Three distinctive features, but what is the difference? Key findings from the Scottish Jury Project
2020
Drawing on data from a large-scale trial simulation involving 64 deliberating juries, this paper outlines key findings regarding the impact of three distinctive features of the Scottish jury, namely that it involves 15 members, deliberating between three verdict options, and requiring a simple majority decision. Situating that discussion in the context of Scottish rules regarding corroboration, it also considers jurors’ understanding of legal tests pertaining to the trial scenarios with which they were presented, and explores the extent to which assumptions about resistance, injury and false allegations featured in their deliberations over a rape charge.
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