{"title":"Lawyers and Jurors: Interrogating Voir Dire Strategies by Analyzing Conversations","authors":"Catherine M. Grosso, Barbara O'Brien","doi":"10.1111/jels.12226","DOIUrl":"https://doi.org/10.1111/jels.12226","url":null,"abstract":"This study of individualized jury selection for 792 potential jurors across 12 North Carolina capital cases, selected with purposive case selection, analyzes the conversations that occur during voir dire to examine the process that produces decisions about who serves on juries. Lawyers question prospective jurors in voir dire partly to gather information about prospective jurors’ ability to decide a case without prejudice. Jury selection, however, suffers from what social scientists call demand characteristics. Demand characteristics provide a respondent with clues about the expected response and interfere with effective information gathering. We identified two characteristics that bear on the presence and strength of demand characteristics: the form and tone of the question. We sorted all 8,583 general legal opinion questions along a four‐step scale by combining these characteristics. We then used time‐series analyses to examine responses to these questions in sequence. Juror responses were longest and most likely to include an affective utterance when the demand characteristics were weaker, and that loquaciousness and affect fell at each step of the scale. An independent qualitative study replicated these findings, and supported the assertion that length and form are valid measures of quality in this context.","PeriodicalId":231390,"journal":{"name":"LSN: Juries (Criminal Procedure) (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133922132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Theories of Criminal Liability for Tax Evasion","authors":"John A. Townsend","doi":"10.2139/SSRN.2060496","DOIUrl":"https://doi.org/10.2139/SSRN.2060496","url":null,"abstract":"This article discusses the theories under which a defendant can be found guilty for the crime of tax evasion. Either a taxpayer or an enabler can be found guilty as a principal for the crime of tax evasion. The more difficult question is the role of derivative liability -- i.e., liability, or guilt, other than as a principal can apply to the crime of tax evasion. The theories of derivative liability including aiding and abetting under 18 USC 2(a), causing under 18 USC 2(b), and Pinkerton liability for crimes committed by another person who is a co-conspirator. These questions were presented in a trilogy of recent mega tax shelter cases involving variants of the Son-of-Boss tax shelter. In these cases, the enablers were indicted, tried and convicted for tax evasion. In the first two cases, the trial judge submitted to the jury the theories of derivative liability. In the third and final case, the trial judge declined to so instruct, instinctively feeling that submitting theories of derivative liability would not assist the jury in its task. In this paper I discuss these cases and the underlying theories of liability and conclude that the trial judge in the third case got it right. Although I discuss these theories of derivative liability in a tax evasion context, the reasoning should apply in other federal criminal contexts as to crimes for which a defendant, based on his or her action, could be directly liable as a principal for the crime in question.","PeriodicalId":231390,"journal":{"name":"LSN: Juries (Criminal Procedure) (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129230346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}