Jury Research Articles

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.

Information and digital technologies in jury trial of criminal cases in Russia

It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.

Citizens with Felony Convictions in the Jury Box: A Peer‐Judgment Argument

AbstractCurrently, almost all polities that allow for jury trials deprive people with felony convictions of their right to serve as jurors on criminal trials. Against these exclusionary practices, we contend that there are epistemic and political reasons to enable (and not merely allow) convicted felony defendants to serve as jurors. These reasons are derived from the ideal of peer judgment, which we take to be deeply ingrained in and relevant for ensuring fair jury‐judgment practices. In this article, we construct an account of peer judgment understood as equal subjection to coercive law, spell out the epistemic dimension of this account, and use it to argue that there are stronger reasons for having people with felony convictions serve as jurors, as compared to average, noncriminalized citizens. Our peer‐judgment argument is meant to both weaken and outweigh current justifications for excluding people with felony convictions from jury service.

Криминалистические аспекты участия гособвинителя в формировании коллегии присяжных с позиций ситуационного подхода

The article considers the tactical aspects of the prosecutor’s participation in forming the jury panel. The study aims to identify and analyze existing tactical issues of the state prosecu­tor’s involvement in this stage of judicial proceedings and develop proposals for their resolu­tion. The research methodology is based on a combination of general scientific and specialized methods, as well as a situational approach. Tactical tasks facing the state prosecutor at this stage of legal proceedings are outlined. From the perspective of the situational approach, the process of establishing and maintaining psychological contact between the prosecutor and potential jury candidates is examined. The ways in which the state prosecutor studies the personalities of potential jurors are presented. The author identifies typical situations of jury selection. A solution to the problem of potential jurors concealing information about them­selves is proposed, involving the identification of situations within the jury candidate ques­tionnaire, depending on the form of the questionnaire and the likelihood of lying in response. The conclusion is drawn that the effective influence of the prosecutor on the composition of the jury panel is based on the judicious use of their right to challenge with cause and without cause, which is grounded in the results of studying the jurors’ personalities.

Problems of prosecutorial strategy in jury trials: A situational approach

The article reveals the problems of enhancement of efficiency of prosecutor’s activity during court with participation of jurors and offers the ways of their solution on the basis of development of the strategy of state charge maintenance. The notion of strategy of maintaining state charge in a jury trial has been developed and the essence of its applied meaning has been revealed. The structure of strategy has been determined and the contents of its elements depending on the emerging judicial situations. Familiarization with the pre-trial investigation materials by prosecutor as a basis for building the strategy of state charge maintenance has been proposed to divide into two stages: initial information review and building the evidentiary basis. Judicial situations depending on the existing informational and psychological context of court proceedings with the participation of jurors were singled out and characterized as well as the ways of their solution were worked out. The most effective procedure of evidence presentation during the jury trial according to the chronology of crime development has been determined on the basis of modeling; the problem of surprise factor has been considered and the ways of its solution from the situational approach have been suggested; a number of tactical and psychological techniques of presenting indirect or contradictory evidence during the jury trial have been suggested. The typical models of behavior of the defense during the jury trial, illegal and acceptable ways of psychological influence of the defense have been identified. The analysis of defense lawyer’s activity aimed at “scandalization of justice” has been performed on the basis of the judicial practice study. On the example of typical situations arising during the formation of the jury panel the role of realization of the state prosecutor’s strategy in the situational model of court proceedings with the participation of jurors is shown.

Development of psychoacoustics index for motorcycle exhaust noise by multiple regression method

Exhaust sound is an essential characteristic of a motorcycle when it comes to the interest of young motorcycle riders. It has become such an essential characteristic that riders, after looking into the performance, style, and ergonomics, look into the exhaust sound produced by the muffler. It has thus become critical for motorcycle manufacturers to tune their mufflers in such a way that they are appealing to the customers while adhering to sound emission regulations. As per the current trend of Indian motorcycle rider’s scenario, more attention is given to sound attributes like beat feeling, sportiness, and pleasantness. This research paper aims to develop a psychoacoustic model that can rate the exhaust sound of motorcycles targeting the Indian customer’s preferences and interests with regard to the engine exhaust sound. Presently, a study has been carried out on beat feeling, sportiness, and pleasantness, a perceivable attribute of sound in the family of motorcycles. Motorcycle buyers often perceive the exhaust sound of motorcycles in idling conditions at some distance away from the muffler, which formed the basis while recording exhaust sounds. Initially, exhaust sounds were recorded, which led to the calculation of psychometrics as objective variables. The calculated objective variables were given as input to the multiple regression model. A jury panel consisting of experienced NVH professionals and riders evaluated these sounds on a 7-point evaluation scale. These subjective ratings were given as the target variable to the multiple regression model. The obtained model was later validated with subjective data of motorcycles, including those at the prototype stage. Thus, a model has been established to aid exhaust designers in comparing their motorcycle at different prototype stages with the competitor’s vehicle, allowing them to make an early decision with respect to the muffler design modifications, thereby reducing the time-consuming and expensive jury tests.

‘Open’ or ‘Closed’? Participation in English Manorial Presentment Juries, c.1310–c.1600: A Quantitative Approach

Abstract Historians of both the medieval and early modern eras have characterised the governing structures of rural communities as being dominated by local elites. However, interpretations are hampered by a lack of clear criteria against which to evaluate whether a village-governance regime was ‘open,’ and characterised by wide participation, or ‘closed’, and characterised by the narrow restriction of office to an elite group, making it difficult to draw comparisons across time and space. This article uses a set of quantitative methodologies to solve this problem. It examines presentment juries in the manorial court, a governing institution which straddles the late medieval and early modern period, in three case-study communities for the period from 1310 to 1600. By applying four measures of participation, the article reveals that post-Black Death juries were characterised by a nuanced system of restriction. They were open in the sense that a large proportion of the male population, drawn from a wide range of families, acted as jurors and there was a continuous turnover in jury panels. However, they were also closed in that a small group of prominent individuals and families served a disproportionately frequent number of times. The results also question an established narrative of increasing monopolisation of village governance by a new ‘middling sort’ over the sixteenth century. Instead, change over time and space reveals a variable set of trends, with no universal linear pattern. The inflexibility of manorial institutions, combined with local demographic regimes and trends in landholding, led to significant differences in political participation between communities.

A Bandage on A Broken System: Moving Beyond Peremptory Challenges To Increase Indigenous Juror Representation In Canada

In 2016, Colten Boushie, a 22-year-old Indigenous man, was fatally shot by Gerald Stanley, a white farmer. Stanley was later acquitted of second-degree murder and manslaughter by an all-white jury. Peremptory challenges became the major legal focus, with the all-white jury attributed to the defense attorney’s peremptory dismissal of five Indigenous individuals from the final jury panel. Following a raucous public debate, just two months after Stanley’s acquittal, Canada’s Government quickly introduced Bill C-75, eliminating peremptory challenges. While some legal actors view the ban on peremptory challenges as a step toward improving Indigenous juror participation, others argue that this elimination decreases Indigenous representation. As the insular debate endures, it continues to distract from numerous substantial issues with more profound implications on Indigenous juror representation. Through an analysis of the Jury Acts of Ontario, Saskatchewan, and Manitoba, this Article highlights how provincial jury pool selection and summoning policies continue to encourage Indigenous exclusion. For more representative juries, Canada must move past peremptory challenges and acknowledge that sustained efforts made in partnership with Indigenous communities are desperately needed. Examples are offered of structurally-oriented, deeper reform actions to begin the process of addressing root causes of white-washed criminal juries in Canada.

Jim Crow in North Carolina: The Legislative Program from 1865 to 1920 by Richard A. Paschal

Reviewed by: Jim Crow in North Carolina: The Legislative Program from 1865 to 1920 by Richard A. Paschal Abel A. Bartley Jim Crow in North Carolina: The Legislative Program from 1865 to 1920. By Richard A. Paschal. (Durham, N.C.: Carolina Academic Press, 2021. Pp. xx, 297. Paper, $29.00, ISBN 978-1-5310-1771-3.) In Jim Crow in North Carolina: The Legislative Program from 1865 to 1920, Richard A. Paschal crafts an interesting narrative about how Jim Crow legislation impacted North Carolina. The book documents the way race-based laws constructed by the North Carolina General Assembly shaped race relations in the state from Reconstruction through 1920. Traditionally, North Carolina was viewed as a moderate southern state with decent race relations and abundant educational opportunities for African Americans. Paschal attacks that narrative, deconstructing North Carolina's exceptionalist claims by showing that North Carolina maintained a virulently racist system throughout the post–Civil War period. North Carolina's Jim Crow laws were not the foundation of the state's discriminatory system; they instead simply confirmed the established customs that buttressed the white power structure in the state. Paschal pulls no punches as he questions the various theories about the origins of segregation. He acknowledges that C. Vann Woodward, Joel Williamson, and Howard Rabinowitz each supply partial answers to the origins of segregation, but none answers all the questions. Paschal questions Woodward's theories espoused in his classic work The Strange Career of Jim Crow (3rd rev. ed.; New York, 1974). Woodward argued that segregation came about as a result of the Democratic redemption of the state and the desire to end the challenge from the Populist movement. Paschal says that segregation and discrimination were prominent features of North Carolina life even during slavery, although he acknowledges the power of the Populist movement in the state. White North Carolinians did not need new legislation to enforce their racist actions. They relied on violence, chicanery, and intimidation to ensure white dominance of the state. The end of slavery created new expectations about race and social etiquette in the South. Woodward suggested that African Americans and whites mingled freely in economic and political matters during Reconstruction. Legalized racial segregation was a relatively new aspect of southern life. White North Carolinians turned to chicanery when they realized they could not win at the ballot box. [End Page 400] Paschal utilizes lists of laws to make his argument that between 1865 and 1920 North Carolinians were busy codifying white supremacy in the state. To make his point, the author explores several areas of social life, from politics and voting to school segregation, asylums, lynching, and juries. Between 1898 and the 1900s, white Democrats used violence, intimidation, and discriminatory laws to finally drive African Americans from the ballot box. They used discriminatory screening to block African Americans from the jury box. The lack of jury representation wreaked havoc on African Americans trying to get justice in the courts or challenge the new legal realities. North Carolinians refused to fund insane asylums, but they monitored private funds to ensure African Americans and whites were housed in separate facilities. Paschal notes that until 1885, when it was outlawed, North Carolina utilized a dual taxing program to ensure that white schools had more funding than African American schools. Paschal has written a wonderful book, which is a must-read for those interested in how Jim Crow developed and spread in North Carolina. North Carolina clearly was no different from other southern states. Paschal's writing is engaging, and the scholarship is impeccable and very thorough. However, the list of laws can be tedious at times, but if the reader takes the time to study them, they add to the arguments. In conclusion, I strongly recommend this book to anyone interested in North Carolina's or America's complicated racial past. Abel A. Bartley Clemson University Copyright © 2022 The Southern Historical Association

‘Snatch, Grab and Jury Speculation’: Reviewing the Use of Force in Robbery: R v Martins [2021] EWCA Crim 223

‘Snatch, Grab and Jury Speculation’: Reviewing the Use of Force in Robbery: <i>R v Martins</i> [2021] EWCA Crim 223

Jury Selection in Victorian England

Abstract The process of empanelling a jury in nineteenth-century England was controlled in most of the country by the County Juries Act 1825. At a formal level, the process was orderly and followed three stages: the preparation of a jury panel from the county jurors’ books, the summoning of the men on the jury panel, and the selection of the trial jury from the panel. In practice, the county sheriffs and undersheriffs were able to exert some influence on the process, an influence that at times ran directly contrary to legislative requirements, and sometimes was even corrupt. Contemporaries complained continually about these informal practices, and their impact upon the perceived quality of the trial juries. This article examines each of the three stages in the jury selection process, including both the legislative requirements and the implementation of those requirements, and it charts the complaints made by contemporaries. The article also attempts to assess some of these complaints by reference to archival materials from the counties of Gloucestershire and Wiltshire. Some of these complaints were well-founded, but others – especially the alleged removal from the jurors’ books of men who qualified as special jurors – appear to have been overstated. Nevertheless, the influence of the sheriffs and undersheriffs is clear, and justified or not, the dissatisfaction with the quality of jurors may have contributed to the decline in the use of jury trial over the course of the nineteenth century.

Constitutional right of citizens to participate in the administration of justice: some problems of development in the Russian Federation at the present stage

This study is devoted to the implementation of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the topic is seen in view of the continuing problems associated with the legal regulation of the mechanism for attracting citizens to such participation. The paper uses formal-legal, system-structural, predictive methods, as well as methods of analysis, synthesis, deduction, induction, dialectical method. The author examines the controversial issues related to the implementation of the constitutional right to participate in the administration of justice, the problems of its implementation by citizens of the Russian Federation at the present time.The novelty of the research is manifested in the identification of the main problems of the realization of the constitutional right of citizens to participate in the administration of justice, as well as in the author's proposals for their solution. In particular, the study analyzes the problems existing in the functioning of the institutions of arbitration and jurors, evaluates the proposals of the legal community on the possible expansion of the scope of jurors. The author comes to conclusions about the need to make adjustments to the legal regulation of the procedure for involving arbitration assessors in the judicial process, taking measures aimed at changing the attitude of citizens to participate in the administration of justice; about the need to make adjustments to the legal regulation of the procedure for the formation of a jury panel, the premature expansion of the jurisdiction of criminal cases to a court with the participation of jurors and the inexpediency of extending the scope of the activities of jurors in civil disputes.

Некоторые аспекты доказывания по делам, рассматриваемым судом с участием присяжных заседателей

Представление участниками процесса доказательств в ходе проведения судебного разбирательства судом с участием присяжных заседателей имеет ряд особенностей, обусловленных спецификой проведения судебного следствия при данной форме судоговорения и регламентированных главой 42 УПК РФ. В статье проанализированы проблемные аспекты судопроизводства в суде с участием присяжных заседателей. Объектом исследования является совокупность общественных отношений, складывающихся в ходе проведения судебного следствия по уголовным делам, рассматриваемым судом с участием присяжных заседателей. Предметом исследования выступают нормы действующего российского уголовно-процессуального законодательства, регламентирующие специфику доказывания по делам, рассматриваемым судом с участием присяжных заседателей, материалы судебной статистики и правоприменения. Цель исследования – выявление актуальных проблем исследования доказательств в суде с участием присяжных заседателей. В целях получения научного результата использовались статистический, сравнительно-правовой и формально-логический методы, основанные на принципах научного познания. При изучении порядка судопроизводства по делам, рассматриваемым судом с участием присяжных заседателей, автором использовались научные публикации по теме исследования, проанализированы нормативные особенности проведения судебного разбирательства по данной категории дел и положения законодательства иностранных государств, регламентирующие институт суда присяжных заседателей. В результате выявлены проблемные аспекты проведения судебного следствия, влияющие на содержание вынесенного присяжными заседателями вердикта. Эмпирическую основу исследования составили решения судов разных регионов Российской Федерации и статистические данные Судебного департамента при Верховном Суде Российской Федерации. Ключевые слова и словосочетания: уголовное судопроизводство, суд с участием присяжных заседателей, доказывание, судебное следствие, пределы исследования фактических обстоятельств дела.

Our Lower Courts Must Get in ‘Good Trouble, Necessary Trouble,’ and Desert Two Pillars of Racial Injustice — Whren v. United States and Batson v. Kentucky

This summer, following the senseless murder of George Floyd, America, once again, began to march and protest for Black Lives. All around the country and world, sports teams and leagues, businesses, universities, and other organizations issued statements or, better, started campaigns or reform efforts to address police violence against Black Lives. In taking a step beyond the four corners of the courthouse, multiple lower courts broke their silence and condemned the treatment of African Americans in our criminal justice system. One chief justice went so far as to state that “... black people are ostracized, cast out, and dehumanized.” While these statements, which, in the words of the Wall Street Journal, are a “break with tradition” and should be applauded, the lower courts must do more than make bold remarks. Our lower courts (and the Supreme Court) must reckon with their own reinforcement of systemic racism and act to dismantle oppressive precedents. As the late Representative John Lewis would suggest, the lower courts should get in “good trouble, necessary trouble.” They should begin their efforts by removing from the legal textbooks Whren v. United States and Batson v. Kentucky — both of these precedents reflect our courts’ destructive endorsement of colorblindness and racial bias. African Americans are disturbingly over-included as targets (defendants) and over-excluded as decision-makers (jurors) in our criminal justice system. In Whren v. United States, the Supreme Court unanimously granted license to disparately police communities of color through pretextual traffic stops at the unfettered discretion of law enforcement. Strong empirical data demonstrates the negative real-world consequences of Whren since its inception in the late 1990s. Further, Batson v. Kentucky created a race-neutral test for a predominantly race-neutral problem, and its progeny further exacerbated the vast disproportionate exclusion of African Americans from our juries. A recent study conducted by the Berkeley Law Death Penalty Clinic adds to the ever-growing literature illustrating this continued “whitewashing” of the jury box. This article is a call to the lower courts to abandon Whren and Batson by either overruling or “narrowing [them] from below” utilizing an analytical framework that draws upon Justice Kavanaugh’s recent concurrence in Ramos v. Louisiana, considers the actual, rather than perceived dangers, of Whren and Batson, and pays homage to the proficiency of the Supreme Court’s jurisprudence. Statements by our lower courts during a time of great distress in our nation are welcomed, but it is their messages or actions (not mere isolated words) that will bring about the nonviolent revolution needed in our criminal justice system.

Parcourir en funambule le livre palimpseste d’un présent illisible. La Liste Goncourt – Le Choix de la Roumanie 2020

Proceedings of the Goncourt Jury – the Romanian choice, 2020

A Study on the United Kingdom's civil jury system and its implications on public participation in civil justice

A Study on the United Kingdom's civil jury system and its implications on public participation in civil justice

Elaboração e validade de conteúdo do questionário de análise do acesso de adolescentes a equipamentos específicos de lazer e identificação das barreiras

O estudo teve por objetivo a elaboração e análise da validade de um instrumento para avaliação do acesso de adolescentes a equipamentos específicos de lazer e fatores que agem como barreiras. O instrumento consiste num questionário, elaborado com questões fechadas, tipo Likert, com escala nominal em três níveis. O critério de análise da validade foi o de conteúdo, sendo o instrumento submetido ao crivo de cinco doutores (júris) com notório saber nos estudos do lazer. Os resultados indicam que o Índice de Validade de Conteúdo (IVC) foi positivo para os dois constructos analisados – acesso aos equipamentos de lazer (IVC= 0.98) e fatores que atuam como barreiras (IVC= 0.98). Quanto a análise qualitativa, nota-se que a agilidade e a abrangência foram apontadas como pontos positivos. Por outro lado, a falta de possibilidade de respostas subjetivas, a ausência do “ateliê” no rol de equipamentos específicos e a inexistência da barreira “pouca diversidade” foram sinalizados como pontos negativos. Após análise dos apontamentos qualitativos, reflexão e diálogo com a literatura especializada, alterações foram realizadas, dentre elas a inserção do item “ateliê” como equipamento específico e o item “pouca diversidade” como barreira. Conclui-se que o instrumento dispõe de validade de conteúdo qualitativa e quantitativa, sendo apropriado para avaliar o acesso e os fatores que atuam como barreiras ao uso de equipamentos específicos relacionados aos diferentes interesses culturais do lazer.

Castration for osteomalacia

As the essence of osteomalacia, so even more the possibility of its cure by castration represent many mysterious and unexplained sides [cf. Jury. obstetrician. and women. Bol. , 1888, p. 938 and 1890, p. 837. Ref ..] In view of this, every observation related to this is extremely important.

Medico-legal assessment of personal damage in older people: report from a multidisciplinary consensus conference

Ageing of the global population represents a challenge for national healthcare systems and healthcare professionals, including medico-legal experts, who assess personal damage in an increasing number of older people. Personal damage evaluation in older people is complex, and the scarcity of evidence is hindering the development of formal guidelines on the subject. The main objectives of the first multidisciplinary Consensus Conference on Medico-Legal Assessment of Personal Damage in Older People were to increase knowledge on the subject and establish standard procedures in this field. The conference, organized according to the guidelines issued by the Italian National Institute of Health (ISS), was held in Bologna (Italy) on June 8, 2019 with the support of national scientific societies, professional organizations, and stakeholders. The Scientific Technical Committee prepared 16 questions on 4 thematic areas: (1) differences in injury outcomes in older people compared to younger people and their relevance in personal damage assessment; (2) pre-existing status reconstruction and evaluation; (3) medico-legal examination procedures; (4) multidimensional assessment and scales. The Scientific Secretariat reviewed relevant literature and documents, rated their quality, and summarized evidence. During conference plenary public sessions, 4 pairs of experts reported on each thematic area. After the last session, a multidisciplinary Jury Panel (15 members) drafted the consensus statements. The present report describes Conference methods and results, including a summary of evidence supporting each statement, and areas requiring further investigation. The methodological recommendations issued during the Conference may be useful in several contexts of damage assessment, or to other medico-legal evaluation fields.

Speech intelligibility of Parkinson’s disease patients evaluated by different groups of healthcare professionals and naïve listeners

Introduction Speech intelligibility, how well a listener comprehends the speaker’s message, is related to the listener’ expertise and type of the message conveyed. There is no evidence about speech intelligibility in different groups of healthcare professionals and naïve listeners. Objectives This study is the first to understand if there were differences in the speech intelligibility of Parkinson’s Disease (PD) patients by different experienced and naïve listeners, according to the speech stimuli and dysarthria severity. Materials and methods Randomly digitised audio-files (50 words and 50 sentences) of 10 PD patients, one without dysarthria and 9 with different dysarthria severities (3 each: mild, moderate and severe dysarthria), were collected from a database of 60 PD patients’ audio-files. A jury panel was formed by five different listeners groups including 10 speech and language therapists, 10 neurologists, 10 PD relatives, 12 PD patients, and 10 people from the general population. The jury panel transcribed single words and sentences from the audio recordings, the percentage correctly understood was calculated and the results were compared between the groups. Results Multiple comparisons showed significant speech intelligibility differences between healthcare professionals and naïve listerners in words (highest effect size, η2 = 0.7) and sentences (the highest effect size: η2 = 0.6). Pairwise comparisons revealed that those significant differences were specifically in words with moderate and severe dysarthria and sentences with all severity levels of dysarthria. Conclusion The groups of healthcare professionals who work with dysarthria are more likely to understand the PD patients’ speech than the groups of naïve listeners.