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ID 44524
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別タイトル
Shaken criminal trial juries in the UK and US: jurors’ misuse of the internet and its impact on the right to a fair trial (2)
著者
河辺 幸雄
NDC
法律
抄録(英)
When a juror accesses outside information, this creates problems with regard to the Sixth Amendment to the US Constitution. This external information can contain inaccuracies as well as potentially prejudicing the juror and compromising the fairness of the trial. It deprives an accused of their opportunity to confront the evidence in an open court proceeding. In particular, a juror may be inclined to declare an accused guilty based on internet reports on the existence of an accused’s criminal record. an accused’s criminal background is often excluded from evidence because of its potential to prejudice the jury. The reason is that it has an influence on jurors, who may give weight to such evidence. Information on accuseds’ criminal background seen on the internet creates a danger of prejudice. Sometimes the information regards criminal complaints that have been retracted. In other instances, accuseds have been mistaken for a person with the same name. Information on the internet has directly influenced the conclusions of trials. When this information is allowed to reach members of a jury, the accused’s right to face a just trial as guaranteed by the Sixth Amendment is violated. Jurors have at times committed an injustice by making prejudiced statements on the internet before having weighed all evidence and deciding guilt. This again deprives the accused of appropriate procedure and a verdict by a just jury. Social media always offers a marketplace of opinions to jurors. For instance, five jurors participated with a trigger after a non-juror made a comment on Facebook about the accused’s guilt. A guilty verdict was returned for the accused several days later. The judge, who noticed a contact on the internet, held a hearing to interrogate the offending juror. The judge ultimately declared a mistrial and ordered a new trial. It is unusual that a juror faces punishment beyond dismissal. Judges tend to not want to punish jurors who conduct research and contribute to making a correct verdict. However, if such jurors remain unpunished, other jurors may continue to commit the same violations in future. It is only the tip of an iceberg. When the effective means for a fair trial are not obtained, the possibility of a just trial becomes
scarce.
掲載誌名
廣島法學
41巻
1号
開始ページ
268
終了ページ
243
出版年月日
2017-06-23
出版者
広島大学法学会
ISSN
0386-5010
NCID
言語
日本語
NII資源タイプ
紀要論文
広大資料タイプ
学内刊行物(紀要等)
DCMIタイプ
text
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application/pdf
著者版フラグ
publisher
権利情報
許可なく複製・転載することを禁じる。
部局名
社会科学研究科
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