You're OK,I'm OK: The Self-Presentation of Affective Reactions to Deprivation

Two experiments compared public and private reports of affective reactions to deprivation. In Experiment 1, participants completed a questionnaire concerning their resentment about poor marks in a course; they had previously been led to believe that another participant was either angry or not angry about his/her marks. Participants' ratings of resentment were more affected by the other participant's alleged emotions in a public than in a private reporting condition. In Experiment 2, employed adults completed a questionnaire concerning their affective reactions to the lack of day care facilities available for working parents; they had previously been led to believe that the experimenter was either upset or not upset about the facilities. When respondents' answers were public, their ratings of resentment were affected by the experimenter's alleged emotions, whereas under conditions of private responding, there was no effect of the experimenter's alleged emotions. Taken together, these experiments provide initial evidence that self-presentation motives can influence reports of affective reactions to deprivation. In particular, our data show that self-presentation can induce a matching strategy whereby public expressions of resentment mirror the expressions of salient others. Two experiments compared public and private reports of affective reactions to deprivation. In Experiment 1, participants completed a questionnaire concerning their resentment about poor marks in a course; they had previously been led to believe that another participant was either angry or not angry about his/her marks. Participants' ratings of resentment were more affected by the other participant's alleged emotions in a public than in a private reporting condition. In Experiment 2, employed adults completed a questionnaire concerning their affective reactions to the lack of day care facilities available for working parents; they had previously been led to believe that the experimenter was either upset or not upset about the facilities. When respondents' answers were public, their ratings of resentment were affected by the experimenter's alleged emotions, whereas under conditions of private responding, there was no effect of the experimenter's alleged emotions. Taken together, these experiments provide initial evidence that self-presentation motives can influence reports of affective reactions to deprivation. In particular, our data show that self-presentation can induce a matching strategy whereby public expressions of resentment mirror the expressions of salient others.     

Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair Labelling

Crimes come in all shapes and sizes, but relatively little work has been done on offence structure – Robinson's recent functional analysis is perhaps the one obvious exception. This article concentrates on incidents of multiple wrongdoing and suggests that the current substantive law is both inconsistent and confusing. Burglary, for example, is unnecessarily narrowly defined and should be expanded to include broadly similar scenarios. The law is confusing because it conflates qualitatively very different incidents under the same umbrella – serial killers, for example, commit the same crimes as those who kill multiple victims by one act. Not only does the law fly in the face of common sense but it conflicts with the principle of fair labelling – that crimes be defined to reflect their wrongfulness and severity – which seeks to fulfil some important functions in the criminal justice system.     

Strength of Evidence,Extraevidentiary Influence,and the Liberation Hypothesis: Data from the Field

To examine relationships between strength of evidence (SOE) and extraevidentiary variables in the context of Kalven and Zeisel’s (The American Jury, 1966) liberation hypothesis, post-trial questionnaire data were collected from judges, attorneys, and jurors associated with 179 criminal jury trials. SOE ratings were strongly correlated with jury verdicts on the three most serious charges against the defendant, and several extraevidentiary variables (i.e., pretrial publicity, trial complexity, charge severity, and foreperson demographics) were moderately correlated with verdicts. Extraevidentiary-verdict relationships remained significant when SOE was controlled, although extraevidentiary variables yielded only modest improvement in classification accuracy beyond SOE. In partial support of the liberation hypothesis, several case-related extraevidentiary variables were significantly related to jury verdicts only when the prosecution’s evidence was rated as moderately strong.     

Firing Back at the Backfire Effect: The Influence of Mortality Salience and Nullification Beliefs on Reactions to Inadmissible Evidence

Two studies were conducted to explore psychological factors that contribute to the influence of inadmissible evidence (i.e., the backfire effect) on jurors' verdicts. On the basis of hypotheses derived from terror management theory, we predicted that reminders of mortality, in contrast to an aversive control topic, should lead participants to be less punitive when confronted with inadmissible (as opposed to admissible) evidence, when participants were either situationally induced or dispositionally prone to follow their personal sense of justice. In Study 1, control participants who scored high on a measure of nullification beliefs, and thus were prone to relying on their own sense of justice rather than the law, exhibited the backfire effect. However, reminding participants of their mortality reduced the damaging influence of inadmissible evidence. Study 2 extended these findings by showing parallel effects with a manipulation of nullification proneness via judicial instructions. The implications of these factors on the judicial process are discussed.     

量刑与定罪互动论:为了量刑公正可变换罪名

现行刑法理论中定罪与量刑的关系被扭曲了,刑法理论把准确定罪置于至高无上的地位,司法机关把大量精力耗费于准确判断罪名,定罪决定量刑、量刑不可能影响罪名成为刑法公理。但是,判断罪名意义上的定罪,并非刑法的目的;对被告人和社会最有意义的是量刑,判断罪名只是为公正量刑服务的;因此,如果常规判断的罪名会使量刑失当,就可以为了公正量刑而适度变换罪名。     

Emotional Reactions to and Support for Immigrant Policies: Attributed Responsibilities to Categories of Asylum Seekers

Dutch participants were asked about their support for immigrant policies aimed at public assistance, opportunities, and rights for asylum seekers. In two studies, the degree of support was examined as a consequence of feelings of anger and sympathy toward asylum seekers. In the first study, both emotions were independently related to support for immigrant policies. Anger had a strong negative effect and sympathy a positive one. In the second experimental study, the effects of these emotional responses on support for immigrant policies were examined for two categories of asylum seekers: political refugees who have little choice but to migrate and so called economic refugees who themselves chose to migrate. These two categories feature in public debates and differ in the perceived responsibility of asylum seekers for leaving their home country. It was found that for political refugees only feelings of sympathy affected policy support, whereas for economic refugees only feelings of anger predicted policy support. In both studies, national identification was negatively related to support for immigrant policies and it did not moderate the effects of anger and sympathy. There was some evidence that anger mediated the relationship between national identification and policy support.     

寻找失去的平衡——论合理使用制度在计算机软件上的适用

新《计算机软件保护条例》对合理使用制度的适用范围进行了进一步修改,而结果却使社会公众的利益面临更大的挑战。本文旨在以知识产权法的基本原理为基础,以利益平衡为出发点,并适当运用经济学的分析方法,解读现有合理使用制度的不足,并提出立法建议。     

非法证据排除程序再讨论

对于被告方提出的排除非法证据的申请,法院要进行专门的程序性裁判。作为一项基本原则,被告方一旦提出排除非法证据的申请,法院就要优先审查侦查行为的合法性问题,使程序性裁判具有优先于实体性裁判的效力。作为程序性裁判的两个重要部分,初步审查要求被告方承担初步的证明责任,具有过滤不必要的程序性裁判的功能;正式调查作为法院的程序性听证程序,具备基本的诉讼构造,偏重于职权主义的诉讼模式,并由公诉方承担证明侦查行为合法性的责任,且要达到最高的证明标准。对于一审法院就非法证据排除问题所作的决定,二审法院无法提供独立的司法救济,只能将其与实体问题一并作为是否撤销原判的依据。     

书证搜集裁判:模式比较与本土改造

引入两大法系共通的书证搜集裁判,有利于解决我国当事人提交书证能力不足的现实问题。在裁判模式上,大陆法系和美国在基本问题上达成共识,其书证搜集裁判的适用范围大致相似,并且裁判本身都在解决纠纷过程中发挥决定作用。在裁判效果上,妨碍书证搜集的一方应当在不同情况下分别于证据、事实、请求和程序层面承担不利后果。从现有制度出发,法院依申请取证制度应当引入比较法上书证类型的共识并且区分法官的裁判义务事项和自由裁量事项,同时从条件和过程两方面控制法官的裁量权,强调以裁判的形式加以保障。我国《证据规定》第75条正是书证搜集裁判的现行法基础,有必要重塑和细化其规范要件,并且建构层次清晰的裁判效果体系。     

On the Need to Study Processes of Taking Minutes from Case Hearings: Contribution to and Call for Future Research

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This paper’s aim is to promote greater interest in courtroom practices of...     

The Intersection of Crime Seriousness,Discretion, and Race: A Test of the Liberation Hypothesis

Spohn and Cederblom’s interpretation of the liberation hypothesis asserts that with trivial crimes, judges are “liberated” to consider extra-legal attributes such as race when making sentencing decisions. The current study posits that this perspective may be too theoretically simplistic because it fails to distinguish between the concepts of discretion and uncertainty. In light of this argument, we examine the sentencing decisions of felony cases in the Florida circuit courts. Results indicate that blacks and Hispanics are more likely to be imprisoned than whites, and males more so than females. Contrary to expectations, this disparity increases with crime seriousness. Consistent with the imprisonment model, blacks and males receive longer sentences and the effect increases with case seriousness. We found no evidence that the effect of offender extra-legal attributes depends upon the characteristics of the judges handling the cases. Suggestions for future research and implications for the liberation hypothesis are discussed.     

The Effect of Distributive Justice on Willingness to Pay for Municipality Child Care: An Extension of the GEF Hypothesis

Public-goods dilemmas are characterized by conflicts between self-interest and the welfare of a group or society at large. Research has identified several factors that enhance cooperation in such dilemmas. However, less is known about how concern for distributive justice affects willingness to contribute in asymmetric public-goods dilemmas. To test the hypothesis that contributions to a common resource is related to perceived fairness, experiments were performed to investigate willingness to pay to the social service of child care in hypothetical societies. Experiment 1 aimed at replicating a previous survey study (Biel et al., 1997). Experiments 2 and 3 were extensions. In all three experiments subjects were asked to indicate how fair they considered different distributions of the quality of child care provided by their municipality. These distributions corresponded to the principles of equality, equity, and need. University students (32, 48, and 32 in the three experiments, respectively) served as subjects. Ratings of perceived fairness were positively related to willingness to pay. Other factors also positively related to willingness to pay included ability to pay, personal need, expected payment from others, and the number of households who had to contribute in order to maintain the quality. Furthermore, decreasing municipality size increased willingness to pay.     

The Impact on Juror Verdicts of Judicial Instruction to Disregard Inadmissible Evidence: A Meta-Analysis

The effect on juror verdicts of judicial instructions to disregard inadmissible evidence was evaluated using meta-analysis. One hundred seventy-five hypothesis tests from 48 studies with a combined 8,474 participants were examined. Results revealed that inadmissible evidence (IE) has a reliable effect on verdicts consistent with the content of the IE. Judicial instruction to ignore the inadmissible evidence does not effectively eliminate IE impact. However, if judges provide a rationale for a ruling of inadmissibility, juror compliance may be increased. Contested evidence ruled admissible accentuates that information, resulting in a significant impact on verdicts. Suggestions for how the courts may mitigate the impact of inadmissible evidence more effectively are discussed.     

Missing in Amazonian Jungle: A Case Report of Skeletal Evidence for Dismemberment*

Abstract: This case study presents the results of the recovery and analysis of three sets of disarticulated and incomplete human remains found in Ecuador, within the Amazonian jungle. Recovered body parts sustained extensive sharp force trauma situated on different aspect of the skeleton. The anthropological examination (bone reassembly, biological profile) was followed by a detailed analysis of cut marks, including a basic experimental study on pig bones to demonstrate that dismemberment may have occurred within a certain amount of time after death. Despite the location (deep into the Amazonian jungle) and the perpetrator’s actions (dismemberment and dispersion of body parts in a river), forensic work both on the field and in laboratory allowed identification of the victims and the reconstruction of the sequence of events.     

Altruism Born of Suffering and Prosocial Behavior Following Adverse Life Events: A Review and Conceptualization

This paper introduces the concept of “altruism born of suffering,” and provides a review and integration of relevant research and theories from various disciplines. In contrast to the well-supported notion that prosocial behavior is rooted in positive experiences, whereas violence and adversity often contribute to further violence and antisocial behavior, it is proposed that suffering may actually enhance the motivation to help other disadvantaged members of society, including outgroups. A motivational process model is presented that includes a typology of altruism born of suffering, integrates clinical and social psychological perspectives on underlying processes, and proposes potential mediators and moderators. Relevant empirical studies are reviewed that provide initial support for this model. A particular emphasis is placed on victims of group-based violence, and implications for intergroup relations and social justice.

A Comparison of Domestic and Non-Domestic Homicides: Further Evidence for Distinct Dynamics and Heterogeneity of Domestic Homicide Perpetrators

To facilitate a deeper understanding of domestic homicide (DH), the correctional files of 37 male DH perpetrators were examined. Victim, perpetrator and offense characteristics were compared against those from 78 non-domestic homicide perpetrator files to elucidate distinct dynamics. Risk factors preceding DHs were identified retrospectively using the revised Danger Assessment (DA; Campbell et al. 2009), and the role of psychopathy was explored via the Psychopathy Checklist-Revised (Hare 2003). DHs exhibited distinctive dynamics, especially in terms of perpetrators’ predominant drives to inflict harm out of proprietary revenge. Most DHs did not occur “out of the blue”, as 82.9 % of cases showed elements of planning; and 86.5 % were identified as a homicide risk according to the revised DA. Psychopathic DH perpetrators were less likely to act suicidal prior to homicides and more likely to kill in a dispassionate, premeditated and gratuitously violent manner. The findings underscore the importance of coordinated community responses.     

Perceptions of Legitimacy: The Sex of the Legal Messenger and Reactions to Sexual Harassment Training

Research shows that exposure to sexual harassment policy sometimes activates traditional gender stereotypes. This article examines whether the sex of the legal messenger moderates reactions to the enforcement of sexual harassment laws. We employ a 2 × 2 experimental design in which we measure the effect of a sexual harassment policy intervention on male participants’ gender beliefs. The design varies whether the person communicating the policy information is male or female. We find that female policy trainers activate implicit gender stereotypes, but explicit gender egalitarian beliefs. Other than improving men's perceptions of women's considerateness, the policy has little effect on beliefs in the conditions with a male trainer. These results suggest that the effect of law on social change is contingent on characteristics of the legal messengers. Findings contribute to our understanding of gender inequality and legitimacy processes and have practical implications for implementing effective policy.