Guilty By a Nose: \u3ci\u3eThe Queen v. Riesberry\u3c/i\u3e and the Criminalization of Racehorse Doping in Canada

Non

The Influence of Delay and Item Difficulty in Criminal Justice Systems on Eyewitness Confidence and Accuracy

There is international concern about the negative effects of delays in Criminal Justice Systems. Problems include the deleterious effects that delay can have on witnesses' memory accuracy and witnesses' ability to calibrate their memories accurately. Little empirical work has been conducted on these issues combined with item difficulty and the relationship between accuracy and confidence. This paper investigates these issues. 21 witnesses were interviewed about an observed crime and required to answer lawyerly questions used in cross-examination relating to target items classified as 'easy', 'moderate' and 'difficult', in terms of memorability. Participants were interviewed again, 6 months later. A 6 month delay significantly reduced memory accuracy for all levels of question difficulty. Within-subjects C-A relationships seemed to be relatively unaffected by delay; i.e. they tended to be positive for easy and moderate items, and negative for difficult items. Between-subjects C-A relationships were also positive for both easy and moderate items, but improved after 6 months; whereas C-A relationships for the difficult items remained negative and statistically insignificant following the 6 month delay. Delay can have a profound negative effect on witness accuracy that is not likely to be compensated for by improvements in C-A calibration

The influence of delay and item difficulty on eyewitness confidence and accuracy

There is international concern about the negative effects of delays in Criminal Justice Systems. Problems include the deleterious effects that delay can have on witnesses’ memory accuracy and witnesses’ ability to calibrate their memories accurately. Little empirical work has been conducted on these issues combined with item difficulty and the relationship between accuracy and confidence. This paper investigates these issues. 21 witnesses were interviewed about an observed crime and required to answer lawyerly questions used in cross-examination relating to target items classified as ‘easy’, ‘moderate’ and ‘difficult’, in terms of memorability. Participants were interviewed again, 6 months later. A 6 month delay significantly reduced memory accuracy for all levels of question difficulty. Within-subjects C-A relationships seemed to be relatively unaffected by delay; i.e. they tended to be positive for easy and moderate items, and negative for difficult items. Between-subjects C-A relationships were also positive for both easy and moderate items, but improved after 6 months; whereas C-A relationships for the difficult items remained negative and statistically insignificant following the 6 month delay. Delay can have a profound negative effect on witness accuracy that is not likely to be compensated for by improvements in C-A calibration

Discriminatory and Unfair Practices Against the Indigenous Peoples of Canada in the Selection of Criminal Juries

Indigenous Peoples are overrepresented in all aspects of the Canadian criminal justice system. Most dramatic are their rates of incarceration. One way to potentially reduce conviction rates and the resulting custodial numbers is to make improvements to the fairness and effectiveness of jury selection. For the purposes of this thesis that requires reconsidering the disqualification of the criminally convicted from jury service as well as rethinking the systems that are in place for challenging prospective jurors. The goal of the jury selection process is to seat a representative, independent and impartial body of citizen adjudicators. It is and will always be an imperfect system as are all human ventures. However, the aim of the enterprise remains of fundamental importance to the rendering of just and accurate verdicts. Yet identifying and selecting a group of ideally diverse and fair-minded jurors to sit in judgment is not a simple task. Indeed, the question ultimately becomes not whether the paradigmatic jury can be compiled, but whether the present model of empanelment can be improved upon. My analysis of the governing Canadian jurisprudence suggests that the present jury selection regime is inadequate. That view is further buttressed after considering and comparing the experiences in England and the United States of America on the same issues. In the end, I propose utilizing a more expansive pool of prospective jurors given the significant number of Indigenous Peoples who are presently disqualified from jury service due to their criminal antecedents. Additionally, I argue that challenges for cause need to become more inquisitorial in order to function optimally. Finally, I conclude that peremptory challenges require more judicial oversight as to their use and a reduction of their number achieved through legislative action

Guilty By a Nose: \u3ci\u3eThe Queen v. Riesberry\u3c/i\u3e and the Criminalization of Racehorse Doping in Canada

Non