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배심원들의 살인사건재판평결에 관한 경험적 실험연구-이야기모델의 적용을 중심으로-An experimental jury study examining juror decision making on a murder case

Other Titles
An experimental jury study examining juror decision making on a murder case
Authors
김은영윤민우
Issue Date
2013
Publisher
성균관대학교 법학연구원
Keywords
Korean jury system; experimental mock trial; juror decision making; the Story Model; recognition memory experiment; 국민참여재판; 모의배심재판실험연구; 배심원의사결정; 이야기 모델; 이야기 재인
Citation
성균관법학, v.25, no.4, pp.633 - 655
Journal Title
성균관법학
Volume
25
Number
4
Start Page
633
End Page
655
URI
https://scholarworks.bwise.kr/gachon/handle/2020.sw.gachon/15106
DOI
10.17008/skklr.2013.25.4.024
ISSN
1229-943X
Abstract
The purpose of this study is to examine key propositions of the Story model to understand jurors' decision making process in a trial. The Story model posits that jury collect and combine facts and evidence information presented at trial to construct their own story to help their final decision making for the trial case. To complete this purpose, this study conducted a mock jury experiment with a sample of 302 college students drawn from two different provinces in Korea. The findings of the study reveled a supportive evidence for the Story model. The results of recognition memory experiment and confidence rating on jurors' guilty decision revealed that an order of evidence presented influences the structure of story that a juror construct during trial as the Story model proposed. Further, this study found that the evidence order also affects on jurors confidence level of the evidence presented by a prosecutor. The limitations, contributions, and policy implications are discussed in the discussion.
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