Kentuckian’s Attitudes on Capital Punishment, 1989–2016

Citizens’ attitudes toward the death penalty have been effected by the availability of life without parole (LWOP). Our analysis focuses upon data from a representative sample of Kentuckians on death penalty attitudes. The factors influencing and related to death penalty support and compared to support for LWOP are considered along with a review of Kentucky survey findings from 1989–2016. The results reveal consistent support for LWOP over the death penalty. Male Kentucky residents with a college education were most likely to support life without parole over capital punishment while male conservatives did not.     

Bennett’s Expressive Justification of Punishment

In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to establish the following claims: (1) punishment is the only symbolically adequate response to a wrongdoing; and (2) punishment is permissible if it is the only symbolically adequate response to a wrongdoing.     

In Defense of Kant’s League of States

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states.     

Intergenerational Transmission of Parental Corporal Punishment in China: The Moderating Role of Spouse’s Corporal Punishment

Intergenerational patterns in the transmission of parental corporal punishment and the moderating effects of the spouses’ use of discipline on these patterns in China were examined. A total of 761 father-mother dyads reported on their experience of corporal punishment in childhood and their current use of discipline toward children. Results indicated that corporal punishment was transmitted across generations in China, and the strength of transmission was stronger for mild corporal punishment than for severe corporal punishment. Moreover, fathers’ corporal punishment moderated the transmission of the mothers’ discipline, but the moderating impact of mothers on the fathers’ discipline was absent. These findings suggest that the intergenerational transmission of corporal punishment differs according to severity and is moderated by the spouses’ discipline.     

Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment

In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened.     

Causing the Conditions of One’s Defense: A Theoretical Non-problem

My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T₂ but culpable at T₁, and that a nonculpable act at T₂ has no bearing on whether an actor was culpable at T₁ when he caused the circumstances that are exculpatory with respect to his act (or conduct) at T₂. Moreover, as I interpret the Model Penal Code, it gets matters close to right on this point.     

Victor’s Justice: The Next Best Moral Theory of Criminal Punishment?

In this essay, I address one methodological aspect of Victor Tadros’s The Ends of Harm – namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment.     

Mothers’ Attitudes Toward Corporal Punishment of Children in Qazvin-Iran

The aim of this study was to assess mothers’ attitudes toward Corporal Punishment (CP) of children in Iran. A qualitative study was carried out using focus group discussions. Five sessions were held among 42 participants (30 mothers and 12 caregivers). Results indicated that 80% of participants used CP to bring up their children; 70 % did not know the meaning, predisposing factors, and manifestations of child abuse, and more than 50 % did not know the complications resulting from CP and the ways of preventing. Their attitude toward CP was that the use of CP was sometimes necessary to bring up their children while their information about predisposing factors and complications of child abuse might be minimal. The findings have been used in providing an educational package with the topics of parenting skills in order to decrease child abuse that has been resulted by parents.     

What Do Panel Studies Tell Us About a Deterrent Effect of Capital Punishment? A Critique of the Literature

Objectives

We provide a critical review of empirical research on the deterrent effect of capital punishment that makes use of state and, in some instances, county-level, panel data.

Methods

We present the underlying behavioral model that presumably informs the specification of panel data regressions, outline the typical model specification employed, discuss current norms regarding “best-practice” in the analysis of panel data, and engage in a critical review.

Results

The connection between the theoretical reasoning underlying general deterrence and the regression models typically specified in this literature is tenuous. Many of the papers purporting to find strong effects of the death penalty on state-level murder rates suffer from basic methodological problems: weak instruments, questionable exclusion restrictions, failure to control for obvious factors, and incorrect calculation of standard errors which in turn has led to faulty statistical inference. The lack of variation in the key underlying explanatory variables and the heavy influence exerted by a few observations in state panel data regressions is a fundamental problem for all panel data studies of this question, leading to overwhelming model uncertainty.

Conclusions

We find the recent panel literature on whether there is a deterrent effect of the death penalty to be inconclusive as a whole, and in many cases uninformative. Moreover, we do not see additional methodological tools that are likely to overcome the multiple challenges that face researchers in this domain, including the weak informativeness of the data, a lack of theory on the mechanisms involved, and the likely presence of unobserved confounders.     

Dealing with the Aftermath of Japan’s Triple Disaster: Building Social Capital Through Crime Prevention

After the earthquake, tsunami, and nuclear disaster that struck Japan in March 2011, overall rates of reported crime, already low in international comparative terms, went further down. A relative absence of crime was accompanied, however, by a great awareness of the possibility of crime—as illustrated by emergency policies and numerous crime prevention initiatives and activities by both the police and groups of (local) volunteers. This article will show that the large scale and persistence of crime prevention campaigns and activities can be understood against the background of more general, persistent preoccupations with, and concerns about crime. Based on statistics, media reports, and interviews with (former) inhabitants of the struck Tōhoku area as well as members of NGO’s, it will furthermore show that crime prevention activities, that up until now have received hardly any scholarly attention, were purposely employed to strengthen community ties, as well as to bring about ties between members of communities torn apart by the disasters. Focusing on crime and crime prevention activities after March 11, 2011 in Miyagi prefecture and specifically the town of Ishinomaki, this article will show that amidst overwhelming loss and uncertainty crime constituted and constitutes an opportunity for the (re-)building of social capital.     

Offender’s Personal Circumstances and Punishment: Toward a More Refined Model for the Explanation of Sentencing Disparities

Prior research suggests that offender sex, age, and race are often influential determinants of sentencing outcomes. According to focal concerns theory, they affect sentencing because—due to limited time and information—judges rely on stereotypical behavioral expectations when assessing offender blameworthiness and dangerousness. As such, extralegal offender characteristics may serve as proxies for more specific risk indicators. Whether more complete information on additional risk factors helps account for the effects of extralegal characteristics, however, remains an untested assumption. Therefore, this study analyzes the Dutch data on standardized pre-sentencing reports to examine the influence of personal circumstances of the offender, such as employment, family, and drug use factors, on the likelihood and length of incarceration. The results suggest that personal circumstances exert inconsistent influence over sentencing outcomes and that they fail to significantly mitigate the direct effects of sex and age, but do mitigate the effects of national origin.     

Speaking the City: Punishment,Performance and the Perception of London’s Public Space 1780--1840

The paper contends that in order to understand the role of punishment within the Georgian city we must challenge our own perceptions of space. A key difference I suggest between the Georgian and the modern city was that in the former most of the city space had yet to become functionally specialised. The competing demands placed upon it had not yet been, in the main, resolved by municipal authorities; since they were not, as yet, inclined to think in terms of functional efficiency. Consequently, punishment existed as but one activity, embedded within a general culture of public performance. Execution in particular, depended for its efficacy upon the creation of intense nodes of experience within the realm of the ordinary and found its place within a wider system of communication between the orders based upon the notional equality of violence. It was then, owned by the public in a way that was soon to be repudiated. That repudiation was, I suggest, inextricably connected with a reformation of urban space, which was in part motivated by the challenge to public order posed by popular radicalism and which was substantially driven by the application of principles of subjugation and manipulation derived from liturgy and religious practice. It was, I suggest, the subjugation of public space and the suppression of popular performance that in turn necessitated the re-conceptualisation of one of its elements, that is to say, punishment. Punishment was re-conceptualised by disenfranchising those who had formerly owned it in return for the offer of a new, but largely fictitious, form of social ownership of public space.     

A Review of Sex Disparities in the “Key Players” of the Capital Punishment Process: From Defendants to Jurors

Extralegal disparities between defendants sentenced to the death penalty and those who receive life without parole disturb even the most resolute advocates of capital punishment. Extensive bodies of research document extralegal factors influencing death penalty outcomes. Although studies largely focus on race and ethnicity, a growing body of research considers the impact of sex on the capital sentencing process. This paper reviews the extant research on the impact of the sex of the victim, defendant, attorney, juror, and judge on capital case outcomes. Women’s scarcity on death row and a previously documented “female victim effect” condemning male defendants who kill female victims, particularly for those committing crimes of sexual degradation, suggests that death row policies and their implementation chivalrously protect female defendants and victims. Conversely, a limited amount of research documents a “domestic discount,” or greater leniency for death-eligible crimes commonly victimizing women than for those victimizing acquaintances or strangers. Although opinion polls document greater support for the death penalty among men than women, juror sex inconsistently predicts sentencing outcomes in the literature. Minimal research on judge and attorney sex finds female judges more liberal in death penalty sentencing than male judges and inconclusive relationships between attorney sex and adjudication. Findings in the research on sex and death penalty outcomes support the existence of a “sex effect” and inform recommendations for future research to expand the body of literature.     

In Defense of His Guru: Dratsepa’s Rebuttal to the Challenges Articulated by the Proponents of the Other-Emptiness Doctrine

The buddha-nature literature has a significant place within the Indian Mahāyāna tradition and Tibetan Buddhism. While it is usually included in the so-called Last Wheel of the Buddha’s teachings, many Tibetan thinkers began to cast doubts about the textual significance of buddha-nature discourse in fourteenth-century Tibet. In this article, I will examine one particular case where there is apparent tension between multiple Tibetan masters over the importance of buddha-nature teachings. This paper primarily analyzes Dratsepa’s commentary to the Ornament (mdzes rgyan) written by his teacher, Buton. Dratsepa construes the Ornament as a work critiquing Dolpopa’s interpretation of the buddha-nature literature. He levels a barrage of criticisms against Dolpopa by referring to Indian śāstras and sūtras that are equally important to both of them, and also by tracing his own assessment of the tathāgata-essence teachings to early Tibetan scholars. In contradistinction to Dolpopa’s claims, Dratsepa offers several nuanced readings of the buddha-nature literature and complicates the notion of what it means to have tathāgata-essence, what a definitive or provisional meaning entails, and the relationship between the Middle Wheel and the Last Wheel teachings. In brief, Dratsepa’s text sheds light on one of the earliest discourses on the tension between self-emptiness and other-emptiness presentations.     

Does the Threat of the Death Penalty Affect Plea Bargaining in Murder Cases? Evidence from New York's 1995 Reinstatement of Capital Punishment

This article investigates whether the death penalty encouragesdefendants charged with potentially capital crimes to pleadguilty in exchange for lesser sentences. I exploit a naturalexperiment in New York State: the 1995 reinstatement of capitalpunishment, coupled with the public refusal of some prosecutorsto pursue death sentences (N.Y. Penal Law 125.25 [McKinney1975]). Using individual-level data on all felony arrests inthe state between 1985 and 1998, I find the death penalty leadsdefendants to accept plea bargains with harsher terms, but doesnot increase defendants’ overall propensity to plead guilty.A differences-in-differences analysis of a national cross-sectionof homicide defendants confirms these results.