Effects of Judges, Juries, Jurors and Defenders in the outcomes of a case proceeding.

1. EFFECTS OF JUDGES, JURIES,
JURORS AND DEFENDERS.
FORENSIC PSYCHOLOGY.

2. WHAT IS THE CRIMINAL JUSTICE SYSTEM?
Supervision of crime, formulation of laws, law enforcement and managing the aftermath of
the law enforcement processes is collectively called the criminal justice system.

3. WHY CRIMINAL JUSTICE SYSTEM?
For the prevention of breach of law, enforcement of laws, handling law breakers and
alleviate the victims so that a society or a country can smoothly function and its
residents/members/citizens live their lives without fear and work obligingly and peacefully.
The main aim of any efficient criminal justice system is ‘to enforce the standards of conduct
necessary to protect individuals and the community’.

4. CRIMINAL JUSTICE SYSTEM HAS THE FOLLOWING
WINGS:-
(1) The legislatures: framers of law;
(2) The police and other law enforcement agencies: criminal investigation;
(3) The prosecutors: prosecution;
(4) The judiciary: adjudication;
(5) Prisons and juvenile reformations, etc.,: coping with convicts.

5. THE 3 MAIN CODES THAT DEALS WITH THE
CRIMINAL INVESTIGATION AND TRIALS ARE:-
(1) The Criminal Procedure Code, 1973.
(2) The Indian Penal Code, 1860.
(3) The Indian Evidence Act, 1872.

6. A judge presides over court proceedings, either alone or as a part of a panel of judges.
A lawyer is a person who practices law, as an advocate, barrister, attorney, counsellor or solicitor or
chartered legal executive.
An advocate is a type of professional person in several different legal systems and it is also a
commonly used honorific for remarkable lawyers, such as in "Adv. Sir Alberico Gentili”.
A barrister is a type of lawyer in common law jurisdictions.
Attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for
certain lawyers), Sri Lanka, and the United States.
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in
legal matters. It is a title often used interchangeably with the title of lawyer.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some
jurisdictions.
Legal executives are a form of trained persons in the legal professional in certain jurisdictions. They often
specialise in a particular area of law.

7. A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question)
officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in
courts to ascertain the guilt, or lack thereof, in a crime.
Jurors are one of a group of persons sworn to deliver a verdict in a case submitted to them; member of a
jury.
A public defender is an attorney appointed to represent people who cannot afford to hire one.
Private attorney general is an informal term usually used today in the United States to refer to a private
attorney who brings a lawsuit considered to be in the public interest, i.e., benefiting the general public and
not just the plaintiff, on behalf of a citizen or group of citizens.

8. JURY TRIALS.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings
of fact, which then direct the actions of a judge. It is distinguished from a bench trial in
which a judge or panel of judges makes all decisions.

9. JURY SELECTION.
Jury selection are many methods used to choose the people who will serve on a jury. The
jury pool, also known as the venire, is first selected from among the community using a
reasonably random method. Jury lists are compiled from voter registrations and driver
license/state ID renewals. From those lists, summons are mailed. A panel of jurors is then
assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury
box. At this stage they will be questioned in court by the judge and/or attorneys in the
United States. Depending on the jurisdiction, attorneys may have an opportunity to mount
a challenge for cause argument or use one of a limited number of peremptory challenges.
In some jurisdictions that have capital punishment, the jury must be death-qualified to
remove those who are opposed to the death penalty.

10. JURY TRIALS- PROS AND CONS…
 In countries where jury trials are common, jury is seen as a check against state power.
*provides means of inserting community norms and values into judicial proceedings.
*validates law by providing opportunities for citizens to sanction criminal statutes in
their application to specific trials.
*many believe jury is likely to provide more sympathetic hearing, than the
representatives of the state would.

11. JURY TRIALS- PROS AND CONS…
 In highly emotional cases, such as child rape for instance, the jury may be
tempted to convict based on personal feelings than on conviction beyond
reasonable doubt.
 Another issue with jury trials is the potential for jurors to be swayed by prejudice
(preconception), including racial consideration.
 Jury trails are considered or believed to be bizarre and risky for a person’s fate to
be put into the hands of untrained laymen.
Major issue in jury trials is the secretive nature of the process.
*juries often do not have to provide reason for their verdict, whereas in bench
trials, a judge is required to provide detailed reasons of both fact and law.

12. JURY NULLIFICATION.
Jury nullification is a finding by a trial jury in contradiction to the jury's belief about the
facts of the case. This may happen in both civil and criminal trials. In a civil trial, a jury
nullifies by finding a defendant not liable, even though members of the jury may believe
the defendant is liable. In a criminal trial, a jury nullifies by acquitting a defendant, even
though the members of the jury may believe that the defendant did the illegal act, but they
do not believe he/she should be punished for it. This may occur when members of the jury
disagree with the law the defendant has been charged with breaking, or believe that the
law should not be applied in that particular case.

13. SOURCES OF STRESS ON JURORS:
 Disturbing evidence;
 Evidence that touches a nerve;
 Economic and job concerns;
 Impact of the decision;
 Conflict on the jury;
 Confusion and lack of information;
 Privacy public speaking and dealing with strangers;
 Safety and logistical issues;
 Long trials;
 Boredom.

14. EFFECTS OF STRESS ON JURORS:
Simplified thinking and willingness to proceed with incomplete information;
The need for speed;
Slower learning;
Changes in risk taking;
Changes in leadership structure within the group.

15. HOW DOES THE ‘CSI EFFECT’ INFLUENCES JURORS?
The ‘CSI effect’ was first described in the media as a phenomenon resulting from viewing
forensic and crime based television shows. This effect influences jurors to have unrealistic
expectations of forensic science during criminal trials and affect jurors decision in
conviction or acquittal process. Research has shown the CSI effect has a possible pro-
defence bias, in that jurors are less likely to convict without the presence of some sort of
forensic evidence such as using photos, animations and videos, any forensic testing process
applicable to the case to correct any misinformation and facilitate learning.

16. MANAGING EXPECTATIONS MANIFESTED BY THE
‘CSI EFFECT’.
Confidence in the CSI effect and additionally how much it might impact the jury, the question progresses toward
becoming regardless of whether to modify trial technique to check it. Several potential tactics before, throughout
at the conclusion of the trial may be employed as countermeasures to the potential CSI effect issues in a given
case.
 Screening or potential CSI effect issues.
 Mock jury.
 Voir Dire.
 Opening and closing statements.
 Presentation of exhibits.
 Experts and witnesses.
 Cross examination.
 Jury instruction.

17. While the CSI effect may not really be the immediate impact to viewing the CSI program disclosed on CBS, the
cultural phenomenon resulting from broad cultural changes, improved by broad communications and TV
programs, can’t be disregarded. Rather than right against this growing mind-sets, trial lawyers should adapt
their trials skills to manage unrealistic expectations and ensure that the cornerstone of deductive reasoning in
their legal system is not to buried by potentially inadmissible evidence to lose to fallible science and
technology. It gives increase in pressure and attention on the use of modern sciences in the courtroom. The CSI
effect impacts all trial members with regards to a jury trial- the prosecution and the defence in criminal cases,
the offended party and defendant in civil cases, and the managing judge in both civil and criminal cases.
While the CSI effect is usually described as a defendant’s advantage given that jurors are reluctant to convict or
find liable without some clear and definite evidence, it can also cut the other way where members of the jury
will probably acknowledge and give credit or attach relevance to the scientific evidence.

18. THE EFFECTS OF PRE-TRIAL PUBLICITY ON JUROR
VERDICTS.
“All publicity is a good publicity”, but not necessarily always. Here are some of the reasons:
(1) The jury should not have any idea about the case beforehand, because they should be
able to take right decision, according to the evidences presented in the court during
the trial.
(2) If the jury has any idea about the case before the trial, their decision might be either in
favour or against the case due to outer influence.
(3) Media coverage can turn the story according to their wish, which results in focusing on
there story rather than focusing on the actual truth.
(4) There is a thin line between reporting information for public interest and for
entertainment; the media should know the difference.

19. JUDICIAL RULING- DOES THE OUTCOME OF A CASE
SOLELY DEPEND ON LAWS AND FACTS?
Legal formalism holds that judges apply legal reasons to the facts of a case in a rational,
mechanical, and deliberative manner. In contrast, legal realists argue that the rational
application of legal reasons does not sufficiently explain the decisions of judges and that
psychological, political, and social factors influence judicial rulings.
“The life of the law has not been logic; it has been experience”- US Supreme Court Justice
Oliver Wendell Holmes.

20. Results from a study revealed that even after controlling for the effects of relevant case
characteristics (e. g., severity of the harassment), judges' personal characteristics
influenced case outcomes. Specifically, younger judges and Democrat judges were more
likely to find for the plaintiff (the alleged victim of harassment). The probability that the
decision would favour the plaintiff was only 16% when the case was heard by an older
judge but 45% when heard by a younger judge. The probability that the decision would
favour the plaintiff was only 18% when the case was heard by a judge who had been
appointed by a Republican president but 46% when the judge had been appointed by a
Democrat president.

21. PUBLIC DEFENDERS VS. PRIVATE ATTORNEYS.
Due to the negatively portrayed image of a public defender in movies and television, it is
generally understood that they are inadequate and ineffective legal counsels. The truth or
fact is that they are also dedicated lawyers who truly care about their clients, despite their
bad/ill reputation received from the entertainment media. The public defender’s office has
to deal with certain limitations that experienced private defenders typically do not have to
contend with.

22. For instance,
 Public defenders have enormous caseloads and thus, only dedicate limited time to each client.
Eventually, the clients often complain that they lack the desired significant contact outside the
courtroom.
 By law, public defenders only represent their clients in criminal cases. They are restricted to help
their clients with related civil or administrative matters, such as driving license suspension hearing.
 In many situations, you are required to work with particular public defenders appointed to your
case. Having a private attorney, you have the opportunity to interview several attorneys and choose
the one you are comfortable with.

23. Private attorney have time and resources to be devoted to your criminal case. If one-on-one interaction is
significantly required, hire private counsel; people selectively hire private attorney. The only difference is the
time they provide to their clients, their ethical duty (public defender both government and client), workload,
interaction, etc.
People necessarily must meet their lawyers before hiring them. You must ask straight-forward questions about
their experience, caseloads, and about their volume of their practice. People prefer not to be selective while
selecting/ hiring attorneys as they must be, since it is very important for these questions to be asked, they
must ask.

24. CAN YOU DISCHARGE A PUBLIC DEFENDER IF HE IS NOT
HANDLING THE CASE AS WELL AS AN INDIVIDUAL LIKES?
“If there is a legitimate and meaningful complaint about the lawyer’s performance, the
Court may reassign a case to a different public defender. I have seen situations where
clients have lodged complaints against their public defender and it’s up to the court to
decide whether this is just a simple personality dispute or whether there is something
meaningful that the lawyer should be doing that they are not doing. But that happens
rarely. Certainly, if you have hired a private lawyer, you always have the right to discharge
that lawyer and hire alternate counsel at any time.”- Paul D. Cramm (Criminal Defense
lawyer).

25. GROUP MEMBER:
1- Nilufar Kausar.
2- Najma.
3- Areesha Lakhani.
4- Vadusvathi.
Date presented: 18th April, 2017; Tuesday.
Submitted to: Dr. Vidhi Agarwal.