion questions