Recording Jury Deliberations

Recording Jury Deliberations Date: 20 July 2023 Prof Patrick Haggard, UCL Institute of Cognitive Neuroscience Equally Ineffective In Understanding Decisions Case Simulation Research = Cause and Effect  Large number of real juries at court see identical case. One factor of interest is varied Look at individual juror decisions and the jury verdict. Do either or both vary when the factor is altered.  Not all case simulation research is the same. Most "mock jury" research relies on Volunteers  Studies with "volunteer jurors" have inherent bias Self-Selection Bias Why Real Jurors Are Fundamentally Different From Volunteer Mock Jurors What was your initial reaction to being summoned for jury service? 1. It was going to be inconvenient: 44% 2. I was worried about having to do it: 38% 3. I was excited to do jury service: 27% 4. It was the last thing I wanted to do: 27% 5. I wanted to see if I could get out of it: 22% 6. I didn't care whether I had to do it or not: 11% 1 Thing Jurors Are NOT Is Volunteers If jury service had been voluntary, would you have opted NOT to do jury service? 1. 13% Answer: No 2. 87% Answer: Yes Advert for "volunteer" Mock Jury research on this issue 1. Ever wanted to sit on a jury? 2. Never been asked? 3. Strong views about crime? 4. Now is your chance... UCL Jury Project Research On Sexual Offences 1. Correlations 2. Cause and Effect 3. Experiences or Views or Understanding 2018 Petition to Parliament PETITION: "All jurors in rape trials to complete compulsory training about rape myths" "Research shows that jurors accept commonly held rape myths resulting in many incorrect not guilty verdicts. Rapists are walking free from court, although evidence is robust. This ruin lives. Rape conviction in the UK is very low. Compared to other crimes conviction is 21% lower." Analysis Of All Charges, Pleas and Jury Verdicts 2007-2021 (15 Years) All jury decision-making in rape cases 2007-2021 1. Jury conviction rate for all rape offences 2007-2021 2. Highest and Lowest Jury Conviction Rates By Offence 3. Rape Charges By Age and Gender Of Complainant 2007-2021) a. Female under 16 = 47.5% b. Female 16+ = 44.9% c. Male under 16 = 6.3% d. Male 16+ = 1.3% 4. Jury Rape Conviction Rates By Deliberation 2021 a. Children 1) Female child under 13 = 84% 2) Male child under 13 = 83% 3) Female under 16 = 80% 4) Male under 16 = 72% 5) Female under 16 (historic) = 78% 6) Male under 16 (historic) = 91% b. Adults 1) Female 16 years or over = 67% 2) Male 16 years or over = 63% 3) Female 16 or over (historic) = 65% Real Jurors' Views About Rape and Sexual Offences Response to Petition to Parliament "... it is essential that appropriate research is conducted with those who have sat on juries initially to assess where there may be issues in relation to rape myths..." "She will gather data from experienced jurors at a range of courts around the country. This will give the senior judiciary a detailed insight into where there may be any issues and will mean they are in a position to consider how jurors may best be informed in rape cases." Myths and Stereotypes Research with Real Juries 1. Survey immediately post-verdict a. 65 discharged juries (771 jurors) b. 99% participation rate (complete picture of attitudes on each jury) In 4 different court regions Few jurors believe the "standard" myths or stereotypes 1. Men cannot be raped. Disagree: 92% Not Sure: 6% Agree: 2% 2. A rape probably didn't happen if the victim has no bruises or marks. Disagree: 87% Not Sure: 10% Agree: 3% 3. A woman who goes out alone at night, puts herself in a position to be raped. Disagree: 87% Not Sure: 9% Agree: 4% 4. If a person doesn't physically fight back, you can't really say it was a rape. Disagree: 85% Not Sure: 12% Agree: 3% 5. A woman who wears provocative clothing, puts herself in a position to be raped. Disagree: 83% Not Sure: 13% Agree: 4% What Most Jurors Believe 1. There are good reasons why someone who's been raped may be reluctant to tell anyone about it or report it to the police. Disagree: 7% Not Sure: 13% Agree: 80% 2. Rape within a relationship can take place over a long period of time before any complaint is made. Disagree: 4% Not Sure: 19% Agree: 77% 3. It is a hard thing to do to give evidence in court about a rape. Disagree: 3% Not Sure: 20% Agree: 77% 2 Factual Issues Where Substantial % Of Jurors Are Unsure Or Incorrect 1. I would expect anyone that was raped to be very emotional when giving evidence in court about the rape. Disagree: 22% Not Sure: 43% Agree: 35% 2. People are more likely to be raped by a stranger than someone they know. Disagree: 64% Not Sure: 5% Agree: 31% Based on research with real juries at court is their evidence of a systemic problem with juries in rape cases in England and Wales? 15 years of verdicts in rape cases show juries consistently more likely to convict than acquit in all types of rape offences (whether children or adults or female of male complainants). Rape (include adult female rape cases) has some of the highest jury conviction rates now amongst all offences. Real jurors did not reveal widespread beliefs in rape or sexual offences and myths stereotypes.