Friendship,Courting, and Engagement: Pre-electoral Coalition Dynamics in Action

The literature on pre-electoral coalitions (PECs) still relies heavily on comparative statics to gauge whether a PEC is likely to form and/or its effects on government formation. However, less is known about the behavioural dynamics of PECs. The dynamics of the recent 2009 PEC between the Socialist People's Party and the Social Democrats in Denmark are assessed. Elaborating on the signalling hypothesis, it is argued that coalition members over time must show their ability to vote together in parliament in order to establish a credible commitment. Empirical support is found for this take on the signalling thesis. It was also found that the distance between the parties narrows before the formulation of the PEC, and distinct phases in the process are pointed to, which the authors coin ‘friendship’, ‘courting’, and ‘engagement’. Finally, alternative explanations are assessed and the question of which party of the PEC would have to change voting patterns in the inter-party coordination process in order to become 'office-fit' is addressed. It is concluded that PECs have a systematic effect on the members' parliamentary voting behaviour and that they serve as a preparatory signalling device for opposition parties with office ambitions.     

Execution publicity and homicide in Georgia

A requisite of both general deterrence and brutalization theories of capital punishment is citizen awareness of executions. Yet this dimension is frequently left unmeasured in the literature on executions and homicide. Further, the current literature utilizes nationwide data, which introduces aggregation bias. The present study deals with these issues, testing the brutalization theory with data on publicized executions in the state of Georgia. Monthly data are used in order to capture any short-term brutalization effect. The results of a multivariate time-series model find that a publicized execution is associated with an increase of 2.6 homicides, or 6.8%, in the month of the publicized execution. Publicized executions were associated with an increase of 55 homicides during the time period analyzed. The results provide no support for the deterrence, victim mobilization, and normative validation perspectives on homicide. The findings can be interpreted, however, from several different varieties of brutalization theory.     

Courting Rwanda: The Promises and Pitfalls of the ICTR Outreach Programme

This article aims to assess the contribution of the OutreachProgramme at the International Criminal Tribunal for Rwanda(ICTR). The author introduces and discusses two general approachesor models of outreach that international criminal tribunalsmay pursue. The transparency model of outreach seeks to makea tribunal's opaque legal process more visible by disseminatingbasic information about the court to communities recoveringfrom human rights abuses. The engagement model goes beyond onlyinforming these communities by facilitating frequent and extensivetribunal interaction and dialogue through seminars, town hallpresentations, and training of legal professionals. Despitesome progress with limited resources, the efforts of the OutreachProgramme of the ICTR to engage the Rwandan population and tomake the Tribunal more transparent have been ineffective. Thearticle recommends that the ICTR bolster its outreach effortsby helping to train Rwanda's judiciary, appointing more Rwandansto serve in positions of authority at the Tribunal, and engagingdomestic and international non-governmental organizations inoutreach programme partnerships.     

Courting Justice? Legitimation in Lawyering under Israeli Occupation

Israel has since 1967 administered the West Bank and Gaza Strip through highly legalistic and strongly repressive military governments. Has advocacy in Israeli courts on behalf of Palestinian residents of the West Bank and Gaza Ship has kgitimaed, and thus helped to perpetuate, ongoing Israeli military occupation of those regions? By examining legitimation in lawyering under lsraeli occupation, insight can be gained into the factors and their relative weights that lawyers facing harsh or repressive regimes must consider in balancing the costs and benefits of litigation to serve a social or political opposition movement. The author concludes that the benefits outweigh the legitimating effects of lawyers’work and that, on balance, Palestinians’election to seek representation in Israeli courts, and lawyers’choice to assist them, has been justified.     

A journey into the unknown: Pretrial publicity and capital cases

This article examines issues related to pretrial publicity's role in the free press‐fair trial debate. First, the article provides a comprehensive review of existing research examining the effects of pretrial publicity on case outcomes. Second, it examines the presentation of prejudicial publicity items in a sample of newspaper stories on capital cases, identifying the types of factual and emotional publicity presented and suggesting areas that need to be more closely scrutinized in future research. The article concludes that cases that ultimately result in sentences of death receive both more and different types of pretrial publicity than cases that result in lesser sentences. The current state of empirical pretrial publicity knowledge, and the presentation of death cases, are discussed as they relate to the balancing of First and Sixth amendment rights.     

Sentence length: Interactions with race and court

Sentencing research tends to focus on two questions. First, do some categories of offenders receive substantially different sentences than do other categories of offenders, for the same or similar offenses? Second, do some courts give substantially different sentences, when compared to other courts, for the same or similar offenses? Focusing on these questions, researchers have typically examined the impact of three types of variables on either sentence length or sentence type: defendant status variables (e.g., race, education), extra-legal process factors (e.g., court, plea), and legal factors (e.g., seriousness of offense, prior convictions). Study results have been contradictory and inconclusive.The problem with sentencing studies is that only main effects are examined. A more appropriate model is one that contains the interactions between the defendant's race (black/white) and the other independent variables, and the interactions between the court's locale (urban/rural) and the other independent variables.Using data collected in 1978 on 412 male prisoners in Maryland, four interaction terms were found to contribute to an understanding of sentencing decisions. It was found that blacks received longer sentences than whites, net of all other variables. However, whites received lengthier sentences for more serious offenses. In comparison to blacks, whites received lengthier sentences when they used more court resources. It was found that rural jurisdictions give lengthier sentences than urban jurisdictions, net of all other variables. However, in comparison to rural courts, urban courts give lengthier sentences when the defendant uses more court resources. More serious offenses receive lengthier prison terms in rural, as compared to urban, courts.     

Social science in court

This article discusses the role of social science in legal proceedings with special attention to the ethical situation of the expert psychologist asked to testify about the reliability of an eyewitness identification. It argues that in this area as in others one cannot discuss the ethics of expert psychological testimony without attending to the quality of the research and theory on which the testimony is based. It also identifies as considerations that bear on the propriety of such testimony the information the fact finder is likely to receive in its absence and the factual guilt of the defendant. The paper goes on to discuss the relationship between law and social science more generally. It argues that ultimately courts do and should have the last word regarding the place of social science in legal proceedings.     

Decision-Making in court: Observing the sentencing of men and women

Abstract

Using systematic observation together with an analysis of the relevant court and criminal records this research examined the processing and sentencing of a small number of male and female defendants in an English magistrates' court. The findings indicate that sentencing was indirectly affected by a defendant's sex and directly affected by at least one aspect of a defendant's demeanour. These results provide support for the view that combining systematic observation with an analysis of court records offers a more effective means of investigating the differential treatment of male and female defendants than either unsystematic observational studies or the analysis of court records alone.     

New visual technologies in court: directions for research

Litigation is being transformed by new visual communication technologies, including videoconferencing, PowerPoint, and computer animations. Yet the effects of these visual technologies on legal decision making are largely unknown. In order to understand better the most pressing issues surrounding technology in the courtroom, psychologists, lawyers, and representatives from technology companies and funding agencies attended a Research Conference on Courtroom Technology organized by the Federal Judicial Center. The goals of the conference were to identify issues raised by courtroom uses of new technologies that could be illuminated by empirical research and to suggest designs and methods for conducting that research. This paper emerged from that conference. The authors provide an overview of considerations that should guide research in this area, including a framework that takes into account features of the technology, the audience, and the legal strategy of the user of the technology. They outline a paradigm for conducting such research, illustrate it with several possible empirical studies of varying levels of experimental and conceptual complexity, and identify directions for subsequent research.     

Organizational centralization in court administration: An empirical assessment

Data gathered from a national survey of court managers are used to examine the centralized versus decentralized perspectives recently developed in organizational theories of court administration. Two areas are examined in the research: administrative decision making and job formalization. Utilizing discriminant analysis, it appears that few states are dominated by a single management approach, and that in all likelihood the local norms and values influence the ways in which the courts are managed.