判决系统对陪审员决定的影响:定量元分析
Elaine Jackson1, Lee Curley2, Fiona Leverick3
1School of Psychology and Neuroscience, University of Glasgow, Glasgow, UK.
概括
苏格兰的三判决系统相比两判决系统,大大降低了40%的定罪几率. 这项研究分析了陪审员在模拟审判中的决策,以了解判决选择的影响.
科学领域:
- 法律与法律研究 法律与法律研究
- 心理学 心理学 心理学
- 犯罪学 犯罪学
背景情况:
- 苏格兰的法律制度采用了三个判决系统 (有罪,无罪,未被证明).
- 英美系统采用两种判决系统 (有罪,无罪).
- 了解这些系统对陪审员决定的影响对于法律改革至关重要.
研究的目的:
- 量化评估三判决制与两判决制对陪审员定罪率的影响.
- 提供关于不同判决结构下的陪审员决策过程的经验证据.
主要方法:
- 对10个涉及1778名陪审员的模拟审判数据的元分析.
- 应用逻辑回归与随机效应来分析定罪和无罪释放数据.
- 统计估计判决系统对陪审员决定的影响.
主要成果:
- 确定了判决系统对陪审员决策的统计学显著影响.
- 在三判系统下,与两判系统相比,定罪几率大约低40%.
- 调查结果表明,定罪率的实质差异归因于判决系统.
结论:
- 这三项判决系统显然降低了定罪率,影响了陪审员的决策.
- 该研究的发现与苏格兰三判系统正在进行的改革有关.
- 需要进一步研究不同判决制度对心理和法律的影响.
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