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Investigating jury bias in a child molestation case
Author(s) -
Deitz Sheila R.,
Sissman Peter L.
Publication year - 1984
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370020409
Subject(s) - jury , waiver , supreme court , law , political science , publicity , psychology , feeling , trial court , constitutional right , right to counsel , jury trial , prejudice (legal term) , criminology , social psychology
Defendants in most criminal cases have a constitutional right to be tried by a jury, however they may waive that right and elect to be tried by a judge. In several states and the federal criminal system, waiver of a jury trial requires the consent of the prosecution. Based on a United States Supreme Court decision in Singer v. United States, a criminal defendant does not have a constitutional right to bench a trial, although the Court acknowledged that certain cases might exist in which “passion, prejudice … public feeling” or other factors might render an impartial trial by jury impossible or unlikely. The present article describes one attempt to prove the Singer exception because of strongly biased pretrial publicity in a Virginia child molestation case.