Seeing is believing: observer perceptions of trait trustworthiness predict perceptions of honesty in high-stakes emotional appeals

Instantaneous first impressions of facial trustworthiness influence the manner in which observers evaluate ensuing information about stranger targets [e.g. Porter, S., &; ten Brinke, L. (2009). Dangerous decisions: A theoretical framework for understanding how judges assess credibility in the courtroom. Legal and Criminological Psychology, 14, 119–134. doi:10.1348/135532508X281520]. In two studies, we examined the association between perceptions of general trustworthiness and honesty assessments in an extremely high-stakes sample – individuals publicly pleading for the return of a missing relative, half of whom had killed the missing individual. In Study 1, observers (N?=?131) provided trustworthiness ratings – either before or after viewing and evaluating the honesty of videotaped or audio-only pleas – for a still image that depicted a neutral expression on the face of each pleader. In Study 2, observers (N?=?220) evaluated the sincerity of audio pleas paired either with an untrustworthy-looking target, a trustworthy-looking target, or no target face. Collectively, our findings indicated that first impressions of trait trustworthiness form the basis of state judgments of honesty, potentially contributing to misguided credibility assessments and miscarriages of justice in the legal system.     

Self-Help, Policing, and Procedural Justice: Ghanaian Vigilantism and the Rule of Law

Public recourse to vigilante self-help has often been attributed to a lack of effective state intervention; less attention has been given to the character of this intervention. Using the Tylerian procedural justice perspective, I argue in this article that perceived procedural injustice contributes to increased public support for violent self-help mechanisms such as vigilante violence. The current study tests this theoretical argument using survey data of 374 residents of Accra, Ghana. The results show that age, education, and police trustworthiness were the most significant predictors of support for vigilante self-help. The impacts of procedural fairness were found to be embraced within police trustworthiness, but perceptions of police effectiveness and experience of police corruption were not statistically significant predictors of vigilante support.     

生态文明建设与环境法的正义追求

环境法产生和兴起于环境危机的时代,在法律领域承载着应对环境危机的历史使命。环境法的基本品格和历史使命决定了环境法成为保障和促进生态文明的首要法律部门。以生态文明为基本理念,根据生态文明建设的基本要求,环境法呈现出完全不同于传统法律部门的价值追求。作为环境法的核心价值,环境法的正义追求表现为多面的正义,包括代内正义、代际正义和人际正义。环境法的正义追求以实现人与自然的和谐共处为终极目的,这同时也是生态文明建设的题中之义。     

试论现代教育理念与人的全面发展

教育是人类社会向前发展、社会走向公平正义的阶梯,是促进社会和谐的重要手段之一。教育理念和教育水平决定着受教育对象的数量和质量,关系到一个国家的综合实力和国际竞争力。面对未来的各种机遇和挑战,培养积极进取、具有健康的身体和心理,勇于面对挫折、诚实守信的一代新人,既应该成为现代教育的目标和理念,也应该成为促进人的全面发展的必备条件。     

Parents' Reactions to Child Day Care Organizations: The Influence of Perceptions of Procedures and the Role of Organizations' Trustworthiness

On the basis of the uncertainty management model, we argue here that when people are uncertain about an organization's trustworthiness, they may resolve the question how they should react toward the organization by relying on their perceptions of the organization's procedures. As a consequence, we predicted that the reactions of parents whose child was in a day care center would be strongly influenced by their perceptions of the procedures used by the organization that was responsible for their children's day care when the parents would be uncertain about the organization's trustworthiness. However, when parents would be certain that the organization could be trusted they would be less in need of procedural information, yielding less strong effects of perceived procedure on parents' reactions. The findings of a survey study corroborate this line of reasoning. In the discussion it is argued that these findings suggest that people especially rely on their perceptions of procedures when they are uncertain about important aspects of their lives, such as the trustworthiness of organizations that are responsible for their children's day care.     

Plea decision-making: the influence of attorney expertise,trustworthiness, and recommendation

ABSTRACT

Attorney recommendations influence defendant plea decisions; and the degree of influence likely rests on the perceived trustworthiness and level of expertise of the attorney (factors of source credibility). We explored attorney source credibility factors and how these characteristics influence defendants’ plea decision-making. MTurk participants read a hypothetical plea scenario and were asked to imagine themselves as the defendant in a DWI/DUI case making a plea decision; in the scenario, we manipulated the defense attorney’s level of trustworthiness, expertise, and plea recommendation. There was a significant interaction between attorney recommendation and trustworthiness on defendants’ plea decisions; participants who were advised to accept the guilty plea were more likely to plead guilty when the attorney was high in trustworthiness compared to low in trustworthiness. Attorney trustworthiness did not affect plea decisions for defendants advised to reject the guilty plea. Importantly, attorney trustworthiness affected defendants’ decision to follow the attorney’s recommendation and ultimate plea decision (regardless of expertise), and attorney expertise affected defendants’ confidence in their decision (regardless of trustworthiness). Results suggest individual-level characteristics of defense attorneys affect the influence of the attorney and their recommendation, and ultimately defendants’ plea decision-making.     

Outsourcing,Discretion, and Administrative Justice: Exploring the Acceptability of Privatized Decision Making

This study explores what happens to administrative justice and to the acceptability of frontline decisions in privatized and marketized models of service. Through the case study of privatized welfare‐to‐work in Israel, it shows the fundamental tension between outsourced discretion and traditional conceptions of administrative justice in which the trustworthiness of decisions relies on the idea that decision makers have no personal interest in the outcome of their decisions. It finds that in the Israeli case, contractors' financial interests were widely perceived as putting their professionals into a conflict of interest, thereby undermining trust in their decisions. At the same time, the study finds the program's managerial performance mechanisms did not provide an alternative legitimacy argument for the acceptability of decisions. The study also analyzes the ways policy makers reconstructed the decision‐making systems to regain public acceptance of frontline decisions, while discussing both the potential and the limits of legitimizing outsourced discretion in such complex public services.     

Beyond retribution,restoration and procedural justice: the Big Two of communion and agency in victims’ perspectives on justice

Victims’ perspectives on justice in the aftermath of crime are a key victimological topic. The main justice concepts that have received scholarly victimological attention are retributive justice, value restoration and procedural justice. In this paper, we argue that the so-called Big Two framework – agency and communion – can further help us understand victims’ experiences with justice. Agency refers to a person striving for individuality, while communion refers to the participation of the individual in and connection with a group. According to the framework outlined in this paper, we argue that victimization by crime involves an impaired sense of agency and communion, and justice can be viewed as an attempt to repair both these dimensions. Retributive justice is a prominent means to repair agency, but other options to do so are also open to the victim. A similar observation can be made about value restoration with respect to communion. Acknowledging this can be of particular importance in cases where no offender is apprehended. As to procedural justice, the framework emphasizes the need to distinguish process participation as a means to re-establish agency from participation to re-establish communion with representatives of society.     

Procedural justice in policing: the first phase of an Australian longitudinal study of officer attitudes and intentions

Despite the prominent role that procedural justice has taken in policing research, we know surprisingly little about police perceptions of procedural justice as an effective tool in their encounters with members of the public. In this study, we start with a focus on the perceptions of police recruits in a major police service, exploring their perceptions of procedural justice and its role in policing. Using data from a questionnaire of 450 police recruits in the early stages of their initial training, we find that orientations supportive of procedural justice significantly predict reported intentions to use procedural justice approaches in interacting with others, as well as the prioritization of procedural justice responses to a typical policing encounter (traffic violation). We also find that belief in an obligation to obey the law is significantly associated with perceived procedural justice outcomes. We argue that early supportive orientations towards procedural justice may be important in understanding police officers’ future interactions with members of the public, promoting positive evaluations of justice among citizens, and minimizing the risk of coercive encounters involving officer use of force.     

“双规、双指”期间自书材料的证据法分析

自书材料是职务犯罪审理时常见的一种证据形式,但它作为诉讼证据的合法性不足,故在证据属性上应当把它界定为“准口供”。自书材料在使用时应当受到限制,不能随侦查卷宗一起不受限制地直入法庭,应以用作弹劾证据为原则。在满足真实性保障的前提下,自书材料可以用作实质证据,但任何时候不得用作补强证据。应当把刑讯、变相刑讯以及威胁、引诱、欺骗所取得的自书材料均界定为非法证据。但非法自书材料不能对后续的侦查口供产生波及效应,否则就意味着惩罚守法的侦查人员,有违排除规则之阻却违法的目的,也有以司法干预党纪之嫌。     

Social Inequality and the Perceived Income Justice Gap

This paper attempts to answer the question whether justice evaluations of income inequality in a society are determined more by country differences or by the social position an observer occupies. In very general terms what we study is whether, in shaping justice beliefs, cultural factors are more important than social-structural ones, or vice versa. In view of transformation societies, country differences are conflated with differences in the transformation processes the countries are experiencing. This is why we distinguish different types of transmations with regard to the postcommunist countries of Eastern and Central Europe testing empirically whether these transformation types exert influence on the justice beliefs, and how this influence compares to that of positional effects. With International Social Justice Project (ISJP) data of 1991 and 1996, we study the Czech Republic, Hungary, Russia, Bulgaria, East Germany, and—as a western referent society—West Germany. Main results are that in the early phase of transformation the different transformation types as well as social positions matter in shaping justice evaluations, over time, however, the types of transformation clearly lose influence. In 1996, compared to 5 years earlier, the countries have become similar in that most of the variation in the perception of the income justice must now be attributed to the positional differences of individuals. We conclude that the characteristics of the transformation processes decrease in importance for determining public views about social justice. In this respect, the transformation societies of Eastern and Central Europe may well be on the route to becoming more like western societies.     

The (Limited) Space for Justice in Social Animals

While differentialists deny that non-linguistic animals can have a sense of justice, assimilationists credit some animals with such an advanced moral attitude. We approach this debate from a philosophical perspective. First, we outline the history of the notion of justice in philosophy and how various facets of that notion play a role in contemporary empirical investigations of justice among humans. On this basis, we develop a scheme for the elements of justice-relevant situations and for criteria of justice that should be fruitful in studying both humans and animals. Furthermore, we investigate the conceptual connections between a sense of justice, on the one hand, and various other mental powers, on the other, and indicate which of the latter may be beyond the ken of animals. Next, we consider recent empirical research on justice-related phenomena in animals. We argue for an intermediate position: While animals can at least in principle satisfy some preconditions of justice (intentional action, rule-following), others are problematic, notably possessing a notion of desert. A space for justice in social animals exists, yet it is rather limited compared to the rich cultures of justice in humans. Finally, we reflect on some actual or alleged implications of research on animal justice. As regards justice in humans, one should avoid a simplistic image of ??natural justice?? as boiling down to equal allocation of goods. As regards justice for animals, one should be weary of the contractualist assumption that only those capable of justice themselves are deserving of ??just?? treatment.     

A further look at long cycles and criminal justice legislation

This article builds on the work of Barlow and Barlow, who use models based on the long economic cycle as a theoretical and empirical means for reorientating examinations of criminal justice trends. Empirically, using factor-analytic and multivariate logistic and OLS procedures, we find some support for long-cycle-model interpretations of trends in federal criminal justice legislation. Equally important, we find no support for a connection between federal criminal justice legislative trends and levels of crime. Our analysis suggests that economic processes exist independent of economic long cycles and crime trends, and that these also should be considered in discussing trends in crime control. In conclusion, we argue that alternative economically situated, contextualized models which look beyond the crimejustice nexus are needed if criminal justice theory and research are to be revitalized.     

Personal and Political Reconciliation in Post-Genocide Rwanda

The majority of scholarly research on Rwanda currently focuses on determining the causes of and participation in the genocide. In this paper, we explore a variety of questions that have come to the forefront in post-genocide Rwanda. In particular, we are concerned with the prospects for peace and justice in the aftermath of the gross abuses of human rights that occurred and, to that end, we consider the potential uses and limits of restorative justice initiatives in the process of healing and reconciliation in Rwanda. We argue that restorative justice initiatives have moved the country closer toward reconciliation than retributive measures, such as the International Criminal Tribunal for Rwanda. That said, we also suggest that the Rwandan government, despite claims that it seeks to achieve reconciliation, has not shown a serious commitment to healing the wounds that persist between either individual Rwandans or the groups that they comprise. In the end, then, we make a case for the importance of pairing a comprehensive search for justice in Rwanda with a commitment to truth-telling and accountability by the victims and perpetrators of the genocide, as well as by current government officials.     

法律现实主义与转型社会刑事司法

我国社会正处于转型期,各种社会矛盾凸显,刑事司法面临着新的挑战。西方的法律现实主义能为我国转型期刑事司法提供可资借鉴的方法论和改革思路。法律现实主义运动在批评形式主义与三段论式审判的基础上,把法律看作具有多重目标的社会引擎,关注司法行为、纠纷解决与社会问题。在中国语境下,引入法律现实主义,不是要简单地否定形式主义,而是应理性对待形式主义并在其中融入客观主义;应在刑事司法裁判中适用利益权衡,重视经验归纳而不拘泥于简单的演绎推理;应以实现社会正义为核心,构建合理衔接的多元纠纷解决机制。     

司法机关依法独立行使职权研究

我国的司法机关依法独立行使职权原则强调法院整体的独立性,实践中依法独立行使职权原则异化为司法的地方化以及司法的行政化。在司法改革的背景下,应当把握改革契机,推动司法机关依法独立行使职权。在我国,应当淡化司法独立的政治色彩,构建以依法独立行使职权为核心的司法独立,并排斥案外因素的影响,以司法的法律效果为根本追求。依法独立行使职权原则要处理好与党的领导的关系。为了确保独立司法,还必须结合司法改革的社会背景,从内、外两个方面统筹协调,整体推进司法机关依法独立行使职权。     

PSJ & I and Integrated Justice

Information technology is changing the way we live and work. Government is not immune to this technology revolution. Emerging information technology now affords justice agencies the opportunity to work together in one integrated justice system. From dispatch and patrol, to arrest and booking, through the identification process and on into the courts, technology is allowing all segments of the justice community to work more efficiently and to work with both more information as well as more accurate information. IBM Corporation's Public Safety, Justice & Identification organization is playing an important role in assisting justice agencies in applying this new technology.In justice agencies around the world,computer aided dispatch and related systems allow more police officers to be where needed more rapidly. Mobile data systems for officers in the field allow them to gather and process information more quickly and accurately, and be back on patrol and available for another call more rapidly. Automated arrest and booking systems free up patrol officers more quickly so they can be back on patrol. These systemsalso allow the arrested person to be processed through the jail system more rapidly, by fewer people. In the courts, electronic case files, automatic document generation, automated scheduling and sophisticated programs for tracking court operations all mean more work can be accomplished faster, with greater accuracy and efficiency, without increased personnel. Most justice agencies today act as independent, yet interdependent entities. Their primary mode of communication is paper. Advances in information technology, together with the adoption of common technical standards and common business definitions, is now allowing justice agencies to integrate their operations by electronically sharing important information. It is through this integration process that justice agencies are making the term, 'justice system' a reality.     

Interpersonal Aspects of Justice in Relationships Between Consumers and Service Providers: A Confirmatory Factor Analysis

There is a controversy in the justice literature as to whether interpersonal aspects of justice are best represented as one construct (interactional justice) or two (interpersonal justice and informational justice). Using confirmatory factor analysis, we tested competing models of these constructs on a sample of healthcare consumers (n = 1919) with respect to their justice judgments of primary care physicians. We found that the single factor model (interactional justice) represented a better fit to the data. Our results do not necessarily contradict those of prior studies that have found a better fit for a bi-dimensional model in organizational settings, however. Instead, we are suggesting a contingency approach: the results may be due in part to the halo effect, which may manifest itself where consumers are unfamiliar with the service provider and with the complexities of that person’s role.     

论刑事法的历史分析

历史分析，作为法学重要的研究方法之一，对于刑事法研究具有积极意义。对中国当代刑事法进行历史分析，并非去发现所谓的“民族精神”，而是寻找刑事法律制度得以形成的脉络，以及在法制演进中的政治、经济和文化因素。在刑事法学研究中运用这种分析方法，具体表现为历史比较研究、历史的社会研究以及历史的价值研究。对中国刑事法发展作历史研究，应区分不同时代，并有目的性地进行研究，进而挖掘其中可为当代刑事法发展利用的有益因素。