Guilty Verdicts Research Articles

Perceptions of Anti-Black Bias in the Criminal Justice System Contribute to Pro-Black (Versus White) Bias in Criminal Justice Research

Black Americans experience more frequent guilty verdicts and harsher sentences in the criminal justice system. However, recent laboratory work often finds either trivial differences or a pro-Black bias where people provide more lenient verdicts for Black versus White defendants. Across five studies, we find a consistent pro-Black bias even after reducing social desirability concerns. Instead, the pro-Black bias results from a negative relationship between perceived anti-Black criminal justice bias and the Black suspect’s verdict. The current work shows the pro-Black bias as a consequence of the newly salient perception of racial bias in the criminal justice system. Consequently, as people’s perceptions of racial disparities in the criminal justice system increase, this in-lab effect may manifest in real-world criminal justice outcomes.

Analysis of the practice of application of Article 114-2 of the Criminal Code of Ukraine (Unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, movement or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of

The article analyzes the practice of consideration of cases under Article 114-2 of the Criminal Code of Ukraine, which provides for liability for unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, relocation or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of emergency. During the monitoring of court decisions posted in the State Register of Court Decisions for 2022 and 2023, 112 guilty verdicts were identified and analyzed, which were delivered by courts between March 24, 2022 and December 31, 2023 (except for those verdicts where information is prohibited for disclosure). During the analysis of the guilty verdicts, it was found that most of the persons were convicted under Part 2 of Article 114 of the Criminal Code of Ukraine and Part 3 of Article 114-2 of the Criminal Code of Ukraine. The author also examines what information was most often disseminated. The author identifies the most typical forms of active actions as a sign of the objective side of the crime, the peculiarities of their commission, the most common methods and tools of crime and qualifying features. Based on the analysis of the verdicts, a number of conclusions are drawn about the typical motives for this crime and the identity of the perpetrator, the presence/absence of sincere remorse, and the confession of guilt. Certain trends in sentencing of perpetrators are identified. In particular, it is noted that in 2022, courts actively used the institute of release from serving a sentence with probation (57% of convicts), but in 2023, 70% of perpetrators were sentenced to «real» imprisonment. As a result of the generalization, the author outlines the most typical criminal law features of this crime. In order to clarify the peculiarities of the offender’s portrait, the data from the report «On Persons Who Committed Criminal Offenses» for 2022-2023 were analyzed. In particular, the number of persons identified under Art. 114-2 of the Criminal Code of Ukraine, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, and the peculiarities of the crime (committed in complicity, while intoxicated) are determined. Certain characteristics, such as a person’s place of birth, marital status, dependent minor children, and disabled parents, were identified through sentence monitoring. As a result of summarizing these data, the author outlines a portrait of the offender.

Rules for the transfer of seized property to the management of the Asset Recovery and Management Agency of Ukraine and its return to the owner in the context of ensuring the inviolability of property rights

Having studied the rules for transferring seized property to the management of the Agency for Search and Asset Management of Ukraine and its return to the owner in light of the principle of inviolability of property rights, the author came to the conclusion that these rules should be changed. The special management regime of particularly valuable seized property must be primarily aimed at achieving the purpose of the seizure. For this purpose, it is sufficient merely to establish a prohibition for the owner to use and transfer his/ her property (freezing of the assets) to ensure its unimpeded collection into state income after delivery of a guilty verdict or an illicit enrichment decision. The legitimate interest of the state in preserving the economic value of assets could be satisfied by their owner under the control of the government authorities or by agreeing with him a responsible custodian of the property, whose activities must be limited to maintaining at the initial level the properties of the property that underlie its value. The transfer of seized property to a manager specified by the Asset Recovery and Management Agency of without the consent of the owner, as well as its forced sale, amounts to to the acquisition of the right to free temporary use of someone else’s property to receive income from it or to convert non-monetary property into its monetary value. These measures should be recognized as exceptional and their implementation should be possible if: (1) their owner will not provide financial or other guarantees for the potential recovery of the corresponding sums by the state; (2) their duration is limited to a reasonable period, which must be determined by the investigating judge (court) while making a judgment regarding permission to carry out these measures; (3) they are accompanied by the full responsibility of the state for any negative consequences of these measures, including the consequences of mismanagement of seized assets, which may lead to their unreasonably accelerated wear, lost profits, disclosure of commercial secrets, loss of trust on the part of employees and counterparties, etc. In addition, proceeds from asset management in case of cancellation of seizure of assets must be returned to their owner together with the assets.

Judicial instructions on alibis: impact on mock jury decision-making

Cloud Research (N = 320) participants read a hypothetical description of an arson and police investigation. They were randomly assigned to one of eight conditions in a 2 (presence of alibi evidence) X 2 (presence of prosecution evidence) X 2 (presence of judicial alibi instructions) between-participants design. They completed alibi believability ratings, chose a verdict and evaluated the defendant’s character. Alibis were more believable in the absence of incriminating prosecution evidence and the presence of exonerating alibi evidence. Alibi evidence also led to more positive views of the defendant. The presence of judicial instructions decreased likelihood of guilt ratings. Most participants chose a not guilty verdict, yet guilty verdicts were more common when prosecution evidence was present. Scalar verdict-confidence ratings were higher when prosecution evidence was present and alibi evidence was absent. While participant recall on the judge’s instructions were poor, they performed well on two recognition questions.

Naked statistical evidence and verdictive justice

AbstractWhat is it for the verdict of a criminal trial to be just? It is widely agreed that a Guilty verdict is just only if the defendant did the relevant deed, and only if his rights were not violated in the process of apprehending, charging, and convicting him. I argue that more is required: he must be found Guilty because he is guilty, and not solely for other reasons. The conviction must be based on the guilt. I argue that many rules of evidence and procedural rules designed to protect a defendant's rights also encourage fulfillment of this basing condition and that the condition helps to explain how an erroneous conviction involving no misconduct can nevertheless be a moral wrong. I argue that the condition also gives an explanation (among others) of why a naked statistic is insufficient for a just conviction.

Perceptions of bias and credibility of male and female clinical psychologist and psychiatrist expert witnesses presenting clinical information in the courtroom

Expert witness credentials and gender have independently been shown to influence jurors' perceptions of expert witness credibility and legal decision-making. This study examined how manipulations of expert witness gender (Male/Female) and profession (Consultant Clinical Psychologist/Consultant Psychiatrist) together affected mock jurors' perceptions of expert witness credibility, judgements, and decision-making. Mock jurors (N = 182; 80.9 % were White) were recruited from England and Wales and were randomly assigned to watch a video-recorded mock expert witness testimony. Participants rated the expert witness using the Witness Credibility Scale and reported the likelihood of assigning the defendant to a guilty verdict. Results showed significant interaction effects of expert witness gender and profession on jurors' perceptions of their likeability, trustworthiness, knowledge, and total credibility. Male psychiatrists, followed by female clinical psychologists, received the highest scores in most credibility variables. Varied main effects of expert witness gender and profession on credibility were also found. Overall, jurors' ratings of expert witness credibility, when controlled by the expert's gender and profession, predicted jurors' determination of guilt. This study provides evidence of a potential interaction effect between profession and gender in expert witness credibility and supports existing research linking credibility with ultimate decision-making. More research is needed to understand jurors' unconscious biases and cognitive processes in making legal decisions.

Mock jurors’ conservative ideology and punitiveness: the role of criminal justice orientations

ABSTRACT This study expands previous research that explored why conservative jurors are more punitive towards criminal defendants than their liberal counterparts, by examining criminal justice orientations as another potential mediator between political ideology and punitiveness. An experiment was conducted based on a sample of 433 juror eligible adults recruited from Amazon’s Mechanical Turk. After reading one of the two randomly assigned criminal trial scenarios that varied the strength of critical evidence, participants rendered a verdict and recommended a sentence. Results showed that individuals with more conservative attitudes were more likely to support a guilty verdict and harsher sentences for the defendant. Relationships were largely explained by individuals’ criminal justice orientations or value commitment regarding criminal justice operations. Results show that individuals’ endorsement of different criminal justice orientations may be an important mechanism underlying the link between conservatism and juror punitiveness. Findings, implications, and future directions are discussed.

Gender differences in homicides. A comparative analysis of 106 fatalities in forensic autopsy data.

While most homicides worldwide are committed against men, women and girls are disproportionately affected by domestic violence and its fatal consequences. The Istanbul Convention mandates the prevention of gender-based violence, particularly against women. This study analyzes the characteristics of male and female victims of homicides to provide a comprehensive understanding of the different situations and ways in which men and women are killed. Files of 106 forensic autopsies of homicide victims aged 14 years and older (51.9% males, 48.1% females) from 2012 to 2019 were reviewed. Demographic data, previous history with a focus on the perpetrator-victim relationship, substance influence, type of violence and law enforcement data were recorded. A gender-separated statistical analysis was carried out. Male victims were killed most often outside their own home (63.6%) by acquaintances or friends (54.5%). They were frequently under the influence of substances (56.4%). The perpetrators suffered from addictive diseases in 49.1%, and 52.7% had prior convictions. In both groups, stab/cut injuries were the most common causes of death, but stab/cut and gunshot injuries occurred more frequently in male victims. Female victims were killed most often in their own homes (76.5%) by intimate partners (62.7%). Compared to male victims, violent asphyxiation and blunt force trauma were more common causes of death. Furthermore, there was a higher frequency of multiple injuries (33.3%). The prevalence of a guilty verdict of the perpetrators was nearly equal in both groups. Gender-specific aspects should be considered when investigating homicides and establishing prevention and intervention strategies for interpersonal violence. Protective concepts are easier to establish in the public sphere than in private homes, which is why homicides against women require special attention in society, law enforcement, and legislation. Significant gender differences were found in the circumstances and the perpetrator-victim relationships of homicides. Gender-specific aspects should be taken into account when investigating homicides and developing prevention and intervention strategies. Homicides against women require special attention in society, law enforcement and legislation.

Effects of questioning styles and defendant’s intellectual disability on the public perceptions of a police interview and guilty verdict

This study examined how the public perceives interview styles and investigated the effects of a defendant’s intellectual disability on perceptions of a police interview and decisions about guilt. An online survey was administered to 841 members of the general public, who were presented with a fictional arson case and one of two different interviews, one ‘open-ended’ and the other ‘closed-ended’. Half of the participants received a description of a defendant with an intellectual disability. Participants believed that the open-ended interview was fairer, and that the defendant’s confession elicited through this interview was more voluntary, truthful and credible. Questioning style did not influence participants’ decisions about guilt, but the perception of the interview and confessions mediated between interview style and their decisions. Thus, interviewers are recommended to use open-ended questions during suspect interviews, not only to obtain information, but also to ensure that their confessions are admitted in court.

Legal Decision-Making in an Adult Rape Case Involving DNA Evidence.

This study investigated how jurors use deoxyribonucleic acid (DNA) evidence in an adult rape trial with a female victim and a male stranger defendant. Community members read a trial summary and then made case judgments (e.g., verdict). Results showed: (a) DNA evidence led to more pro-victim judgments (e.g., more guilty verdicts) than those who did not receive DNA evidence; (b) women were more pro-victim than men; (c) pro-victim judgments indirectly affected the presence of DNA evidence and verdict; and (d) the reason for a guilty verdict when DNA evidence was present typically noted a focus on the victim and DNA evidence.

The Role of Resistance and Emotionality in Sexual Assault Trials

Women’s behaviour during and after a sexual assault is often considered as an indicator of whether they are genuine victims. The current study explores the influence of victim resistance and victim emotionality on juror decision-making to determine if such stereotypes influence perceptions of sexual assault. Participants (n = 210) were assigned to one of four conditions where victim resistance (high vs low) and victim emotionality (high vs low) were manipulated. Results showed that victim resistance had a significant effect on juror judgments. In the high resistance conditions, more guilty verdicts were chosen and victims were perceived as more credible, less blameworthy, and less demonstrative of consent. Participant gender also had a significant influence on juror judgments. Meanwhile, emotionality only influenced some judgments, namely victim stereotypicality and chosen verdict. These findings demonstrate the need for education to challenge persisting rape myths that harm sexual assault victims and court proceedings.

Злоупотребление правом профессиональными участниками судебного разбирательства в суде присяжных

The article examines the forms of abuse of procedural rights by professional participants in court proceedings in a jury trial, factors that determined their emergence and ways to overcome this phenomenon in legislative regulation and judicial practice. The author follows the position that abuse of rights in a jury trial consists of the actions (inactions) of participants of the proceedings, which, according to external signs, do not go beyond the limits of these rights (powers), but contradict the purpose for which they were provided to the participant of the proceedings and objectively do not correspond the purpose of legal proceedings and its principles. As a form of abuse of right on the part of the presiding judge, the article examines his refusal to wait for a juror who has not appeared, if this entails the annulment of the jury’s verdict and (or) the dissolution of the panel. It is argued that a typical abuse of law for the public prosecutor is the extra-procedural collection of information about jurors, which, in the event of a not guilty verdict, is used to justify the illegality of the composition of the jury panel that examined the criminal case. Examples of abuse of procedural rights by a defender are considered, including his use of the right to object to the presiding judge final instructions as an additional speech to the jury. Ways to minimise these forms of abuse of rights are proposed.

Analysis of judicial practice on the application of Ukrainian legislation on combating exploitation in the context of armed conflict

The article analyzes the case law on the application of the Criminal Code of Ukraine on combating exploitation in the context of armed conflict. It is noted that the law of Ukraine on criminal liability contains two corpus delicti of criminal offenses relating to exploitation: human trafficking (Article 149) and child exploitation (Article 150 of the Criminal Code), but crime is moving forward and finding other forms of it. Also, in the context of armed conflict, such acts may be qualified under Article 438. Violation of the Laws and Customs of War of the Criminal Code of Ukraine, and law enforcement agencies do not distinguish the category of “human exploitation” separately.
 It is concluded that the number of registered criminal offenses under Article 149 of the Criminal Code of Ukraine and convicted persons for human trafficking correlates, in particular, in 2023 as 1:8, and in 2022 – 1:7. It should also be noted that only 56 per cent of the registered criminal offenses under Article 149 of the Criminal Code of Ukraine are sent to court with a guilty verdict. It is noted that child exploitation is characterized by a high level of latency due to unwillingness, and in some cases, unawareness of the unlawful acts committed against the victim (a person under 16 years of age).
 It has been established that the typical criminological portrait of a person who has committed human trafficking is as follows: a man (89 per cent) aged 30 to 50 (67 per cent), with a complete secondary or basic secondary education (67 per cent), able-bodied, but who has not worked or studied anywhere (56 per cent), a citizen of Ukraine (72 per cent). This criminal offense is not committed: under the influence of alcohol or drugs; by organized or criminal organizations. Only 28 per cent of criminal offenses under Art. 149 of the Criminal Code of Ukraine are committed as part of a group.
 It is noted that the main problems arising in the prosecution of persons who have committed criminal offenses under Art. 149 and Art. 150 of the Criminal Code of Ukraine are the imperfection of the rules, as well as the lack of uniform application in criminal cases of criminal offenses against the will, honor and dignity of a person.

ANALISIS YURIDIS PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL (PUTUSAN NOMOR 710/PID.SUS/2021/PN JKT.TIM

Defamation is an event where social interaction in the community environment harms one party, both materially and immaterially. With the development of the digital world, which moves social interaction from the real world to the digital world, it causes a newtype of crime, namely defamation on social media, and this type of crime is included in the category of computer-related crime. The legal basis for enforcing this criminal act of pollution is regulated in the Criminal Code and Law Number 19 of 2016 concerningInformation and Electronic Transactions. With the existence of dif erent forms of accountability for perpetrators of criminal acts, this is the basis for the creation of this paper using the library research method. This type of research is normative, with the nature of analytical descriptive research, and draws conclusions using deductive logic. There are several similarities in the acquittal and guilty verdicts, namely the existence of acts that allegedly attacked the victim's honor by perpetrators based on slander and the application of errors in the judge's considerations that looked more at psychological errors than normative errors

International standards for the application of the presumption of innocence in criminal proceedings

The presumption of innocence is an internationally recognized standard of criminal justice. However, law enforcement practice shows a lack of legal certainty regarding the understanding and implementation of certain provisions of this principle of criminal proceedings. The purpose of the publication is to identify and systematize the internationally recognized standards of guaranteeing the right to the presumption of innocence. The study used such methods of cognition as comparison, analysis, generalization, and a systematic approach, which made it possible to describe the results and substantiate the conclusions drawn. It is determined that, according to the case law of the European Court of Human Rights, the purpose of the presumption of innocence is to: ensure a fair trial by preventing accusatory judicial bias; prevent the formation of premature public opinion regarding the guilt/innocence of the accused, which may adversely affect the impartiality of the court; and protect persons who have been acquitted or whose proceedings have been closed on rehabilitative grounds. Ensuring the presumption of innocence requires ensuring that this right is real, not imaginary. It is established that when determining whether the principle of presumption was violated by public officials when informing the public about the progress of criminal proceedings, the European Court of Human Rights takes into account whether the officials' statement prompted the public to believe in the guilt of the person before the court passed a verdict and whether these statements could have influenced the assessment of the facts when making a court decision. When assessing statements made by public officials, it is necessary to distinguish between a statement of suspicion of committing a criminal offence and a statement that a person has committed a criminal offence in the absence of a conviction; to consider the context in which the statement was made and to take into account the actual content of the statements. The author substantiates the rules of the presumption of innocence in time: it is valid until the court verdict enters into force; a guilty verdict does not cancel a person's right to the presumption of innocence until it enters into force; the adoption of an acquittal or the closure of criminal proceedings on rehabilitative grounds requires that a person be found innocent and treated accordingly. The study will ensure unified law enforcement practice of pre-trial investigation bodies, prosecutors, and courts in respect of compliance with the rules of the presumption of innocence, which will contribute to the rule of law

Trafficking Narratives and the Prosecution of NXIVM

ABSTRACT Although cults often inflict significant damage upon their followers, the prosecution of cult abuse is a challenging feat because of the legally incoherent nature of the harms. Increasingly, prosecutors have addressed cult abuses by prosecuting cult leaders for human trafficking. We examine the 2019 trial of Keith Raniere, the founder of a group called NXIVM. Raniere never placed his followers in a sexual marketplace, and the operations of the organization lacked several hallmarks of trafficking, yet prosecutors were able to attain a guilty verdict. We argue that the prosecution’s success substantially derived from the attention paid to three “trafficking-adjacent harms”: gaslighting, coercive control, and trauma-coerced attachment. The convincing demonstration of these harms allowed prosecutors to establish a persuasive case against Raniere. The testimonies of Daniela, Nicole, and Sylvie, three victim/survivors of NXIVM, reveal how prosecutors use anti-trafficking legal frameworks to address cult exploitation.

Punishing environmental offenders: court decisions in environmental litigation in Taiwan

ABSTRACT This study investigates court rulings in public environmental pollution litigation, analyzing the factors influencing those decisions. We test an environmental judicial outcome model that considers the offense’s seriousness and the defendants’ resources/capabilities. Using environmental case data from six major cities in Taiwan between 2000 and 2018, we find that 78.2% of defendants were found guilty, 52.9% received probation, 19.0% were fined, and 28.1% faced imprisonment. This pattern differs from Western countries where fines are more prevalent and incarcerations rare. Statistical analyses reveal that the number of environmental offenses the defendant commits influences the court verdict and sentencing decision, defendants from private firms have lower odds of being found guilty but a higher probability of being fined, and the type of legal representation plays a mixed role in court judgments. Over time, there has been an increase in guilty verdicts and stricter punishments for environmental offenders in Taiwan.

Release from the criminal liabilty for crimes related to criminal influence

The article is devoted to the study of the types of exemption from criminal liability for crimes related to criminal influence provided for by the Criminal Code of Ukraine, as well as the regulation of this issue in the draft of the new Criminal Code of Ukraine. It was found that international acts do not establish the obligation of Ukraine to define in its legislation the cases of exemption of a person from criminal liability for committing the specified crimes, but they provide such opportunity. The application of general types of exemption from criminal liability provided for by the Criminal Code of Ukraine for the mentioned crimes is impossible, except for exemption due to the expiration of the statute of limitations. Special types of exemption from criminal liability provided for in the new version of Art. 255 and Art. 255-2 of the Criminal Code of Ukraine, cannot be applied for these crimes either, however, one of the grounds for their application is, in particular, active assistance in the investigation of crimes related to criminal influence. In the draft of the new Criminal Code of Ukraine, developed by the Working Group on the Development of Criminal Law as a part of the Commission on Legal Reform, exemption from criminal liability is not foreseen as a criminal legal remedy in general. However, a literal interpretation of the provisions of the Draft allows considering the provisions of Art. 3.4.2 on exemption from punishment as a partial exemption from criminal liability. At the same time, in relation to a person exempted from punishment, a guilty verdict is issued by court, and he is considered to be on trial. Based on the conducted research, proposals were developed regarding the possible improvement of the grounds for the application of special types of exemption from criminal liability, provided for in Part 6 of Art. 255 and Part 2 of Art. 255-2 of the current Criminal Code of Ukraine, as well as additions to Art. 3.4.2 of the draft of the new Criminal Code of Ukraine as a basis for the application of the exemption of a person from punishment for participating in a gathering of representatives of organized criminal groups.

When the Perpetrator is Found Not Guilty: Implications for the Treatment of Adolescent Sexual Assault Survivors

Sexual assault survivors can experience a wide variety of psychological consequences—from none to Major Depression Disorder to Substance use and, most commonly, Acute Stress Disorder/Post Traumatic Stress Disorder. These clinical outcomes depend on the severity of the assault, as well as pre-assault psychological status, and post-assault social support, the effectiveness of therapy, and events that occur during therapy. This case study will focus on one particular event that can arise during the treatment of a survivor of sexual assault, namely the impact of a not guilty verdict on the survivor occurring during the course of therapy. The client in question experienced an immediate and significant increase in depressive symptoms and the course of therapy needed to be altered significantly to respond to the not guilty verdict rendered during the therapy process. This case study will explore how therapy was altered in response to this guilty verdict and the lessons that were learned from this experience in order to better prepare assault survivors who are involved in legal proceedings during their therapy. Overall, this case study demonstrated the vital need to prepare survivors who plan to testify in court against the perpetrator beforehand for all possible outcomes of the trial. Furthermore, the case study demonstrated the need to implement effective interventions in the aftermath of a trial to help buffer against the effects of a “not guilty” verdict.

Empirical Analysis of Court Cases on Sexual Violence in Malaysia

Women and children suffer sexual violence despite the harsh punishment in Malaysia under the Penal Code of Malaysia and the Sexual Offences Against Children Act 2017. Statistics from the Malaysian Royal Police show that sexual offences cases are on the rise. However, not all cases result in a guilty verdict in court. Using purposive sampling, this research conducted a qualitative doctrinal analysis of cases from 2013 to 2023 which have been decided by the courts and published in law journals. The objectives of this research are firstly, to examine how women and children become victims of rape and sexual violence; and secondly, to examine the obstacles faced in convicting the accused. It is found from the published articles that vulnerable victims fall prey to the perpetrator’s deceit, threat or promises. Failure to promptly report the crime, failure in preserving evidence of sexual violence, and creating common mistakes in court are hurdles in convicting the perpetrators.