Factors affecting simulated jurors' decisions in capital cases

Abstract

Previous psycho-legal research has claimed that the process of selecting death-qualified jurors for capital cases creates conviction-prone juries. The studies on which these claims are based have employed simulation methodologies to examine the relationship between subjects' death-penalty attitudes and verdict decisions, as well as the effect of the death-qualifying voir dire itself. Despite admitted weaknesses of simulations in general, this method was employed in the present research so that conceptual comparisons to past findings could be drawn. Two experiments were designed to examine the issue of death-qualification and biased juries in a context of other potentially highly influential factors, namely, the strength of evidence and the degree of heinousness. Our results failed to find any of the relationships between death-penalty attitudes and verdict decisions that would be predicted from past research. Instead, the subjects' decisions were influenced, virtually exclusively, by the strength of the evidence presented in the case, as is legally prescribed. In the light of these findings, the discussion focused on the questions of reliability and external validity of simulation research, the potential problems caused by method-specific factors in determining the outcome of such methodology, the attitude-behavior link, and the danger of premature and un-warranted application to the legal system of findings from simulations.     

放火罪的处罚根据

放火罪的保护法益是公共安全。行为人烧毁自己财物本身并不违法,行为人烧毁自己财物构成放火罪的处罚根据在于这种行为危及公共安全,因此,公共安全应当解释为是一种构成要件要素。即便放火后达到独立燃烧的程度,还不能说发生了财产侵害,因此,通说有过于强调危及公共安全而忽视放火罪所具有的毁弃、损坏罪的一面。独立燃烧说将会导致放火罪的既遂时点提前而几乎没有成立未遂犯和中止犯的余地的后果。     

论自首制度及其正义根据

本文介绍了代表封建法律最高成就的唐律对自首的认定、分类、甄别和处罚,分析了我国现行刑法及有关司法解释对自首的规定,从追求社会的公正与平等,促进司法效率等问题入手,论述了自首制度符合社会正义。     

论以人为本的理论基础

以人为本的科学发展观是统领经济社会发展全局的指导性战略,以人为本的"人"从外延看指人人,主体上是人民;以人为本的"本"是根本,是世界观、价值观和历史观的统一。以人为本以马克思主义的人本主义,特别是它的中国化即在中国的发展与创新为理论基础。马克思的人本主义主要体现在马克思在大学期间的人本主义思想以及马克思对费尔巴哈人本主义思想的接受、批判和超越,其内容十分丰富,主要包括人的本质理论、异化理论、人与法的理论等方面。毛泽东、邓小平、以江泽民为核心的第三代中央领导集体、以胡锦涛总书记为核心的第四代中央领导集体不断继承、发展和创新了马克思主义的人本主义思想,从而使以人为本具有坚实的理论基础。     

The Economics of the Grounds for Divorce in Great Britain

Despite similarities in their socio-economic environments and the provision of identical legal grounds for divorce, England & Wales is dominated by fault divorce decrees whereas no-fault divorce dominates in Scotland. Indeed, during the past fifteen years, the shares of fault and no-fault divorce have increasingly diverged across these two regions. The paper proposes an explanation for this remarkable contrast based on cost incentives generated by procedural and legal interventions within the respective legal systems. In particular, the introduction of the Simplified Procedure in Scotland and the reduction in the time bar to divorce in England & Wales are key causal factors.     

An empirical examination of commutations and executions in post-Furman capital cases

A review of the literature on capital punishment reveals evidence that the death penalty was imposed capriciously in the past. Previous research on executive clemency in capital cases revealed similar forces in operation. In the voluminous literature surrounding capital punishment, however, relatively little contemporary empirical work focuses directly on the characteristics of the final clemency decision to commute or execute, especially post-Furman. In this paper I explore some of these elements and find that several extralegal factors, possibly including political motivation, still may play a role in this highly discretionary decision-making process.     

Forensic-medical obstetric-gynecological examinations in cases on professional delinquency of medical personnel

We studied the trend in the number of forensic-medical examinations in trials against obstetricians and gynecologists conducted in Primorsky Region in 1997-2005. Most typical defects in obstetric-gynecological care are characterized. These cases are analysed in terms of forensic-medical practice. Detection and forensic-medical analysis of the above defects contribute to optimization of the diagnosis and treatment both in obstetric-gynecological practice and in wide medical practice.     

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.     

Accommodating death penalty legislation: Personal and professional views of assistant district attorneys toward capital punishment

Reinstatement of the death penalty in New York in 1995 forced an entire generation of prosecutors to confront capital punishment for the first time in their professional capacities. A total of 191 assistant district attorneys (ADAs) from 44 of New York’s 62 county prosecutors’ offices responded to a written survey. The results show ADAs hold widely divergent views about capital punishments, although most respondents fail to recognize their colleagues maintain differing viewpoints. The return of the death penalty appears to have both personal and professional implications for New York ADAs, and has precipitated potentially significant changes in their work environments.     

They know not what they do: Unguided and misguided discretion in Pennsylvania capital cases

Interviews with capital jurors demonstrate that jurors base their decisions on incorrect assumptions regarding the early release of defendants, decide the punishment prematurely, and fail to understand jury instructions. The 74 interviews from the Pennsylvania portion of the Capital Jury Project add insights into the cumulative and relative impact of these three problems with jurors' decision making. Every juror demonstrated at least one of these shortcomings. Underestimating the length of a life sentence was related to considering death the only acceptable punishment and prematurely deciding on death, and the most strongly related to voting for death.     

论医生的专家责任

本文从医生专家责任的含义、性质、构成、分类及特殊情形下的减免等方面入手，全面分析了医生的专家责任，并对如何构建医生专家责任的制度提出了建议。     

论医生的专家责任

本文从医生专家责任的含义、性质、构成、分类及特殊情形下的减免等方面入手 ,全面分析了医生的专家责任 ,并对如何构建医生专家责任的制度提出了建议。