Jury decision making study

[Dr Cross]

If anyone reading this has suffered from a sexual assualt and feels that it might upset them please do not read this piece
However the graphic detail involved is no more than one would get from reading a national newspaper



Questionnaire – Instructions


Thank you for participating in this study! I am interested in knowing how people make legal decisions. In this case, we want to find out how people react to a fact situation involving a defendant on trial for the crime of sexual assault.

I would like you to read the trial materials and then answer some questions about what you read.

The booklet consists of several pages that are attached to this sheet. Please read these pages in the order that they appear, and answer all of the questions on each page before moving on to the next one.

Read everything carefully.

Please, DO NOT turn back a page once you have finished it. I am interested in the responses that you make as you read through the materials the first time.

Finally, please complete the booklet on your own. Do not talk to your neighbors or discuss the questions with the other participants while the study is running.


All participants for this study must be over 18 years of age

[Dr Cross]

The Case
Steven Murphy was accused of sexually assaulting a woman (Linda Byrne) on the night of January 8, 1994. The sexual assault occurred in the stairwell of Linda Byrne's apartment building as she was walking up to her apartment from the parking garage.

The prosecution alleges that Steven Murphy hid between two cars in the parking garage, waiting for a lone woman to walk by. When he saw Linda Byrne walking alone towards the stairs, he came out and followed her. When she entered the stairwell, he grabbed her from behind, held a large knife to her throat, and sexually assaulted her. She did not get a look at his face because he was wearing a mask, although it became partially removed during the attack.

The defense contends that the police charged Steven Murphy with the crime because they were too lazy to conduct a more thorough investigation. The defense alleges that the sexual assault was most likely committed by a serial rapist who had been operating in the area near where Linda Byrne lived for the past several months.

Linda Byrne was taken to a hospital for a medical examination, which revealed that she suffered injuries that were consistent with forced sexual intercourse (i.e. rape). The medical examiner also found several fresh semen stains, as well as blood stains and hair fibers on her clothing, and fingerprints on her glasses, that were collected and preserved as evidence.

About 45 minutes after the attack occurred, Steven Murphy was stopped while making an illegal "U-turn" about a mile from Linda Byrne's apartment building. When the Garda (Mark Daley) went to talk to Steven Murphy, he noticed that he had a large knife partially visible in his jacket pocket. Garda Daley arrested Steven Murphy for possession of an illegal weapon (knife with a blade over 4" long) and took him down to the police station.

At the police station, Garda Daley learned that a sexual assault had occurred close to where he had arrested Steven Murphy. When he asked Steven Murphy where he had been during the past few hours, he said he had been "driving around" for a while. He also said that he had been at a bar earlier on, but when asked for the name of the bar, he said that he could not remember it.

At this point Garda Daley decided that Steven Murphy might be a suspect in the sexual assault of Linda Byrne. That same evening, Linda Byrne was shown a police lineup consisting of Steven Murphy and several other men who were about the same height and physical description. Linda Byrne was unable to pick out anyone, and said that although a couple of them looked similar to her attacker, she really didn't get a good enough look at his face to recognize him again.


Question 1
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%

[Dr Cross]

A week later, Linda Byrne was shown a line-up again, and this time positively identified Steven Murphy as her attacker.

The evidence found during the medical examination of Linda Byrne was submitted to a forensic laboratory for analysis, along with samples of Steven Murphy’s own DNA, blood, hair fibers, and fingerprints.

At trial, an expert criminalist (Daniel Quinn) testified that the physical evidence (including DNA, blood, hair fibers, and fingerprints) was inconclusive about the defendant’s guilt.



Question 2 (A)
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%


During the cross-examination of Linda Byrne, the defense attorney pointed out that she was unable to identify the defendant in an initial line-up.

In addition, the defense attorney questioned Linda Byrne about her ability to see her attacker. She responded by saying in was hard to get a good look at the person who assaulted her, because she was grabbed from behind and a mask covered portions of his face during the attack.

A week later, Linda Byrne was shown a second line-up, and was again unable to recognize her attacker.

The evidence found during the medical examination of Linda Byrne was submitted to a forensic laboratory for analysis, along with samples of Steven Murphy's own DNA, blood, hair fibers, and fingerprints. At trial, an expert criminalist (Daniel Quinn) testified that the DNA sample from Steven Murphy matched the DNA evidence found on Linda Byrne, and was conclusive beyond a reasonable standard of scientific certainty.

The results of the other types of evidence (blood, hair fibers, and fingerprints) were inconclusive about the defendant’s guilt.



Question 2 (B)
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%



During the cross-examination of the expert witness the defense asked about the error rate for the laboratory that analyzed the DNA evidence. The expert witness who presented that evidence indicated that errors occur in approximately 2 cases out of every 100 tests the lab conducts.

However, during the week that the evidence samples for this case were tested, a new laboratory procedure was used and incorrectly applied for DNA analysis. As a result, the laboratory made errors in 5 of the 10 cases examined that week. Unfortunately, the sample taken from Linda Byrne was small, and used up in the initial tests. Thus, subsequent tests to confirm the identification could not be performed.

In addition, the defense asked questions about how the evidence samples were collected, preserved, and brought to the lab. The expert witness indicated that although the sample was collected and preserved following appropriate procedures, the chain of custody was not correctly followed when the sample was transported to the lab. Instead, the person who transported the evidence from the police station brought the samples home overnight before taking them to the laboratory.

[Dr Cross]

A week later, Linda Byrne was shown a second line-up, and was again unable to recognize her attacker.

The evidence found during the medical examination of Linda Byrne was submitted to a forensic laboratory for analysis, along with samples of Steven Murphy's own DNA, blood, hair fibers, and fingerprints. At trial, an expert criminalist (Daniel Quinn) testified that the blood type sample from Steven Murphy matched the blood evidence found on Linda Byrne, and was conclusive beyond a reasonable standard of scientific certainty.

The results of the other types of evidence (DNA, hair fibers, and fingerprints) were inconclusive about the defendant’s guilt.



Question 2 (C)
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%



During the cross-examination of the expert witness the defense asked about the error rate for the laboratory that analyzed the blood evidence. The expert witness who presented that evidence indicated that errors occur in approximately 2 cases out of every 100 tests the lab conducts.

However, during the week that the evidence samples for this case were tested, a new laboratory procedure was used and incorrectly applied for blood analysis. As a result, the laboratory made errors in 5 of the 10 cases examined that week. Unfortunately, the sample taken from Linda Byrne was small, and used up in the initial tests. Thus, subsequent tests to confirm the identification could not be performed.

In addition, the defense asked questions about how the evidence samples were collected, preserved, and brought to the lab. The expert witness indicated that although the sample was collected and preserved following appropriate procedures, the chain of custody was not correctly followed when the sample was transported to the lab. Instead, the person who transported the evidence from the police department brought the samples home overnight before taking them to the laboratory.
A week later, Linda Byrne was shown a second line-up, and was again unable to recognize her attacker.

The evidence found during the medical examination of Linda Byrne was submitted to a forensic laboratory for analysis, along with samples of Steven Murphy's own DNA, blood, hair fibers, and fingerprints. At trial, an expert criminalist (Daniel Quinn) testified that the hair fiber sample from Steven Murphy matched the hair fiber evidence found on Linda Byrne, and was conclusive beyond a reasonable standard of scientific certainty.

The results of the other types of evidence (DNA, blood, and fingerprints) were inconclusive about the defendant’s guilt.



Question 2 (D)
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%



During the cross-examination of the expert witness the defense asked about the error rate for the laboratory that analyzed the hair fiber evidence. The expert witness who presented that evidence indicated that errors occur in approximately 2 cases out of every 100 tests the lab conducts.

However, during the week that the evidence samples for this case were tested, a new laboratory procedure was used and incorrectly applied for hair fiber analysis. As a result, the laboratory made errors in 5 of the 10 cases examined that week. Unfortunately, the sample taken from Linda Byrne was small, and used up in the initial tests. Thus, subsequent tests to confirm the identification could not be performed.

In addition, the defense asked questions about how the evidence samples were collected, preserved, and brought to the lab. The expert witness indicated that although the sample was collected and preserved following appropriate procedures, the chain of custody was not correctly followed when the sample was transported to the lab. Instead, the person who transported the evidence from the police station brought the samples home overnight before taking them to the laboratory.

[Dr Cross]

A week later, Linda Byrne was shown a second line-up, and was again unable to recognize her attacker.

The evidence found during the medical examination of Linda Byrne was submitted to a forensic laboratory for analysis, along with samples of Steven Murphy's own DNA, blood, hair fibers, and fingerprints. At trial, an expert criminalist (Daniel Quinn) testified that the fingerprint sample from Steven Murphy matched the fingerprint evidence found on Linda Byrne, and was conclusive beyond a reasonable standard of scientific certainty.

The results of the other types of evidence (DNA, blood, and hair fibers) were inconclusive about the defendant’s guilt.



Question 2 (E)
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%



During the cross-examination of the expert witness the defense asked about the error rate for the laboratory that analyzed the fingerprint evidence. The expert witness who presented that evidence indicated that errors occur in approximately 2 cases out of every 100 tests the lab conducts.

However, during the week that the evidence samples for this case were tested, a new laboratory procedure was used and incorrectly applied for fingerprint analysis. As a result, the laboratory made errors in 5 of the 10 cases examined that week. Unfortunately, the sample taken from Linda Byrne was small, and used up in the initial tests. Thus, subsequent tests to confirm the identification could not be performed.

In addition, the defense asked questions about how the evidence samples were collected, preserved, and brought to the lab. The expert witness indicated that although the sample was collected and preserved following appropriate procedures, the chain of custody was not correctly followed when the sample was transported to the lab. Instead, the person who transported the evidence from the police station brought the samples home overnight before taking them to the laboratory.

[Dr Cross]

Jury Instructions

The following are the instructions from the judge that explain the relevant laws in this case.

Ladies and Gentlemen of the Jury:

It is my duty to instruct you in the law that applies to this case and you must follow the law as I state it to you. As jurors it is your exclusive duty to decide all questions of fact submitted to you and for that purpose to determine the effect and value of the evidence. You must not be influenced by sympathy, prejudice or passion. The information in this case is only an accusation against the defendant that informs the defendant of the charge. You are not to consider the filing of the information or its contents as proof of the matter charged.

The evidence you are to consider consists of the testimony of the victim and the exhibits admitted into evidence. You are the sole judges of the credibility of the victim and of what weight is to be given the testimony of it. In considering the testimony of any witness, you may take into account the opportunity and ability of the witness to observe, the witnesses' memory, any interest, bias or prejudice the witness may have, the reasonableness of the testimony of the witness considered in light of all the evidence, and any other factors that bear on believability and weight.

The Court has admitted physical evidence, such as DNA, blood, hair fiber evidence, and experts' opinions concerning the analysis of such physical evidence. You are the sole judges of whether any such evidence has a tendency and reason to prove any fact at issue in this case. You should carefully review and consider all the circumstances surrounding each item of evidence, including, but not limited to, its discovery, collection, storage and analysis. If you find any item of evidence does not have a tendency and reason to prove any element of the crime's charge or the identity of perpetrator of such of the crime's charge, you must disregard such evidence.

Now I want to define the elements of the charge against the defendant. The State has charged the defendant with sexual assault. A person who subjects another person to sexual penetration against the victim’s will is guilty of sexual assault. Sexual penetration means any intrusion, however slight, of any part of a person’s body, including sexual intercourse in its ordinary meaning.

A defendant is presumed innocent. This presumption continues throughout the entire trial unless you find it has been overcome by the evidence, beyond a reasonable doubt. The State has the burden of proving each element of the crime beyond a reasonable doubt.

A reasonable doubt is one for which a reason exists. A reasonable doubt is such a doubt as would exist in the mind of a reasonable person after fully, fairly and carefully considering all of the evidence or lack of evidence. Doubt, to be reasonable, must be actual and substantial, not mere possibility or speculation.

If the State has failed to prove the elements of the charged offenses beyond a reasonable doubt, it is your duty to find the defendant not guilty.

Jury Verdict Form

1. At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%

2. As a juror, you are instructed to consider all of the evidence in this case carefully. You are to find against Steven Murphy only if the evidence convinces you "beyond a reasonable doubt" that Steven Murphy is guilty of this crime.

What verdict would you return? (Please mark an "X" beside your response below):

________ Not Guilty ___________ Guilty


3. How confident are you in your verdict choice?

1 2 3 4 5 6 7 8 9
Not at all Somewhat Extremely
confident confident


4. In a sentence or two, please describe the main reason why you chose the verdict that you did.






5. How accurate was the testing done on the crime scene evidence?

1 2 3 4 5 6 7 8 9
Not at all Somewhat Extremely
accurate accurate

6. How reliable was the laboratory testing done on the crime scene evidence?

1 2 3 4 5 6 7 8 9
Not at all Somewhat Extremely
reliable reliable

7. How effective were the police at following the appropriate procedure for transporting evidence?

1 2 3 4 5 6 7 8 9
Not at all Somewhat Extremely
reliable reliable

8. How reliable was the victim’s identification?

1 2 3 4 5 6 7 8 9
Not at all Somewhat Extremely
reliable reliable
9. Did the expert criminalist say the DNA sample on the victim matched the defendant’s DNA?
Yes No

10. Did the expert criminalist say the blood type sample on the victim matched the defendant’s blood type?
Yes No

11. Did the expert criminalist say the hair fiber sample on the victim matched the defendant’s hair fiber?
Yes No

12. Did the expert criminalist say the fingerprint sample on the victim matched the defendant’s fingerprints?
Yes No

13. Was the victim ultimately able to identify her attacker?
Yes No

Please Tell Us About Yourself
Gender:
Male Female


Age ________________


Thank You for Your Participation

[Dr Cross]

Consent Form.

Introduction.I have been interested in the Jury decision making process for many years. This project is a culmination of my experience and interests. You will be asked to partake in a questionnaire which will depict a crime and show what evidence has been left at the scene and your understanding of what you believe is crucial evidence.

Purpose:
The purpose of this study is to gain a clearer understanding of jury decision making

Procedure:
If you agree to be in this study, you will be asked to take part in a questionnaire which will last up to a maximum of 1 hour.

You will be asked to read a story about a fictitious criminal trial (the case is about a sexual assault) and asked to answer a few questions. The assault is described though the description is no more graphic than that which might appear in a newspaper reporting the trial.

Voluntary Nature of the Study/Confidentiality:
Your participation in this study is entirely voluntary and you may refuse to complete the study at any point during the study without giving any reason or justification or refuse to answer any questions with which you are uncomfortable. You may also stop at any time and ask the researcher any questions that you may have. There will be no personal details needed for this. The information collected will be held in accordance with the Data Protection Act is subject to the Freedom of Information Act. All data will be kept anonymously, and the data will only be
accessible to the researcher. All records and consent forms will be kept confidential .

[benin]

The Case
Steven Murphy was accused of sexually assaulting a woman (Linda Byrne) on the night of January 8, 1994. The sexual assault occurred in the stairwell of Linda Byrne's apartment building as she was walking up to her apartment from the parking garage.

The prosecution alleges that Steven Murphy hid between two cars in the parking garage, waiting for a lone woman to walk by. When he saw Linda Byrne walking alone towards the stairs, he came out and followed her. When she entered the stairwell, he grabbed her from behind, held a large knife to her throat, and sexually assaulted her. She did not get a look at his face because he was wearing a mask, although it became partially removed during the attack.

The defense contends that the police charged Steven Murphy with the crime because they were too lazy to conduct a more thorough investigation. The defense alleges that the sexual assault was most likely committed by a serial rapist who had been operating in the area near where Linda Byrne lived for the past several months.

Linda Byrne was taken to a hospital for a medical examination, which revealed that she suffered injuries that were consistent with forced sexual intercourse (i.e. rape). The medical examiner also found several fresh semen stains, as well as blood stains and hair fibers on her clothing, and fingerprints on her glasses, that were collected and preserved as evidence.

About 45 minutes after the attack occurred, Steven Murphy was stopped while making an illegal "U-turn" about a mile from Linda Byrne's apartment building. When the Garda (Mark Daley) went to talk to Steven Murphy, he noticed that he had a large knife partially visible in his jacket pocket. Garda Daley arrested Steven Murphy for possession of an illegal weapon (knife with a blade over 4" long) and took him down to the police station.

At the police station, Garda Daley learned that a sexual assault had occurred close to where he had arrested Steven Murphy. When he asked Steven Murphy where he had been during the past few hours, he said he had been "driving around" for a while. He also said that he had been at a bar earlier on, but when asked for the name of the bar, he said that he could not remember it.

At this point Garda Daley decided that Steven Murphy might be a suspect in the sexual assault of Linda Byrne. That same evening, Linda Byrne was shown a police lineup consisting of Steven Murphy and several other men who were about the same height and physical description. Linda Byrne was unable to pick out anyone, and said that although a couple of them looked similar to her attacker, she really didn't get a good enough look at his face to recognize him again.


Question 1
At this point, what would you estimate to be the probability that Steven Murphy sexually assaulted Linda Byrne? Please choose a number between 0% and 100%, where 0% means, "absolutely sure he did not do it" and 100% means, absolutely sure he did do it": _________%

90 percent sure he did it.....hello by the way

[Dr Cross]

Hello Benin

Well if you want fill out the questionairre and pm it to me

Thanks

Dr Cross

[benin]

Hello Benin

Well if you want fill out the questionairre and pm it to me

Thanks

Dr Cross

ok dokey doc...