Ellison, L. and Munro, Vanessa (2014) A 'special' delivery? Exploring the impact of screens, live-links and video-recorded evidence on mock juror deliberation in rape trials. Social & Legal Studies, 23 (1). pp. 3-29. doi:10.1177/0964663913496676

PDF WRAP_Social & Legal Studies-2014-Ellison-3-29.pdf - Published Version - Requires a PDF viewer. Available under License Creative Commons Attribution. Download (702Kb)

Request Changes to record.

Abstract

This article discusses the findings of a study in which 160 volunteer members of the public observed one of four mini rape trial reconstructions and were asked to deliberate as a group towards a verdict. In a context in which research into the substantive content of the deliberations of real jurors is prohibited by the Contempt of Court Act 1981, these discussions were analysed to assess whether, and in what ways, perceptions of adult rape testimony are influenced by different modes of presentation. While lawyers and other observers have speculated about the possible undue effects of alternative trial arrangements on juror perceptions and the evaluation of evidence in rape trials, the issue has received scant empirical attention. In an effort to bridge this knowledge gap, this study investigated the influence upon mock jurors of three special measures currently made available in England and Wales to adult sexual offence complainants by the Youth Justice and Criminal Evidence Act 1999, namely (1) live-links; (2) video-recorded evidence-in-chief followed by live-link cross-examination and (3) protective screens. Following a careful and contextual exploration of the content of the mock juries’ deliberations, the researchers conclude that there was no clear or consistent impact as a result of these divergent presentation modes, suggesting that concerns over the use of special measures by adult rape complainants (at least in terms of juror influence) may be overstated.

Item Type:	Journal Article
Subjects:	K Law [LC] > KD England and Wales
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Trials (Rape) -- Great Britain, Evidence (Law), Jury
Journal or Publication Title:	Social & Legal Studies
Publisher:	Sage Publications Ltd.
ISSN:	0964-6639
Official Date:	March 2014
Dates:	Date Event March 2014 Published
Date of first compliant deposit:	25 October 2016
Volume:	23
Number:	1
Page Range:	pp. 3-29
DOI:	10.1177/0964663913496676
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access
Funder:	Economic and Social Research Council (Great Britain) (ESRC)
Grant number:	RES-000-22-4277

Request changes or add full text files to a record

Repository staff actions (login required)

View Item

Downloads