SECTION 12 OF THE CANADA EVIDENCE ACT AND THE DELIBERATIONS OF SIMULATED JURIES

• NCJ Number: 34445
• Journal: CRIMINAL LAW QUARTERLY Volume: 18 Issue: 2 Dated: (MARCH 1976) Pages: 235253
• Author(s): V P Hans; A N Doob
• Date Published: 1976
• Length: 19 pages
• Corporate Author: Canada Law Book
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: Canada

Annotation

STUDY OF THE INFLUENCE OF KNOWLEDGE OF A DEFENDANT'S PRIOR CRIMINAL RECORD ON GROUP DELIBERATIONS AS ALLOWED UNDER SECTION 12 OF THE CANADA EVIDENCE ACT.

Abstract

THE STUDY WAS CONDUCTED TO DETERMINE HOW KNOWLEDGE OF THE DEFENDANT'S RECORD SERVES TO INCREASE THE PROBABILITY OF HIS CONVICTION IN BOTH INDIVIDUAL AND GROUP VERDICTS. A HYPOTHETICAL CASE WAS PRESENTED TO PARTICIPANTS, WITH HALF RECEIVING ADDITIONAL INFORMATION ON THE DEFENDANT'S PRIOR CONVICTION ON A SIMILAR CHARGE. IT WAS FOUND THAT JURIES WITH RECORD INFORMATION WERE MORE LIKELY TO CONVICT THAT INDIVIDUALS WITH RECORD INFORMATION WHILE BOTH OF THESE WERE MORE LIKELY TO CONVICT THAT GROUPS OR INDIVIDUALS WITH NO RECORD INFORMATION. THE AUTHORS CONCLUDE THAT KNOWLEDGE OF A PRIOR CONVICTION BIASES A CASE AGAINST THE DEFENDANT.