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Criminal procedure is organized as a tournament with predefined roles. We show that assuming the role of a defense counsel or prosecutor leads to role induced bias even if people are highly motivated to give unbiased judgments. In line with parallel constraint satisfaction models for legal...
Persistent link: https://www.econbiz.de/10008662600
This paper examines the impact of jury racial composition on trial outcomes using a unique dataset of all felony trials in Sarasota County, Florida between 2004 and 2009. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random...
Persistent link: https://www.econbiz.de/10008665132
Persistent link: https://www.econbiz.de/10013134308
Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary judgment before reaching a trial; government agencies as well as prosecutors employ investigative and screening processes before initiating formal adjudication; and many Continental...
Persistent link: https://www.econbiz.de/10013100084
Drawing upon data interviews with Chinese judges who were involved in the decision-making process, we develop two variables for analyzing the influence of social ties, or guanxi, in the judicial setting. The first differentiates the strength of guanxi – whether it is strong or weak. The second...
Persistent link: https://www.econbiz.de/10012964219
Traditional justice in the rural areas of South Africa is dispensed by official traditional courts, where they are presided over by traditional leaders. The Black administration Act 38 of 1927 currently makes provision for two types of courts depending on the nature of the facts before the...
Persistent link: https://www.econbiz.de/10013000703
In the United States, the 1970 Supreme Court decision Williams v. Florida 399 U.S. 78 (1970) reduced from twelve to six the minimum number of jurors required under the Sixth and Fourteenth Amendments. In the hope of improving the legal process with faster deliberation and fewer mistrials, eleven...
Persistent link: https://www.econbiz.de/10013112863
Evidence has repeatedly shown that disparities in crime sentences can be attributed to certain variables considered outside the legal dimensions of the case. The majority of research that investigates factors that contribute to such disparities has primarily focused on crimes of varying...
Persistent link: https://www.econbiz.de/10013156099
Benami Transactions are dealings in which consideration for the property is provided by one person and the said property is held in the name of another person i.e. Benamidar. However, there is no intention on part of the real owner (the person who provided the consideration) to transfer any kind...
Persistent link: https://www.econbiz.de/10012836391
The Federal criminal sentencing guidelines struck down by the U.S. Supreme Court in 2005 required that males and females who commit the same crime and have the same prior criminal record be sentenced equally. Using data obtained from the United States Sentencing Commission's records, we examine...
Persistent link: https://www.econbiz.de/10012776558