Evidence For Prosecution Research Articles

Imagining Mary Dean

Leon Edel expressed the central puzzle of writing biography as "every life takes its own form and a biographer must find the ideal and unique literary form that will express it" (qtd. in Novarr 165). My primary challenge in writing Poisoned: The Trials of Mary Dean – a biography in the form of a (fictionalised) first-person memoir purportedly written by the subject herself – was the location of a textual voice for Mary that, if not her own, could have credibly belonged to a woman of her time, place and circumstance. 2The 'Dean case' caused a sensation across Australia in the mid-1890s when George Dean was arrested for the attempted murder of his 20-year-old wife, Mary. George was a handsome Sydney ferry master who had played the romantic lead in a series of spectacular rescues, flinging himself into the harbour to save women passengers who had fallen overboard. When on trial for repeatedly poisoning his wife, his actions and motivations were not probed; instead, Mary's character and behaviour and, by extrapolation, those of the entire female sex, were examined and analysed. This approach climaxed in defence counsel claims that Mary poisoned herself to frame her husband, but George was found guilty and sentenced to hang, the mandatory punishment for attempted murder at that time.

Behavior Based Manipulation: Theory and Prosecution Evidence

If investors are not fully rational, what can smart money do? This paper provides an example in which smart money can strategically take advantage of investors' behavioral biases and manipulate the price process to make profit. The paper considers three types of traders, behavior-driven investors who are less willing to sell losers than to sell winners (dispositional effect), arbitrageurs, and a manipulator who can influence asset prices. We show that, due to the investors' behavioral biases and the limit of arbitrage, the manipulator can profit from a pump-and-dump trading strategy by accumulating the speculative asset while pushing the asset price up, and then selling the asset at high prices. Since nobody has private information, manipulation here is completely trade-based. The paper also endogenously derives several asset-pricing anomalies, including excess volatility, momentum and reversal. As an empirical test, the paper presents some empirical evidence from the U.S. SEC prosecution of pump-and-dump manipulation cases that are consistent with our model.

A recent voice parade

An account is given of a case in which a voice parade contributed significantly to prosecution evidence. A witness had overhead his landlord arranging for another younger man to set fire to a house (where a fire later that night resulted in a woman’s death), and claimed to know the voice. A voice parade was constructed using composite samples from this suspect’s interview tapes, and, as foils, composite samples from police interviews with similar young men from the London Asian community. The witness identified the man from the voice parade, and also recognized him in a visual parade. This, together with other evidence, resulted in both men being convicted. The paper outlines the problems involved in picking foils from the interview tapes supplied by the police, discusses the format and conduct of the resulting parade including the question asked of the witness, and summarizes challenges in court to the fairness of the parade. In conclusion ways are suggested in which the procedure might be streamlined and its reliability improved.

“Science,”“common sense,” and DNA evidence: a legal controversy about the public understanding of science

Law courts are important institutional settings in which public understanding of science is problematic. Courts have struggled with the question of how to handle scientific evidence in a system of justice in which lay jurors are responsible for deciding the facts of the case. Judicial conceptions of science and of jurors' capacities to understand scientific evidence inform decisions in particular cases. Such decisions, in turn, act as precedents that, for better or worse, embed judicial conceptions of public understanding of science into the workings of the legal system. This paper examines an English case in which the difference between “scientific” and “common sense” evidence was explicitly at stake. In this case Regina v. Adams, DNA evidence was used to convict the defendant of rape. The principal item of prosecutorial evidence was a match between DNA profiles developed from the defendant's blood and from semen recovered at the crime scene. Prosecution experts expressed the evidence in probabilistic terms, estimating a probability of one in 200 million that a DNA profile from a randomly chosen unrelated man in the relevant population would match the profile developed from the crime stain. Other so-called “common sense” evidence supported the defendant's not guilty plea. The case was appealed twice in the mid-1990s as the Court of Appeal deliberated over an innovative effort by the defense to counteract the prosecution evidence by converting the non-DNA “common sense” evidence into probability estimates. In its decisions, the Court reinstated a boundary between the “scientific” and “common sense” evidence, arguing that this boundary was necessary to preserve the jury's role as trier of fact. The paper's discussion of the court's boundary work addresses unresolved problems with the place of probability estimates in jury trials.

Memory and judgment: availability versus explanation-based accounts.

Two theories about the relationship between memory and decisions are examined. In an explanation-based model, the organization in memory of decision-relevant information determines decisions. In an availability model, the amount of information sampled from memory that supports competing decisions is crucial. In Experiment 1, subjects read evidence from a legal trial, made decisions, and provided free-recall data. Evidence presentation order was manipulated to produce differences in evidence coherence. When the prosecution evidence order was coherent, the subjects were more likely to choose guilty verdicts, and recall of prosecution evidence, relative to defense evidence, was greater. Thus, both evidence coherence and availability of information in memory could account for the basic findings. In Experiment 2, recall differences were eliminated as a function of evidence order. The results show that verdict effects favoring the more coherent prosecution evidence are obtained even when the relative amounts of prosecution and defense recall are equated across conditions.

The Legal Aspects of Undercover Police Operations in England and Wales

This paper analyses the judicial contribution to the English law relating to undercover police operations. The analysis is undertaken from the perspective of an academic lawyer specialising in criminal evidence and procedure. It is demonstrated that judicial attention has largely been focused on two issues: First, the extent to which the use of undercover police operations may lead to the exclusion of prosecution evidence, or even to a complete stay of the proceedings; and, secondly, the extent to which sensitive information about undercover operations may justifiably be withheld from the defence. In examining these issues, the paper endeavours to show that there has been a tendency on the part of the English courts to advocate the use of ‘balancing tests' to resolve issues, without articulating clearly the considerations to be taken into account in performing these tests. An examination is also undertaken of the legal position in the USA and Canada and of the significance of the Human Rights Act 1998. A number of proposals for reform of the law are made. The paper was originally presented at a conference on ‘Developments in Contemporary Policing: Intelligence-led Operations and Inter-agency Co-operation’, University of Kent at Canterbury, 18th April, 1997.

Investigations into White‐Collar Offences and the ‘Sick Man’ of France

In England and Wales the Crown Prosecutor is a lawyer who is independent from the investigation and is charged with assessing evidence and evaluating whether a prosecution should proceed or not. The CPS is intentionally authorised to override the decisions of the police to curb any potentially over‐zealous investigations and evidence gathering that might subsequently tarnish the standards of procedure in the courts when applying the criminal law. The increasingly burdensome rules of disclosure have made demands on the CPS which are akin to the overall requirement on the investigating magistrate of civil law jurisdictions to find the truth by examination of the prosecution and defence evidence. The recent moves to return a limited number of lawyers to police stations is a further indication that the future role of the CPS may include an active rather than solely passive role in evidence gathering. The Serious Fraud Office are directly involved in the investigation and prosecution of complex frauds. This office has statutory and judicial authority to conduct investigations which follow an inquisitorial rather than accusatorial model. The juge d'instruction in France has authority to direct and control police investigations and subsequently to compile a dossier of evidence for presentation before a trial court. This paper points out that there are close parallels emerging in pre‐trial procedures in England and Wales and in France and the criticisms of the role of the investigating magistrate, the ‘sick man’, may hold lessons to be learnt for investigators and prosecutors within this jurisdiction.

Judicial decision making: order of evidence presentation and availability of background information

An experiment was conducted to investigate both the effect of the order of presentation of defence and prosecution evidence and the prior availability of background information on assessment of guilt. Subjects were required to judge the defendant's probability of guilt either after each witness statement (step-by-step) or after having read all witness statements (end-of-sequence). In the step-by-step mode, an order effect was observed with later evidence exerting a greater impact on the subjects' judgment. This recency effect probably occurred because subjects used an anchoring-and-adjustment process: each new piece of evidence was averaged with an anchor judgment reflecting the overall assessment of previous items. In the end-of-sequence mode, on the other hand, the order effect depended on the background condition: if background information was provided a recency effect occurred, but if no background information was available a primacy effect was evident. This result might be explained by assuming that subjects tried to integrate witness information into a coherent cognitive pattern. As the judgment is memory-based in the end-of-sequence condition, recent information will be more available than earlier items. However, when no background information was presented, the first evidence items had to be processed at a more semantic, deeper level, resulting in a primacy effect that apparently outweighed the recency effect. © 1998 John Wiley & Sons, Ltd.

Issues in Statutory Rape Law Enforcement: The Views of District Attorneys in Kansas

The 1996 federal welfare reform law calls for the reduction of adolescent pregnancy rates through aggressive enforcement of statutory rape laws at the local and state level. Yet there are few quantitative data on district attorneys' attitudes toward enforcement and related issues. Anonymous surveys were mailed to all 105 Kansas district attorneys in 1997; 92 surveys were returned. In-depth telephone interviews were conducted with seven of the attorneys. Most of the respondents (74%) favored aggressive enforcement, but just 37% believed the public would support aggressive enforcement. Only 24% believed enforcement would reduce adolescent pregnancy. Fifty-seven percent supported the current legal age of consent in Kansas (16 years). Fifty-three percent thought the law should not specify age differences between the partners. Most (77%) believed the law should protect sexually active minors, and that paternity acknowledgments should be admissible evidence in prosecutions (78%). Only 17% believed that enforcement would discourage adolescents from seeking health care. The potential impact of statutory rape prosecution on reproductive and psychological health should be considered in each case. Educating law enforcement officials about adolescent health care issues and encouraging them to consult with professionals in health and psychological fields may help to minimize the potentially negative effects of enforcement on adolescents' reproductive health.

Likelihood ratios for mixed stains when the number of donors cannot be agreed.

Suppose that part of the prosecution's evidence in some crime case is analysis of a blood stain, and that the traits E discovered in the stain suggest multiple donors. Then the prosecution will probably allege some specific inculpatory hypothesis H0 about the sources of the stain, and P (E [symbol: see text] H0) can be calculated. It is desirable to use this as the numerator of a likelihood ratio. However, in general the obvious denominator P (E [symbol: see text] approximately H0) cannot be calculated, so unless the defense is sufficiently obliging as to stipulate to a specific choice among the potentially infinite number of more or less exculpatory alternative hypotheses, the desired likelihood ratio can't be evaluated. We show that nonetheless, in most cases there is an adequate inequality.

The admissibility of hypnotic evidence in u.s. courts

For the past two decades, the American judiciary has confronted the admissibility of hypnotic evidence in criminal prosecutions. These courts have uniformly rejected the admissibility of out-of-court statements made while an individual is in hypnosis. In contrast, the courts divided sharply over the admissibility of hypnotically refreshed testimony. Some courts adopted a per se rule of exclusion; these courts, however, also carved out exceptions for testimony based on prehypnotic memory and testimony of the accused. Courts admitting hypnotically refreshed testimony adopted three different positions: (a) a "credibility" approach, which left the reliability issue to the jury; (b) a "discretionary admission" approach, which left the reliability issue to the trial judge; and (c) a "procedural safeguards" approach. In addition, constitutional concerns played an influential role in some of these cases. This diversity in the case law often resulted from a judicial failure to understand the scientific research on hypnosis. Courts have also considered the use of hypnosis as a basis for expert testimony about an accused's mental state. Unless the advantages of hypnotically refreshed testimony are significant, why add more problems?

4. Are a Blood Alcohol Concentration of 256mg/dl and Minimal Signs of Impairment Reliable Indications of Alcohol Dependence?

This article describes a drunk-driving scenario where a woman was apprehended for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 256mg/dl. The correctness of this result was vigorously challenged by a medical expert witness for the defence, who was actually a specialist in alcohol diseases. Despite reanalysis to confirm the BAC as well as a DNA profile to prove the identity of the blood specimen, the woman was acquitted of the charge of drunk driving by the lower court. However, she was subsequently found guilty in the High Court of Appeals with a unanimous decision and sentenced to four weeks imprisonment. This case report illustrates some of the problems surrounding the use of expert medical evidence by the defence to challenge the validity of the prosecution evidence based solely on a suspect's BAC. In situations such as these, an expert witness should be called by the prosecution to clarify and, if necessary, rebut medical and/or scientific opinions that might mislead the court and influence the outcome of the trial.

Grade related changes in young people's reasoning about plea decisions.

The present study examined the development of young people's ability to reason about legal issues involved in a plea decision in a criminal matter. Forty-eight subjects in each of grades 5,7, and 9, and 48 young adults participated in a semistructured interview containing four vignettes, each depicting a young person who had committed a criminal offense was charged, and retained a lawyer. Subjects received information regarding the charge and the prosecution's evidence (weak in half of the vignettes and strong in the other half). Subjects were asked to decide what they would plead if they were in the defendant's shoes, and to justify their choices. Contrary to prediction, a majority of even the Grade 5 subjects based their plea decisions on legal rather than moral criteria. Nonetheless, there were significant grade-related changes both in legal reasoning scores and in the use of guilt-based plea justifications. In addition, according to a panel of lawyers, subjects' plea choices were rated as more reasonable when the evidence against the story character was strong (and thus congruent with “moral” guilt) than when it was weak. This difference, diminished with grade as subjects became better able to separate moral from legal issues in their decision making.

Preparation of statements by medical witnesses: the use of medical evidence in criminal prosecutions.

Preparation of statements by medical witnesses: the use of medical evidence in criminal prosecutions.

Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries

My subject is the story of the entry of lawyers into the English criminal courts and their impact on trial procedure. Until the eighteenth century lawyers played little part in the trial of felonies in England—in the trial, that is, of those accused of the most serious offenses, including murder, rape, arson, robbery, and virtually all forms of theft. Indeed, the defendants in such cases were prohibited at common law from engaging lawyers to act for them in court. In the case of less-serious crimes—misdemeanors—defendants were allowed counsel; and those accused of high treason, the most serious offense of all, were granted the right to make their defense by counsel in 1696. But not in felony. Accused felons might seek a lawyer's advice on points of law, but if they wanted to question the prosecution evidence or to put forward a defense, they had to do that on their own behalf. The victim of a felony (who most often acted as the prosecutor in a system that depended fundamentally on private prosecution) was free to hire a lawyer to manage the presentation of his or her case. But in fact few did so. The judges were generally the only participants in felony trials with professional training. They dominated the courtroom and orchestrated the brief confrontation between the victim and the accused that was at the heart of the trial.

The relationship between police practice, community characteristics, and case attrition∗

More than half of the suspects arrested for felonies in the United States are released. Are police failing to provide enough evidence for prosecution of these suspects? This article summarizes a study of 25 Los Angeles County police departments and concludes that although such a conclusion seems logical, case‐attrition patterns may not be a valid basis for evaluating the quality of police work. For the two categories of crime studied, robbery and burglary, some departments convicted twice the number of their arrestees as others. Community crime rates play a slight role in this and the money and resources departments can devote to each arrest are also factors. Purely demographic differences between communities appear to account for little, if any, variation in case attrition. Although critics clamor for more convictions, the police may not see this as their role. According to the study, none of the respondents knew or cared where they stood in relation to other departments’ attrition rates. In most officer...

The Walls (And Wires) Have Ears: The Background and First Ten Years of the Foreign Intelligence Surveillance Act of 1978

The caller was determined later to have been Ronald W. Pelton, a former employee of the National Security Agency, and the subject was serious: espionage against the United States. This and other conversations that constituted critical evidence in the espionage prosecution of Pelton** were acquired through electronic surveillance by the FBI under the authority of the Foreign Intelligence Surveillance Act of 1978. In light of the Act's tenth anniversary, this commentary discusses the legal and political foundations for that statute, its contents, and the consequences of its implementation. The commentary concludes by discussing the results of the Act's subjugation to judicial scrutiny since its

The evolution of consent search law

This study examines the legal issues associated with consent searches conducted by law enforcement officers to gather evidence for criminal prosecutions. Through a review of the available case law relating to consent searches the study examines the requirements of a valid consent to search, the issues associated with these requirements, and the relationship between these requirements and the Fourth Amendment. While the paper focuses on Supreme Court decisions, lower court cases are included to illustrate specific points and examine general trends. The reader is given a general understanding of judicial preferences for procedures to be used when effecting consent searches.

Decision making in joined criminal trials: The influence of charge similarity, evidence similarity, and limiting instructions.

The present research investigated decision-making processes in “joined” trials of multiple offenses. Subjects judged videotaped trials of three joined charges in a factorial design that varied charge similarity, evidence similarity, and judges' instructions designed to reduce judgement biases; or judged one of several charges presented individually. The results indicated that subjects were more likely to convict a defendant in a joined trial than on the same charge tried by itself, particularly when the charge was presented in the third position. Convictions were more frequent when joined charges were similar, and judges' instructions significantly reduced conviction rates. Subjects judging joined trials confused evidence among charges, rated the prosecution's evidence as stronger, and rated the defendent less favorably than subjects judging single trials. The findings were compared statistically to the results of previous research, and it was concluded that increased convictions in joined trials are robust effects.

Case structure, participation and verdict in the Melbourne magistrates' courts

Analysis of 907 cases decided by six Melbourne magistrates' courts suggests that the high conviction rates obtaining in these and other courts are largely explicable in terms of the circumstances under which defendants are apprehended, and their behaviour on apprehension. According to prosecution evidence defendants are almost invariably either seen offending or seen to have offended. On apprehension, defendants confess to 85% of the charges against them. Some of the confessors and almost all the non-confessors plead not guilty. The success of their pleas depends largely on the basis for their defence and to a limited extent on whether they give evidence and are legally represented. The implications of these findings are briefly discussed.