A God of Vengeance and of Reward? Voters and Accountability

Theories of democratic politics prize congruence between citizens’ preferences and their elected representatives’ actions in office. Elections are a critical means for achieving such policy congruence, providing voters the opportunity to chasten representatives who are out of step with constituent preferences and to reward the faithful. Do voters act this way? Recent studies based on observational data find they do, but these data are somewhat limited. We employ a survey experiment to estimate the extent to which information about policy congruence affects voters’ evaluations of representatives. We informed some subjects how often their member of Congress’s voting decisions match their own stated preferences on the same policies. We find that information about congruence enhances accountability by affecting constituent evaluations of representatives and may also affect citizens’ propensity to participate in upcoming elections.     

Harassment and stalking of Members of the United Kingdom Parliament: associations and consequences

A survey concerning intrusive/aggressive behaviours towards MPs was administered at Westminster, and in Queensland, New Zealand and Norway. Follow-up interviews were conducted with a sample at Westminster. This paper examines the experiences and associations of the 239 Westminster responders, of whom 81% had experienced intrusive/aggressive behaviours, 18% been subject to attack/attempted attack, and 53% stalked or harassed. Being stalked and subject to certain types of intrusive/aggressive behaviour were associated with younger age and being in the Commons five years or less, but serious incidents were more common in those who had been MPs for longer. There were no associations with brief periods of harassment. Some differences with party and constituency type emerged. Mental illness was prominent amongst perpetrators. Motives predominantly concerned personal grievances. Significant proportions of MPs suffered psychological ill-effects, necessitating inconvenient behaviour changes. Internal consistencies in these results and similarities to other sites are explored, and their implications discussed.     

Bureaucracy, “domesticated” elites, and the abolition of capital punishment. Processes of state-formation and the number of executions in England and Habsburg Austria between 1700 and 1914

The paper argues that the introduction of bureaucracy civilized death penalty and brutal punishment. The study bases on a quantitative analysis of the numbers of death sentences and executions in England and Habsburg Austria from 1700 to 1914 and on a qualitative analysis of historical literature about the death penalty in both countries. The paper shows that professional law enforcement specialists, bureaucrats, civil servants, and detached juridical stuff formed a new class of “domesticated middlemen elites”. In strong states, this new class becomes the dominating group. In weak states, however, old elites that combine economic and political power preserve their privileged positions. For them capital punishment is the most proper mean to deter criminals because old elites fear the alternative: the introduction of strong-state institutions. Beside obvious power struggles between central and local elites—which effects penal policy pro and con capital punishment—there is a civilizing process going beneath the surface of rationality and political interests. In strong states, the formation of a “habitus” averse to brutal punishment is initiated amongst “domesticated middlemen elites” who are acting in peaceful living- and working conditions.     

Angels of mercy? The legal and professional implications of withdrawal of life-sustaining treatment by nurses in England and Wales

In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by considering parallel cases. Examining some of the circumstances in which doctors are allowed to take life, I argue that the legal dispensation by which doctors are permitted to perform these tasks rests largely on their identity as doctors rather than any distinctive feature of their activities themselves. This uniqueness means that medical law for nurses is quite distinct from that for doctors. While it may nevertheless give nurses practical exemption from the legal consequences of their actions in withdrawal, it depends upon a judicial view that nurses are instruments of doctors. This judicial position is at odds with nurses' professional responsibilities, which envisage them as independent professionals who are liable for their own actions, inviting potentially adverse consequences from their professional registrar.     

The New Water Legislation of Zimbabwe and South Africa – Comparison of Legal and Institutional Reform

Recently, several new pieces of water legislation have been promulgated in both Zimbabwe and the Republic of South Africa. The new acts are an attempt to correct injustices of a colonial past and to trigger development towards effective, equitable and efficient integrated water resources management influenced by the policy decisions in Agenda 21 and the need to respect economic and social human rights. This article aims at identifying and describing factors of prime importance in the process of legal and institutional reform. Major factors are earmarked and derived from the proceedings in Zimbabwe and are compared with the situation in South Africa. Thorough analysis by the author of proceedings, preambles, memoranda, legislation and addenda has induced roughly 5 major reform issues: The call for equitable water distribution based on a widely consented water resources management strategy; The need for effective and efficient integrated water resources management conducive to stakeholder participation through decentralisation processes; The redressing of legal shortcomings in former water legislation with the emphasis on the introduction of integrated approaches; The introduction of instruments of cost recovery for water resources management; The need to develop human resources capacity and institutional strength within the implementing agencies.For both Southern African states, these issues appear to be of comparable importance as major triggers for legal and institutional reform, although not always in the same sense.The resulting most important legal and institutional changes are presented, discussed and compared. Finally, prospects for and constraints on implementation of the new water legislation in these countries are compared.     

Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.

The Conditioning Effects of Race and Gender on the Juvenile Court Outcomes of Delinquent and “Neglected” Types of Offenders

Drawing upon concepts from prior research that emphasize race and gender stereotyping, the present research compares how delinquent and “neglected” types of offenses (i.e. status offenses, probation violations, youth charged with contempt) are treated across three juvenile court outcomes. Beyond how offense type may directly impact case outcomes, we also investigated whether race and gender influenced juvenile justice processing within each offense type. Using data from two Mid-Atlantic States, results indicated that type of offense, race, and gender resulted in both severe and lenient case outcomes depending on the stage examined. By including different types of offenses that represent a significant percentage of youth that have been relatively neglected in prior research, the current study provides greater insight into the contexts of race and gender disparities in juvenile justice decision-making. The implications of the findings and directions for future research are also discussed.     

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Framing and perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator–target relationship influence perceptions of stalking. Two studies employed experimental 3×3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator–target relationship. Participants in both studies (total N=449) were presented with vignettes and asked to answer six questions relating to the behaviour described. Question frame was found to impact on the classification of behaviour, with a greater proportion of participants indicating that the behaviour represented harassment or stalking rather than an illegal act. Consistent with previous research, conduct severity and the perpetrator–target relationship influenced perceptions of stalking. However, there was no evidence to suggest that the framing of the opening question influenced these perceptions. The implications of these findings for previous perception research are discussed.     

Verba and Voluntas – Conflict of Laws in Interpretation of Contracts

This paper aims to describe an existing legal practice of contractual interpretation in Estonian legal order. In order to investigate the semiotic essence of contractual interpretation and its limits, this paper narrows its focus on a notion “conflict of laws” (as developed by Roberta Kevelson). By conflict of law is meant a depiction of incompatibility or conflict of co-existing legal practices, the conflict, which is both internal and external to Estonian legal system. From the inner perspective of Estonian legal order, the conflict of law is subsequently reduced to the conflict in law, and being analyzed on the grounds of contract law, the conflict of legal rules, in fact becomes a issue of contractual interpretation. It is claimed in this paper that there has been a fundamental incompatibility between objective and subjective approaches to interpretation of contracts. As later as 19th century, with the development of systematic legal science, an apparent confusion of objective and subjective approaches was becoming transformed into an open and growing system of law, based on a fusion of both methods. This paper lays theoretical grounds for a practical test, which could measure the exact level of legal integrity between different elements of legal system.     

“Blood,Bucks and Bias”: Reliability and biasability of crime scene investigators’ selection and prioritization of blood traces

When crime scene investigators (CSIs) encounter crime scenes with large volumes of blood, some selection and prioritization is often needed, and this will impact on what blood is and is not available for forensic analysis. What factors influence CSIs decision making process is largely unknown. This study examines the effects of awareness of limited resources and irrelevant contextual case information indicating either a homicide or a suicide on CSIs collection of blood traces. To this end, two scenario-based experiments with CSIs and novices were conducted. Overall, the results suggest that even when CSIs decisions are made under identical conditions, their trace selection varies both when it comes to numbers and locations. Furthermore, awareness of limited resources made CSIs collect fewer traces and their selections also varied following the contextual case information, showing similarities and differences with novices. Since blood traces can be used to establish both activity and identity the findings can have important implications for the subsequent investigation as well as trial.     

Exploring the “Lost and Found” of Justice Theory and Research

Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory of how people reason about fairness are discussed.

Pathogenesis of heroin-associated glomerulonephritis. Correlation between the inflammatory activity and renal deposits of immunoglobulin and complement?

Renal specimens from 19 autopsies of persons known to be intravenous heroin-addicts and with severe lympho-monocytic glomerulonephritis were investigated to correlate the inflammatory activity and deposits of immunoglobulin and complement. In all sections, there were 10 or more LCA-positive cells/glomerulum, counted in 20 glomerula but only up to 3 LCA-positive cells in a control-group of 10 autopsied persons without drug addiction and any renal diseases. In some cases diffuse granular deposits of immunoglobulin were found together with deposits of Clq. Although these changes cannot be demonstrated in all cases, deposits of Clq point to an activation of the classical way of the complement binding system in heroin-associated glomerulonephritis. The underlying process, activation of the complement binding system by heroin/morphin itself and adulterants or by hepatitis B and C infection, which are frequent in heroin-addicts, is still unclear.     

Representative and Useful? An Empirical Assessment of the Representative Nature and Impact of the Scottish Youth Parliament

Youth parliaments provide a channel for young people to engage positively with the political system and benefit themselves and their communities. Using survey data of former members of the Scottish Youth Parliament (SYP), and comparing them with a variety of population data, the paper investigates whether the SYP is representative of the Scottish population, and whether engagement with the youth parliament has had an impact on members' personal and skills development, and associational activities in later life. Results suggest that former members of the youth parliament are representative of the general population and that personal and skills development has been high. In addition, an overwhelming majority of former members perceive positive impacts from their experiences. However, volunteering, although higher among former members compared with the population, is disproportionately favoured by the very same social groups that are known to volunteer more. The authors interpret this as evidence that the SYP has some way to go towards engendering volunteerism. These results are likely to be of interest to those who are either studying or engaging the younger generation in activities that sustain a healthy democratic regime.     

Appointment and Term of Office of Judges of International Courts: Innovations from Africa?

Non‐nationals of the Member States of the Common Market for Eastern and Southern Africa (Comesa) were in the past appointed to the Comesa Court of Justice (the Comesa Court) on the basis of their domicile rather than nationality. This article examines the relevant legal provision in this regard and points out that it is capable of far‐reaching interpretation, possibly beyond the intention of the parties to the Treaty establishing Comesa. Further, while the Treaty allows persons who are Judges or are qualified to be Judges in their home countries to be appointed, it also permits the appointment of distinguished lawyers. The article examines the emerging practice in terms of preferences between the two categories and assesses its desirability. In addition, the manner of appointing the President of the Court is mentioned and commented on in relation to its ability to promote or impair judicial independence. Finally, for a two‐year period ending in June 2005, there were no Judges in office on the Comesa Court. The stipulation that led to this hiatus is briefly noted and discussed. During the discourse, comparisons are made with the European Court of Justice and the Court of Justice of the East African Community.     

Younger and older adults’ lie-detection and credibility judgments of children's coached reports

ABSTRACT

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18–30 years, N?=?100) and older adults’ (66–89 years, N?=?100) lie-detection and credibility judgments when viewing children's truthful and dishonest reports. Participants viewed eight child interview videos where children (9–11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two videos. Participants completed a General Lifespan Credibility questionnaire to assess credibility evaluations across various witness ages. Lie-detection results indicated that older adults had significantly lower discrimination scores, a stronger truth bias, and greater confidence compared to younger adults. Older adults also rated children as more competent to testify in court, credible, honest, believable, and likeable than younger adults. Participants with greater differences in their credibility evaluations for truth and lie-tellers were significantly more accurate at detecting lies. Responses to the Lifespan Credibility questionnaire revealed significant differences in younger and older adults’ credibility evaluations across the lifespan.