陪审员的无罪推定

Jurors’ Presumption of Innocence

Journal of Legal Studies · 2017
被引 14
ABS 3

中文导读

通过行为实验发现,陪审员在审判前会因嫌疑人被正式指控而更倾向于认为其有罪,但法官的无罪推定指示能降低这种信念,且陪审员的先验信念会影响最终裁决。

Abstract

The presumption of innocence explicitly forbids jurors from using official suspicion or indictment as evidence of guilt in a criminal trial. A behavioral experiment tested whether jurors follow this prescription. It revealed that, compared to when a suspect had been merely named, jurors thought that the individual was significantly more likely to be guilty after a detective referred the case to the district attorney and when he was formally charged and thus a criminal defendant. A judicial instruction to presume innocence reduced jurors’ beliefs in the defendant’s guilt. Regression analyses indicate that jurors’ prior beliefs predicted their posterior beliefs and further that their prior beliefs were predictive of verdicts even after accounting for their posterior beliefs. The findings suggest that jurors make different assumptions about the guilt of a criminal defendant before the introduction of evidence and that these assumptions influence their overall evaluation of the case and their verdict.

法律社会心理学犯罪学政治学