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Empathy, experience and the rule against bias in criminal trials

journal contribution
posted on 2012-04-01, 00:00 authored by Matthew GrovesMatthew Groves
The rule against bias requires that judges, jurors and other decision-makers approach their task impartially. The rule will be breached if decision-makers say or do something that gives reason to doubt their impartiality, or if there is an association between decision-makers and a party to the case before them. These principles do not translate easily to case of personal experience and empathy. What happens when decision-makers have an experience similar to an issue before them? Does a similar experience inform or disqualify a decision-maker? The Court of Appeal of Victoria has delivered conflicting decisions about this issue. This article will examine these cases within the context of apprehended bias.

History

Journal

Criminal law journal

Volume

36

Issue

2

Pagination

84 - 102

Publisher

Thomson Reuters (Professional)

Location

Rozelle, N.S.W.

ISSN

0314-1160

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2012, Thomson Reuters (Professional)

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