Bibliography

Updates and background for this project (Digest)

AULD, R E, Review of the Criminal Courts of England and Wales, Report (2001)

AUSTRALIAN LAW REFORM COMMISSION and HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION, Seen and Heard: Priority for Children in the Legal Process, Report 84 (1997)

AUSTRALIAN LAW REFORM COMMISSION, Evidence, Report 26 (1985)

BALDING, D J, and DONNELLY, P, “The Prosecutor’s Fallacy and DNA Evidence” [1994] Criminal Law Review 711

BELL, V, “How to Preserve the Integrity of Jury Trials in a Mass Media Age” (Supreme and Federal Courts Judges’ Conference, January 2005)

BONIFACE, D, “The Common Sense of Jurors vs the Wisdom of the Judicial Directions and Warnings in Sexual Assault Trials” (2005) 28 University of New South Wales Law Journal 261

BORNSTEIN, B H, “The Ecological Validity of Jury Simulations: Is the Jury Still Out?” (1999) 23 Law and Human Behavior 75

BREWER, N, HARVEY, S, and SEMMLER, C, “Improving Comprehension of Jury Instructions with Audio-Visual Presentation” (2004) 18 Applied Cognitive Psychology 765

BRONITT, S, and AMIRTHALINGAM, K, “Cultural Blindness: Criminal Law in Multicultural Australia” (1996) 21 Alternative Law Journal 58

BROWN, D, FARRIER, D, EGGER, S, MCNAMARA, L, and STEEL, A, Criminal Laws: Materials and Commentary on Criminal Law and Processes in New South Wales (4th edition, 2006)

CANADIAN JUDICIAL COUNCIL, Model Jury Instructions in Criminal Matters (2004)

CHARROW, R, and CHARROW, V, “Making Legal Language Understandable: A Psycholinguistic Study of Jury Directions” (1979) 79 Columbia Law Review 1306

CHESTERMAN, M, CHAN, J, and HAMPTON, S, Managing Prejudicial Publicity: An Empirical Study of Criminal Jury Trials in New South Wales (Law and Justice Foundation of NSW, 2001)

COLE, S, and DIOSO-VILLA, R, “CSI and Its Effects: Media, Juries, and the Burden of Proof” (2007) 41 New England Law Review 435

CORNISH, W R, The Jury (Allen Lane, The Penguin Press, 1968)

COSTIGAN, R, “Identification from CCTV: The Risk of Injustice” [2007] Criminal Law Review 591

COURTIN, J, “Judging the Judges: How the Victorian Court of Appeal is Dealing with Appeals Against Conviction in Child Sexual Assault Matters” (2006) 18 Current Issues in Criminal Justice 266

CROUCHER, J S, “Assessing the Statistical Reliability of Witness Evidence” [2003] Australian Bar Review 173

CRUSE, D, and BROWNE, B, “Reasoning in a Jury Trial: The Influence of Instructions” (1986) 114 The Journal of General Psychology 129

DABARS, E, and HINTON, M, “Comment by an Accused on the Co-accused’s Silence in a Joint Trial: R v Tran and To” (2007) 31 Criminal Law Journal 307

DANN, M, “‘Learning Lessons’ and ‘Speaking Rights’: Creating Educated and Democratic Juries” (1993) 68 Indiana Law Journal 1229

DAVIS, G, and LLOYD-BOSTOCK, S (ed), Psychology, Law, and the Criminal Justice: International Developments in Research and Practice (1992)

DEVLIN, P, Report to the Secretary of State for the Home Department of the Departmental Committee on Evidence of Identification in Criminal Cases (1976)

DEVLIN, P, The Judge (Oxford University Press, 1979)

DEVLIN, P, Trial by Jury (Stevens and Sons, 1956)

DIAMOND, S S, “Beyond Fantasy and Nightmare: A Portrait of the Jury” (2006) 54 Buffalo Law Review 717

DONNELLY, H, “Delay and the Credibility of Complainants in Sexual Assault Proceedings” (2007) 19 Judicial Officers’ Bulletin 17

EAMES, G, “Towards a Better Direction – Better Communication with Jurors” (2003) 24 Australian Bar Review 35

ELLARD, J, “A Note on Lying and its Detection” (1996) 2 Judicial Review 303

ELWORK, A, SALES, B, and ALFINI, J, Making Jury Instructions Understandable (1982)

ENGLAND AND WALES, Criminal Law Revision Committee, Evidence (General), Report 11 (Cmnd 4991,1972)

ENGLAND AND WALES, Judicial Studies Board, Crown Court Bench Book: Specimen Directions (June 2007)

ENGLAND AND WALES, Law Commission, Fraud, Report 276 (2002)

ENGLAND AND WALES, The Royal Commission on Criminal Justice, Cm 2263 (1993)

FARLEY, R J, “Instructions to Juries – Their Role in the Judicial Process” (1932) 42 Yale Law Journal 194

FLANGO, V E, “Would Jurors Do a Better Job If They Could Take Notes?” (1980) 63 Judicature 436

FLATMAN, G, and BAGARIC, M, “Juries Peers or Puppets – The Need to Curtail Jury Instructions” (1998) 22 Criminal Law Journal 207

FRANK, M G, “Assessing Deception: Implications for the Courtroom” (1996) 2 Judicial Review 315

FRYER-SMITH, S, “Case and Comment: Stack v Western Australia” (2006) 30 Criminal Law Journal 246

GANI, M, “Codifying the Criminal Law: Implications for Interpretation” (2005) 29 Criminal Law Journal 264

GILES, R, “The Assessment of Reliability and Credibility” (1996) 2 Judicial Review 281

GILLIES, P, and DAHDAL, A, “Directions to Convict” (2007) 31(5) Criminal Law Journal 295

GLEESON, A M, “The Role of a Judge in a Criminal Trial” (Lawasia Conference, Hong Kong, 6 June 2007)

GLEESON, A M, “The State of the Judicature” (35th Australian Legal Convention, Sydney, 25 March 2007)

GOODMAN-DELAHUNTY, J, BREWER, N, CLOUGH, J, HORAN, J, OGLOFF, J R P, TAIT, D, and PRATLEY, J, Practices, Policies and Procedures that Influence Juror Satisfaction in Australia, Research and Public Policy Series No 87 (Australian Institute of Criminology, 2008)

GRIEW, E, “Summing Up the Law” [1989] Criminal Law Review 768

HAESLER, A, “DNA for Defence Lawyers” (NSW Public Defender’s Office Conference, May 2005)

HASTIE, R, Final Report to the National Institute for Law Enforcement and Criminal Justice (1983, unpublished)

HASTIE, R, PENROD, S, and PENNINGTON, N, Inside the Jury (Harvard University Press, 1983)

HEFFER, C N, “The Language of Conviction and the Convictions of Certainty: Is “Sure” an Impossible Standard of Proof?” (2007) 5(1) International Commentary on Evidence (Article 5)

HEFFER, C, “Beyond ‘Reasonable Doubt’: The Criminal Standard of Proof Instruction as Communicative Act” (2006) 13(2) International Journal of Speech, Language and the Law 159

HEUER, L, and PENROD, S D, “Instructing Jurors: A Field Experiment with Written and Preliminary Instructions” (1989) 13 Law and Human Behavior 409

HEUER, L, and PENROD, S D, “Juror Notetaking and Question Asking During Trials” (1994) 18 Law and Human Behavior 121

HORAN, J, “Communicating with Jurors in the Twenty-First Century” (2007) 29 Australian Bar Review 75

HORAN, J, The Civil Jury System (PhD Thesis, University of Melbourne, 2004)

HUNT, D, “The Role of the Independent Prosecution Office in Ensuring Probity and Fairness in the Criminal Justice System from the Courts’ Perspective” (NSW DPP, Future Directions Conference, 1997)

HUNTER, J, and BONIFACE, D, “Secret Jury Business: What Jurors Search For and What They Don’t Get” (Conference Paper, British Society of Criminology, Huddersfield, England, July 2008)

JACKSON, J, “Juror Decision-making and the Trial Process” in G Davis and S Lloyd-Bostock (ed), Psychology, Law, and the Criminal Justice: International Developments in Research and Practice (1992)

JUDICIAL COMMISSION OF NEW SOUTH WALES, Criminal Trial Courts Bench Book (October 2008)

JUDICIAL COMMISSION OF NEW SOUTH WALES, Equality Before the Law Bench Book (2006)

JUDICIAL COMMISSION OF NEW SOUTH WALES, Partial Defences to Murder in New South Wales 1990-2004, Research Monograph 28 (2004)

KASSIN, S M, et al, Police-induced Confessions: Risk Factors and Recommendations, American Psychology-Law Society, Proposed White Paper (2008)

KIRBY, M, “Speaking to the Modern Jury – New Challenges for Judges and Advocates” (Worldwide Advocacy Conference, 29 June-2 July 1998)

KIRBY, M, “Why Has the High Court Become More Involved in Criminal Appeals?” (2002) 23 Australian Bar Review 4

KRAMER, G P, and KOENIG, D M, “Do Jurors Understand Criminal Jury Instructions? Analyzing the Results of the Mighigan Juror Comprehension Project” (1989) 23 University of Michigan Journal of Law Reform 401

KRASITY, K A, “The Role of the Judge in Jury Trials: The Elimination of Judicial Evaluation of Fact in American State Courts from 1795 to 1913” (1985) 62 University of Detroit Law Review 595

LAW REFORM COMMISSION OF CANADA, The Jury, Report 16 (1982)

LEE, L F, HOROWITZ, I, and BOURGEOIS, M, “Juror Competence in Civil Trials: Effects of Preinstruction and Evidence Technicality” (1993) 78 Journal of Applied Psychology 14

LIEBERMAN, J, and SALES, B, “What Social Science Teaches Us About the Jury Instruction Process” (1997) 3 Psychology, Public Policy, and Law 589

LIEVORE, D, Non-Reporting and Hidden Recording of Sexual Assault in Australia (2002)

LLOYD-BOSTOCK, S, and THOMAS, C, “Decline of the ‘Little Parliament’: Juries and Jury Reform in England and Wales” (1999) 62 Law and Contemporary Problems 7

LONDON, K, et al, “Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways that Children Tell?” (2005) 11 Psychology, Public Policy, and Law 194

MADGE, N, “Summing Up – a Judge’s Perspective” [2006] Criminal Law Review 817

McCLELLAN, P, “The Australian Justice System in 2020” (National Judicial College of Australia, 25 October 2008)

MILDREN, D, “Redressing the Imbalance against Aboriginals in the Criminal Justice System” (1997) 21 Criminal Law Journal 7

MITCHELL, G, “Asking the Right Questions about Judge and Jury Competence” (2005) 32 Florida State University Law Review 519

MONTGOMERY, J W, “The Criminal Standard of Proof” (1998) 148 New Law Journal 582

NAJDOVSKI-TERZIOVSKI, E, CLOUGH, J, and OGLOFF, J, “In Your Own Words: A Survey of Judicial Attitudes to Jury Communication” (2008) 18 Journal of Judicial Administration 65

NEW SOUTH WALES LAW REFORM COMMISSION, Criminal Procedure: The Jury in a Criminal Trial: Empirical Studies, Research Report 1 (1986)

NEW SOUTH WALES LAW REFORM COMMISSION, Partial Defences to Murder: Diminished Responsibility, Report 82 (1997)

NEW SOUTH WALES LAW REFORM COMMISSION, Partial Defences to Murder: Provocation and Infanticide, Report 83 (1997)

NEW SOUTH WALES LAW REFORM COMMISSION, Right to Silence, Report 95 (2000)

NEW SOUTH WALES LAW REFORM COMMISSION, Sentencing: Aboriginal Offenders, Report 96 (2000)

NEW SOUTH WALES LAW REFORM COMMISSION, Uniform Evidence, Report 112 (2005)

NEW SOUTH WALES LEGISLATIVE COUNCIL STANDING COMMITTEE ON LAW AND JUSTICE, Report on Child Sexual Assault Prosecutions (2002)

NEW SOUTH WALES, Attorney General’s Department, Discussion Paper on Reforms to the Criminal Justice System (1989)

NEW SOUTH WALES, Attorney General’s Department, A Guide for Jurors: Welcome to Jury Service (February 2007)

NEW SOUTH WALES, Criminal Justice Sexual Offence Taskforce, Responding to Sexual Assault: The Way Forward (2006)

NEW SOUTH WALES, Department of Women, Heroines of Fortitude: The Experiences of Women in Court as Victims of Sexual Assault (1996)

NEW SOUTH WALES, Interagency Adult Sexual Assault Committee, A Fair Chance: Proposals for Sexual Assault Law Reform in NSW (2004)

NEW ZEALAND, Institute of Judicial Studies, Criminal Jury Trials Bench Book (2006)

NEW ZEALAND, Law Commission, Juries in Criminal Trials, Report 69 (2001)

NICHOLSON, J, “Four Key Sexual Assault Directions”, Sexual Assault Handbook (NSW Judicial Commission, 2008)

NIELAND, R G, “Assessing the Impact of Pattern Jury Instructions” (1978) 62 Judicature 185

ODGERS, S, Uniform Evidence Law (Thomson Law Book Co, 7th ed, 2006)

OGLOFF, J, CLOUGH, J, GOODMAN-DELAHUNTY, J, and YOUNG, W, The Jury Project: Stage 1 – A Survey of Australian and New Zealand Judges (Australian Institute of Judicial Administration, 2006)

PARLIAMENT OF VICTORIA, Law Reform Committee, Jury Service in Victoria, Final Report (1997)

PHILLIPS, A, Lawyers’ Language: How and Why Legal Language is Different (Routledge, 2002)

PHILLIPS, N A, “Constitutional Reform: One Year On” (Judicial Studies Board, Annual Lecture, Inner Temple, 22 March 2007)

POTAS, I, “Instructing the Jury” in D Challinger (ed), The Jury: Proceedings of Seminar on the Jury, AIC Seminar, Proceedings No 11 (1986)

POTAS, I, and RICKWOOD, D, Do Juries Understand? (Australian Institute of Criminology, 1984)

PRAGER, I G, DECKELBAUM, G, and CUTLER, B, “Improving Juror Understanding for Intervening Causation Instructions” (1989) 3 Forensic Reports 187

“Principles of Summing-Up” (1999) 63 Journal of Criminal Law 422

QUEENSLAND LAW REFORM COMMISSION, A Review of the Defence of Provocation, Working Paper 63 (2008)

QUEENSLAND, CRIMINAL JUSTICE COMMISSION, Aboriginal Witnesses in Queensland’s Criminal Courts, Report (1996)

RE, L, “Eyewitness Identification: Why So Many Mistakes?” (1984) 58 Australian Law Journal 509

RE, L, “Oral v Written Evidence: The Myth of the “Impressive Witness” (1983) 57 Australian Law Journal 679

RE, L, and SMITH, T H, Manner of Giving Evidence, Australian Law Reform Commission Evidence Reference Research Paper 8 (1982)

REED, A, “Provocation: A Matter for Jury Determination” (2001) 112 The Criminal Lawyer 1

REIFMAN, A, GUSICK, S M, and ELLSWORTH, P C, “Real Jurors’ Understanding of the Law in Real Cases” (1992) 16 Law and Human Behavior 539

RICHARDSON, P J (ed), Archbold Criminal Pleading, Evidence and Practice (Sweet and Maxwell, 2002)

ROBERTSON, J M, “The Jury Writes Back: Aspects of Jury Management” (Biennial Judges’ Conference, Gold Coast, Queensland, 22-26 June 2003)

ROYAL COMMISSION INTO THE NEW SOUTH WALES POLICE SERVICE, Final Report (1997)

SAKS, M J, “What Do Jury Experiments Tell Us About How Juries (Should) Make Decisions?” (1997) 6 Southern California Interdisciplinary Law Journal 1

SAND, L, and REISS, S, “A Report on Seven Experiments Conducted by District Court Judges in the Second Circuit” (1985) 60 New York University Law Review 423

SAXTON, B, “How Well Do Jurors Understand Jury Instructions? A Field Test Using Real Juries and Real Trials in Wyoming” (1998) 33 Land and Water Review 59

SCHWARZER, W W, “Communicating with Juries: Problems and Remedies” (1981) 69 California Law Review 731

SCHWEITZER, N J, and SAKS, M J, “The CSI Effect: Popular Fiction About Forensic Science Affects the Public’s Expectations About Real Forensic Science” (2007) 47 Jurimetrics 357

SEMMLER, C, and BREWER, N, “Using a Flow-chart to Improve Comprehension of Jury Instructions” (2002) 9 Psychiatry, Psychology and Law 262

SEVERANCE, L, and LOFTUS, E, “Improving the Ability of Jurors to Comprehend and Apply Criminal Jury Instructions” (1982) 17 Law and Society Review 153

SILVESTER, J, and RULE, A, Leadbelly: Inside Australia’s Underworld Wars (Floradale Productions/Sly Ink,2004)

SMITH, V, “Impact of Pretrial Instruction on Jurors’ Information Processing and Decision Making” (1991) 76 Journal of Applied Psychology 220

SPIGELMAN, J J, “The Internet and the Right to a Fair Trial” (6th World Wide Common Law Judiciary Conference, Washington DC, June 2005)

STEELE, W W, and THORNBURG, E R, “Jury Instructions: A Persistent Failure to Communicate” (1991) 74 Judicature 249

STEELE, W W, and THORNBURG, E R, “Jury Instructions: A Persistent Failure to Communicate” (1989) 67 North Carolina Law Review 77

STEPHEN, J F, A History of the Criminal Law of England (Macmillan and Co, 1883)

STONE, M, “Instant Lie Detection? Demeanour and Credibility in Criminal Trials” [1991] Criminal Law Review 821

STRAWN, D U, and BUCHANAN, R W, “Jury Confusion: a Threat to Justice” (1976) 59 Judicature 478

SULLIVAN, A M, The Last Serjeant: The Memoirs of Serjeant A M Sullivan, QC (1952)

SULLIVAN, E R, and AMAR, A R, “Jury Reform in America – A Return to the Old Country” (1995) 33 American Criminal Law Review 1141

SUPREME COURT OF QUEENSLAND, Equal Treatment Benchbook (2005)

TASMANIA LAW REFORM INSTITUTE, Warnings in Sexual Offences Cases Relating to Delay in Complaint, Final Report (2006)

TAYLOR, G, “Judicial Reflections on the Defence Case in the Summing Up” (2005) 26 Australian Bar Review 70

TINDALL-FORD, S, CHANDLER, P, and SWELLER, J, “When Two Sensory Modes are Better Than One” (1997) 3 Journal of Experimental Psychology: Applied 257

TINSLEY, Y, “Juror Decision-Making: A Look Inside the Jury Room” (2001) 4 British Society of Criminology

TORPEY, S, “The New Test of Self-defence” (2002) 9 Criminal Law News 41

TRIMBOLI, L, Juror Understanding of Judicial Instructions in Criminal Trials, Crime and Justice Bulletin No 119 (NSW Bureau of Crime Statistics and Research, 2008)

UNITED KINGDOM, Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004)

VICTORIAN LAW REFORM COMMISSION, Sexual Offences, Interim Report (2003)

VICTORIAN LAW REFORM COMMISSION, Sexual Offences: Law and Procedure, Final Report (2004)

VINCENT, F H, “The High Court v the Trial Judge” in 28th Australian Legal Convention (1993)

VODANOVICH, I, The Criminal Jury in Western Australia (PhD Thesis, University of Western Australia, 1989)

WATT, D, Helping Jurors Understand (Carswell, Toronto, 2007)

WEBSTER, A, “Recklessness: Awareness, Indifference or Belief” (2007) 31 Criminal Law Journal 272

WEINBERG, M, “Moral Blameworthiness: The ‘Objective Test’ Dilemma” (2003) 24 Australian Bar Review 173

WIGMORE, J H, A Treatise on the Anglo-American System of Evidence in Trials at Common Law (Little, Brown and Company, 1940)

WILLEN, R S, “Rationalization of Anglo-Legal Culture: The Testimonial Oath” (1983) 34 British Journal of Sociology 109

WOLCHOVER, D, “Should Judges Sum Up on the Facts?” [1989] Criminal Law Review 781

WOOD, J, “Child Witnesses: The New South Wales Experience” (Australasian Institute of Judicial Administration: Child Witnesses – Best Practice for Courts, Parramatta, 30 July 2004)

WOOD, J, “Complaint and Medical Examination Evidence in Sexual Assault Trials” (2002) 15 Judicial Officers’ Bulletin 63

WOOD, J, “Criminal Law Update: Court of Criminal Appeal” (1999) 4 The Judicial Review 217

WOOD, J, “Jury Directions” (2007) 16 Journal of Judicial Administration 151

WOOD, J, “The Trial Under Siege: Towards Making Criminal Trials Simpler” (District and County Court Judges’ Conference, Fremantle, WA, 27 June - 1 July 2007)

YEATS, M, “Using PowerPoint in Charging Juries” (Australian Institute of Judicial Administration Conference, Melbourne, 8-10 October 2000)

YEO, S, “Sex, Ethnicity, Power of Self-control and Provocation Revisited” (1996) 18 Sydney Law Review 304

YEO, S, “Voluntariness, Free Will and Duress” (1996) 70 Australian Law Journal 304

YOUNG, W, CAMERON, N, and TINSLEY, Y, Juries in Criminal Trials: Part Two: A Summary of Research Findings, New Zealand Law Commission Preliminary Paper 37 (1999) vol 2

ZANDER, M, “The Criminal Standard of Proof – How Sure is Sure?” (2000) 150 New Law Journal 1517

ZANDER, M, and HENDERSON, P, Crown Court Study (1993)