Emotion and the Law: A Framework for Inquiry

This paper draws on research in social and cognitive psychology to show how theories of judgment and decision making that incorporate decision makers' affective responses apply to legal contexts. It takes 2 widely used models of decision making, the rational actor and lens models, and illustrates their utility for understanding legal judgments by using them to interpret research findings on juror decision making, people's obedience to the law (e.g., paying taxes), and eyewitness memory. The paper concludes with a discussion of the advantages of modifying existing approaches to information processing to include the influence of affect on how legal actors reach judgments about law and legal process.     

The Power of Contextual Effects in Forensic Anthropology: A Study of Biasability in the Visual Interpretations of Trauma Analysis on Skeletal Remains

The potential for contextual information to bias assessments in the forensic sciences has been demonstrated, in several forensic disiplines. In this paper, biasability potential within forensic anthropology was examined by analyzing the effects of external manipulations on judgments and decision‐making in visual trauma assessment. Three separate websites were created containing fourteen identical images. Participants were randomly assigned to one website. Each website provided different contextual information, to assess variation of interpretation of the same images between contexts. The results indicated a higher scoring of trauma identification responses for the Mass grave context. Furthermore, a significant biasing effect was detected in the interpretation of four images. Less experienced participants were more likely to indicate presence of trauma. This research demonstrates bias impact in forensic anthropological trauma assessments and highlights the importance of recognizing and limiting cognitive vulnerabilities that forensic anthropologists might bring to the analysis.     

Cascading Bias of Initial Exposure to Information at the Crime Scene to the Subsequent Evaluation of Skeletal Remains,

Thirty‐eight participants took part in a study that investigated the potential cascading effects of initial exposure to extraneous context upon subsequent decision‐making. Participants investigated a mock crime scene, which included the excavation of clandestine burials that had a male skeletal cast dressed either in female or gender neutral clothing. This was followed by a forensic anthropological assessment of the skeletal remains, with a control group assessing the same male skeletal cast without any clothing context. The results indicated that the sex assessment was highly dependent upon the context in which participants were exposed to prior to the analysis. This was especially noticeable in the female clothing context where only one participant determined the male skeletal cast to be male. The results demonstrate the importance of understanding the role of context in forensic anthropology at an early stage of an investigation and its potential cascading effect on subsequent assessments.     

Sex,Statistics, Peacekeepers and Power: UN Data on Sexual Exploitation and Abuse and the Quest for Legal Reform

The UN Secretariat provides annual statistics on allegations of sexual exploitation and abuse made against peacekeeping personnel, with reduced numbers of allegations leading to claims of success for the UN's ‘zero tolerance’ policy. This article explores the use of data as ‘technologies’ of global governance, to examine the function that these annual statistics serve for the UN and the impact that they have on calls for legal reform. Thus far, the statistics have attracted little academic appraisal. Yet, they have been used to establish the UN's authority to resolve the ‘problem’ of sexual exploitation and abuse, diminishing the space for critique of UN policy and undermining the quest for improved legal arrangements.     

The Forensic Confirmation Bias: A Comparison Between Experts and Novices

A large body of research has described the influence of context information on forensic decision‐making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime‐related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.     

Juror decision making for juveniles tried as adults: the effects of defendant age,crime type,and crime outcome

This study examined the influences of the crime type (person or property) and the crime outcome (mild or severe) on mock jurors’ verdict and sentencing decisions for adult defendants and juvenile defendants tried as adults. Jurors read a trial summary depicting a defendant charged with aggravated robbery or second-degree burglary. The crimes had either mild or severe damage inflicted on the person or property, and the defendant's age was presented as 14 or 24. Neither the defendant age nor the crime outcome affected jurors’ verdicts; however, jurors were more likely to convict a defendant charged with a crime against a person. Jurors recommended longer sentences for an adult defendant, a defendant charged with a crime against a person, and a defendant charged with a crime with a severe outcome. The discussion explored these outcomes and the role of bias in jurors’ perceptions of defendants.     

信息赋能、信息防险与信息调控——信息视野下的金融法变革路径

信息不对称的分析范式长期以来是金融制度分析的立论基础,而信息运动的三重特征——信息生成的无秩序性、信息分布的非均质性以及信息传递的可迁移性决定了金融法中的信息规则有着更为丰富的体系建构。金融具有天然的信息属性,信息流动亦无形中助推着风险扩散,信息与金融的内嵌和耦合要求金融法制在信息运动逻辑的基础上迈向新的变革路径,即通过信息赋能进行主体的培育,以防控风险为目的优化监管秩序,以及利用信息工具完善金融调控。     

信息产品责任研究

信息产品存在缺陷导致损害,其提供者是否应当承担类似于有体物产品责任的严格责任?这是一个值得研究的问题。尽管信息产品具备大规模生产、大批量流通等导致严格责任的属性,但对言论自由的威胁、对无限责任的担忧使得信息产品的严格责任目前只能在十分有限的范围内成立。事实性、应用型信息的作者应就产品存在的缺陷对受害人的损害承担过错责任,出版者、发行者应就产品存在的缺陷对受害人的损害承担严格责任。     

对意义的追问与心理学研究——兼论“第二次认知革命”的原则和结果

现代西方心理学在经过了行为主义、认知主义的描写后,正在接受一种新的描述方式."第二次认知革命"有可能使心理学向心理学是有关个体或者群体中的积极人的研究这一传统的、常识性观念回归.认知革命明确了一个真理,心理学应该成为对意义的心理研究.然而,在方法论上传承了行为主义的认知心理学,片面地将"意义制造"理解为"信息加工",追求心灵——"自然之镜"——中的"心理表象".话语观念的导入,使得处在语用平台上心理学家认为,语境、社会-语言的约定以及社会交换的模式,是构成意义的唯一决定因素.在这三描述方式中,对意义的理解和建构发挥着关键的作用.话语在心理现象中占有中心地位.这使我们认为,心灵是个动态的观点,植根于历史、政治、文化、社会和人际的语境之中.     

The Moderating Effect of Criminal Thinking on Certainty of Apprehension in Decisions to Engage in Antisocial Behavior: Replication and Extension

This study explored whether the rational (certainty of punishment) and nonrational (criminal thinking) aspects of antisocial decision‐making interact. A convenience sample of 319 undergraduates (106 men, 213 women) completed a measure of criminal thinking and responded to three fictional vignettes (i.e., cheating on a final examination in a class they were in jeopardy of failing, stealing $50 off a table in a dorm room, and selling marijuana for a friend) at three different levels of risk or certainty of apprehension (50%, 10%, and 1%). Results indicated that participants reported that they would be more likely to engage in antisocial behavior when the certainty of getting caught was low and the level of proactive (P) or reactive (R) criminal thinking was high. An interaction between certainty and criminal thinking was also observed in which the gap between lower and higher criminal thinking respondents grew as the probability of getting caught fell.     

Effects of pretrial juror bias,strength of evidence and deliberation process on juror decisions: new validity evidence of the Juror Bias Scale scores

This study examines the validity of the Juror Bias Scale scores in relation to the mock juror decisions reached in two real life homicide cases before and after the deliberation process. The judicial cases used varied in terms of the ambiguity of the evidence presented at both trials. The WLS methodology for statistical modelling of categorical data was used to analyse data. The findings indicated that the Juror Bias Scale scores successfully predict the verdicts and other related questions before and after deliberations in the case with ambiguous evidence. Furthermore, deliberations caused a generalisation effect on the pretrial juror bias in such a case, and enhanced the differences between defense-biased and prosecution-biased jurors in the verdicts delivered after deliberations. The implications of these findings are discussed in relation to the use of pretrial juror bias questionnaires in jury selection.     

Community,market, and state: Reflections on their potential for achieving economic justice

This paper investigates the potential of distinct societal decision-making and coordinating mechanisms as means of achieving economic justice. Within the enormous diversity of actual institutional arrangements that guide and shape whatever happens in economies, three overarching ideal types of mechanisms which separately or in combination enable mankind to cope with its economic challenge are discernible: communities, markets, and states. Each of these ideal types represents a different way in which economic decisions are made and the economic actions of members of society are coordinated. The specific question to be answered is how each of these mechanisms can contribute to the solution of the problem of economic justice in modern times.     

The impact of after‐school programs on the routine activities of middle‐school students: Results from a randomized,controlled trial*

Research Summary Unsupervised after‐school time for adolescents is a concern for parents and policymakers alike. Evidence linking unsupervised adolescent socializing to problem behavior outcomes heightens this concern among criminologists. Routine activities theory suggests that, when youth peer groups congregate away from adult authority, both opportunity for and motivation to engage in deviant acts increase. After‐school programs are a possible solution to unsupervised teen socializing during afternoon hours and are much in demand. However, empirical research has yet to test the relationship between the availability of after‐school programs and youth routine activities. This study presents evidence from a multisite, randomized, controlled trial of an after‐school program for middle‐school students in an urban school district. Policy Implications Youth in the treatment group engaged in less unsupervised socializing after school than youth in the control group but not as much less as would be expected if the after‐school program was providing consistent supervision to youth who would otherwise be unsupervised. Additional analyses examined why the influence of the after‐school program was not more pronounced. We found that, although program attendance was related to decreases in unsupervised socializing, the program did not attract many delinquency‐prone youths who were unsupervised, which suggests that the students most in need of the program did not benefit. Furthermore, data obtained from a mid‐year activity survey revealed that youth in the study were highly engaged in a variety of after‐school activities. The addition of the after‐school program into the mixture of available activities had little effect on the frequency with which students participated in organized activities after school.     

和谐秩序的关键何在——以陕西省西安市临潼区信访工作为观察点

区县是预防和解决基层信访问题的关键,因为区县是群众信访活动的集结点,也是信访性质转变的临界点。应加强区县信访组织的建设,关键是完善基层信访组织。新的形势要求信访工作人员专业化,手段信息化。应当转变对信访工作的看法,积极发现问题,将问题消灭在萌芽状态能产生更好的经济效益与社会影响。应当重视信息化手段的运用,信访信息平台在临潼区的使用取得了良好效果,使得信访总量有了明显的下降。     

路径依赖视角下中越两国权力监督改革比较

基于路径依赖的微观视角分析,中越两国在权力监督改革方面呈现出三个方面的异同。即,在正式规则方面,两国在改革的深层动力与实践取向上具有共同性,而在宪政制度、国家治理模式、法律规制等方面由于历史传统不同而表现出了差异性;在非正式规则方面,两国改革的共同障碍来源于权力崇拜与服从型政治文化的影响,而意识形态与文化信仰的差异则导致各色监督学说亲疏有别并使得两国权力监督改革表现出不同的变数;既得利益群体在体制变迁惯性推动力方面,其共同性表现为态度认知与风险成本使得内发式监督几无可能,而差异性则表现为由权力红利的积累速度、总量及对社会分配的影响而导致不同的改革难度与压力。从本质上看,中越两国权力监督改革能否成功,关键取决于执政党对改革是否保持有效的控制力。     

mtDNAprofiler: A Web Application for the Nomenclature and Comparison of Human Mitochondrial DNA Sequences,

Mitochondrial DNA (mtDNA) is a valuable tool in the fields of forensic, population, and medical genetics. However, recording and comparing mtDNA control region or entire genome sequences would be difficult if researchers are not familiar with mtDNA nomenclature conventions. Therefore, mtDNAprofiler, a Web application, was designed for the analysis and comparison of mtDNA sequences in a string format or as a list of mtDNA single‐nucleotide polymorphisms (mtSNPs). mtDNAprofiler which comprises four mtDNA sequence‐analysis tools (mtDNA nomenclature, mtDNA assembly, mtSNP conversion, and mtSNP concordance‐check) supports not only the accurate analysis of mtDNA sequences via an automated nomenclature function, but also consistent management of mtSNP data via direct comparison and validity‐check functions. Since mtDNAprofiler consists of four tools that are associated with key steps of mtDNA sequence analysis, mtDNAprofiler will be helpful for researchers working with mtDNA. mtDNAprofiler is freely available at http://mtprofiler.yonsei.ac.kr .     

The Recognition,and Res Judicata Effect,of a United States Class Actions Judgment in England: A Rebuttal of V ivendi

United States' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both American and foreign (i.e., non‐US‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in England, should absent English class members wish to re‐litigate the same grievance before an English court. Specifically, it is argued that two separate preconditions for such recognition and preclusive effect would fail, viz, a US court would usually lack the requisite ‘personal jurisdiction’ over absent English class members; and the necessary ‘identity of parties’ would be absent. The article seeks to anticipate the appropriate answer to a conundrum which is certain to arise for future English judicial consideration, whilst acknowledging the uneasy fit which currently exists between English private international law and multi‐jurisdictional class actions.