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British Journal of Criminology Advance Access originally published online on April 1, 2009
British Journal of Criminology 2009 49(3):363-383; doi:10.1093/bjc/azp013
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The British Journal of Criminology 49:363-383 (2009)
© The Author 2009. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Turning Mirrors Into Windows?

Assessing the Impact of (Mock) Juror Education in Rape Trials

Louise Ellison and Vanessa E. Munro*

Dr Louise Ellison, School of Law, University of Leeds, Leeds LS2 9JT, UK; l.e.ellison{at}leeds.ac.uk

* Professor Vanessa Munro, School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham.ac.uk


  Abstract

In 2006, the Government proposed allowing prosecutors in England and Wales to adduce ‘general’ expert witness testimony in rape cases. This initiative was based on two assumptions—first, that jurors currently lack an adequate understanding of rape complainants’ post-assault behaviour (which, in turn, generates inappropriate inferences regarding credibility) and, second, that expert testimony offers a useful vehicle for addressing such juror ignorance. In a previous article, the authors reported on a mock jury study that provided empirical support for the first of these claims—at least in regard to a complainant's calm demeanour, delayed reporting or lack of physical resistance. In this article, the authors investigate whether educational guidance presented at trial—via expert testimony or an expansive judicial instruction—can have the intended beneficial impact of redressing popular misconceptions, thereby leading to a fairer assessment of complainant credibility in rape cases.


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Home page
 Social Legal StudiesHome page
L. Ellison and V. E. Munro
Of 'Normal Sex' and 'Real Rape': Exploring The Use of Socio-Sexual Scripts in (Mock) Jury Deliberation
Social Legal Studies, September 1, 2009; 18(3): 291 - 312.
[Abstract] [PDF]


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