Comprehending life and death matters

Modern capital jurisprudence places special significance on judicial instructions to guide the discretion of the capital jury in reaching a penalty phase decision. Yet, previous social science research has raised doubts about the extent to which judicial instructions are generally understood by jurors and questioned their utility in producing intended effects. The present study measured the comprehension of the capital sentencing instruction employed in California. Data suggest widespread inability to define accurately the central concepts of aggravation and mitigation in use in virtually every state that currently has a death penalty statute, as well as the inability to distinguish properly the sentencing significance of the enumerated factors jurors are directed to use in reaching their life and death verdicts. In addition, an inordinate focus on the circumstances of the crime—to the exclusion of other potentially important factors—was identified, as well as special problems in comprehending the crucial concept of mitigation in constitutionally required ways.We would like to thank Suzanne Ban, Cori Nardello, and Maryanne Tagavilla for assistance in transcribing and content-analyzing the data.     

Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

Randomized experiments in criminology: What have we learned in the last two decades?

This paper aims to review randomized experiments in criminology with offending outcomes and reasonably large numbers that were published between 1982 and 2004. A total of 83 experiments are summarized, compared with only 35 published between 1957 and 1981: 12 on policing, 13 on prevention, 14 on corrections, 22 on courts, and 22 on community interventions. Randomized experiments are still relatively uncommon, but there have been more large-scale multi-site experiments and replication programs. There have also been several experiments in which 100 or more places were randomly assigned. Relatively few experiments (only 10 out of 83) were conducted outside the United States. Meta-analyses suggest that prevention methods, correctional therapy, batterer programs, drug courts, juvenile restitution and deterrent policing were effective in reducing offending, while Scared Straight and boot camp programs caused a significant increase in offending.