Juries, Science and Popular Culture in the Age of Terror: The Case of the Sydney Bomber

293 Pages·2017·3.771 MB·English

by  David Tait, Jane Goodman-Delahunty (eds.)

Edited by DAVID TAIT and
JANE GOODMAN-DELAHUNTY
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Juries, Science and Popular Culture in the
Age of Terror
David Tait • Jane Goodman-Delahunty
Editors
Juries, Science and
Popular Culture in
the Age of Terror
The Case of the Sydney Bomber
Editors
David Tait Jane Goodman-Delahunty
Western Sydney University Charles Sturt University
Penrith, New South Wales, Australia Manly, New South Wales, Australia
ISBN 978-1-137-55474-1 ISBN 978-1-137-55475-8 (eBook)
DOI 10.1057/978-1-137-55475-8
Library of Congress Control Number: 2016957365
© The Editor(s) (if applicable) and The Author(s) 2017
The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance
with the Copyright, Design and Patents Act 1988.
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Cover illustration: © Mark Strozier / Alamy Stock Photo
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Acknowledgements
This Linkage Project 0667764 “Juries and interactive visual evidence:
Impacts on deliberation processes and outcomes” was funded by the
Australian Research Council. The Chief Investigators who collaborated in
designing and conducting the studies were Professor David Tait, Professor
Jane Goodman-Delahunty, Professor Janelle Kyd, Dr. Jacqueline Horan,
Professor Graham Brawn, Professor Greg Battye, Professor James R. P.
Ogloff, Professor Chris Lennard, Professor Anne Wallace and Professor
Damian Schofield. Principal Investigators were Diane Jones, Justice
Richard Refshauge and Dr. James Robertson.
The industry partners were the Australasian Institute of Judicial
Administration, PTW Architects, Lyons Architects, the Australian Federal
Police, the Australian Capital Territory Director of Public Prosecutions
and ICE Design.
Our Project Manager, Dr. Karen Mow provided oversight and skilled
management to ensure that the research project ran smoothly, on time
and on budget.
We are grateful to the APAI students funded by the grant and who
assisted with the development of the experimental materials: Arwen
Mow-Lowy, Sharmila Betts and Elizabeth Ockenden. We thank the
many research assistants who provided additional support for this project
in fielding the study, and collecting and entering the data, including Kate
v
vi Acknowledgements
O’Brien, Stella Palmer and Berenike Waubert de Puiseau. Dr. Karen Gelb
provided invaluable support in editing.
The New South Wales Department of the Attorney General/
Department of Justice generously provided access to the King Street
Court providing a realistic setting to conduct the live simulated trial.
We thank the many jury-eligible citizens who volunteered their time
as mock jurors.
Contents
1 Understanding Terrorism Trials 1
David Tait
2 The Legal Landscape in Terrorism Trials 11
Jacqueline Horan and Jane Goodman-Delahunty
3 Terrorist Trials: Forensic Science and the Trial Process 37
Chris Lennard and Anne Wallace
4 Animating the Bomber: The Sydney Bomber Trial 55
Christina Spiesel, Greg Battye and Neal Feigenson
5 Gruesome Evidence: The Use of Beheading Videos and
Other Disturbing Pictures in Terrorism Trials 67
Christina Spiesel
6 Assessing Unfair Prejudice from Extremist Images
in Terrorism Trials 87
Jane Goodman-Delahunty
vii
viii Contents
7 Displaying the Bomb on the Train: The Challenge
of Preparing Visual Evidence 123
Damian Schofield
8 Research Aims and Methods 145
David Tait and Jane Goodman-Delahunty
9 The Sydney Bomber Study: Introducing the Mock Jurors 161
David Tait
10 Images of Interactive Virtual Environments:
Do They Affect Verdict? 173
David Tait and Jane Goodman-Delahunty
11 How Juries Talked About Visual Evidence 193
Greg Battye and Meredith Rossner
12 CSI Effects on Jury Reasoning and Verdicts 217
Jane Goodman-Delahunty and David Tait
13 The Effect of Deliberation on Jury Verdicts 235
David Tait and Jane Goodman-Delahunty
14 Making Sense of the Evidence: Jury Deliberation
and Common Sense 249
David Tait and Meredith Rossner
15 C onclusions 273
David Tait and Jane Goodman-Delahunty
Index 287
About the Authors
Greg Battye is a professor in arts and design at the University of Canberra in
Australia. He writes on photography and its connections with aspects of literary
theory and psychology, and is the author of Photography, Narrative, Time:
Imaging our Forensic Imagination (2014).
Neal Feigenson is a professor of law at Quinnipiac University. He writes about
the psychology of legal decision-making and visual evidence. He is the author of
Legal Blame (2000) and the forthcoming Experiencing Other Minds in the
Courtroom (2016), and co-author, with Christina Spiesel, of Law on Display
(2009).
Jane Goodman-Delahunty is a research professor at Charles Sturt University,
Australia, and a Member of the New South Wales Civil and Administrative
Tribunal. Her recent books include Legal Psychology in Australia (2015), Trends
in Legal Advocacy: Interviews with Leading Prosecutors and Defence Lawyers
around the Globe (2016) and Expert Evidence and Criminal Jury Trials (2016).
Jacqueline Horan is a senior lecturer at Melbourne University School of Law
and a jury researcher and the author of Juries in the 21st Century (2012). She was
the lead investigator in a large-scale empirical project examining jurors’ percep-
tions of expert evidence, and co-author of Expert Evidence and Criminal Jury
Trials (2016).
Chris Lennard is a professor of forensic science in the School of Science and
Health at Western Sydney University. He has operational forensic science
ix
x About the Authors
experience with the Australian Federal Police as well as teaching and research
experience in fields that include fingerprint detection and the chemical analysis
of trace evidence.
Meredith Rossner is an assistant professor of criminology at the London
School of Economics. She received her PhD degree in criminology and sociol-
ogy from the University of Pennsylvania. She is the author of Just Emotions:
Rituals of Restorative Justice (Oxford University Press, 2013). Her research inter-
ests include emotions and interactions in criminal justice, criminology theory,
restorative justice and juries.
Damian Schofield is a professor in the State University of New York (SUNY),
where he is a director of human computer interaction, as well as a director of
Aims Solutions Ltd., a UK-based company to provide computer graphics visu-
alization services and virtual reality-based simulation training products to a wide
range of public and private sector organizations. He has been an expert witness
in courts all over the world and has worked on many high profile cases.
Christina Spiesel is an adjunct professor of law at Quinnipiac University, a
senior research scholar in law and an Affiliated Fellow of the Information Society
Project at Yale Law School. She writes about the intersection of law, pictures and
technology and is co-author, with Neal Feigenson, of Law on Display (2009).
David Tait is a professor of justice research at Western Sydney University,
Australia, and an adjunct professor at Telecom Paristech, France. His research
focuses on how to make justice environments and processes more humane. His
recent work includes Fortress or Sanctuary: Enhancing Court Safety by Managing
People, Places and Processes (2014), and reviews of the prejudicial effect of the
dock in criminal trials.
Anne Wallace is based in the School of Business and Law at Edith Cowan
University in Perth, Western Australia. She has teaching expertise in Criminal
Law & Procedure, Evidence, Forensic Evidence and Justice Administration. She
was a chief investigator in the Sydney Bomber Project and performed the role of
defence counsel in the live simulated trial.