Special measures in rape trials: Exploring the impact of screens, ;live links and video-recorded evidence on mock juror deliberations

DOI

In England and Wales, adult rape complainants appearing in court may be afforded special measures protection in the form of screens, live links and the use of video recorded testimony. These arrangements are designed to reduce the stress of testifying but critics have worried that they may have an undue influence on juror decision making. Defence lawyers have expressed concern that the use of special measures may prejudice the defence by suggesting to the jury that the complainant needs protection from the defendant. Others have voiced fears that the effect of video-mediated testimony, in particular, may be diminished relative to evidence delivered 'live and in the flesh', leading jurors to view complainants who take advantage of these measures less positively. Against this backdrop, the aim of this research is to empirically examine the influence of the use of special measures by adult rape complainants on mock juror deliberation. In a context in which the Contempt of Court Act prohibits the conduct of research with 'real' jurors, this project will undertake a series of rape trial reconstructions. Four mini-trials will be observed by an audience of mock jurors who will then conduct deliberations which will be recorded and analysed.

Jury Service eligible volunteers from the public were recruited by a market research company. 4 different mini rape trials were scripted and reconstructed by actors and barristers. Each trial was observed by between 38-42 volunteers, who were then streamed into 5 different juries to reach a unanimous, or failing that majority, verdict. These deliberations were recorded, coded and analysed. As stated in the original application, these deliberations constitute the key source of data for the present study.

Identifier
DOI https://doi.org/10.5255/UKDA-SN-850835
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=65e7701ed0a6715ef2b52ea6a02272c32808496519f1416c88918948a28850a0
Provenance
Creator Ellison, L, University of Leeds
Publisher UK Data Service
Publication Year 2013
Funding Reference Economic and Social Research Council
Rights Louise Ellison, University of Leeds; The Data Collection only consists of metadata and documentation as the data could not be archived due to legal, ethical or commercial constraints. For further information, please contact the contact person for this data collection.
OpenAccess true
Representation
Language English
Resource Type Numeric
Discipline Jurisprudence; Law; Social and Behavioural Sciences
Spatial Coverage United Kingdom