A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims' families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991) . The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death‐eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim's family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.     

THE IMPACT OF THE SPORT OF BICYCLE RIDING ON SAFETY LAW

On Wednesday, a gentleman, who stated he came from Thornhill in Dunfries, was placed at the Gorbels public bar, charged with riding along the pavement on a velocipede to the obstruction of the passage, and with having, by so doing, thrown over a child. … The child who was thrown down had not sustained any injury, and under the circumstances, the offender was only fined 5 shillings. Glasgow Argus, June 9, 1842- arguably the first court decision applying safety law to the bicycle.     

THE IMPACT OF MEDICAL RESOURCES ON CRIMINALLY INDUCED LETHALITY: A FURTHER EXAMINATION*

A recent addition to the literature on the ecology of homicide is the explanation offered by Doerner and Speir (1986) that the differential distribution of medical resources is partially responsible for variation in criminally induced lethality. Unfortunately, that analysis was hampered by data that did not adequately measure crucial concepts. Consequently, this study reanalyzes homicide data for Florida in conjunction with a more detailed medical data base. The results indicate that medical resources, particularly emergency transportation, do affect the distribution of criminally induced lethality.     

A CRITIQUE OF PROFESSOR CHURCH'S REPORT ON THE IMPACT OF VERTICAL AND CONGLOMERATE MERGERS ON COMPETITION

We discuss Professor Jeffrey Church's report to the EuropeanCommission in 2004 on the effects of vertical restraints andmergers. Although thorough and accurate, the report could bemisinterpreted by practitioners, as it does not emphasize thatmarket power is only a necessary condition for harm to competition,and that most vertical mergers that present the possibilityof competitive harm also present economic efficiencies thatare intrinsic to the integration.     

刑事政策视野中的刑法目的解释

<正>刑法适用解释是纸面上的刑法得以适用于个案的必经路径,而刑法适用解释的关键是解释方法的选择及其位阶安排问题。这一问题的棘手之处在于,各种解释方法着眼点的不同往往导致考察者思维上的混乱。     

THE IMPACT OF SOCIAL SUPPORTS ON POLICE STRESS*

Utilizing a theoretical perspective (the “social supports model”) increasingly applied by stress researchers in other fields, the present endeavor explores whether social supports operate to shield officers from the stresses emanating from police work To investigate this issue, 91 suburban officers were administered a questionnaire that contained scales measuring four job-related stressors, four types of social supports, and two forms of psychological stress—work and life. With regard to the stressors, the data analysis revealed that feelings of dangerousness were significantly and positively related to both stress scales, while shift change and court problems increased only general lye stress. It was also found that supervisory support mitigates work stress while family support helps to reduce more general psychological discomfort. These latter results rein force the assertion that future research could profit by systematically exploring the circumstances, such as social supports, which enable police to cope effectively with the more stressful features of their work.     

THE IMPACT OF MEGAN'S LAW ON SEX OFFENDER RECIDIVISM: THE MINNESOTA EXPERIENCE*

Although Megan's Law was passed more than 10 years ago, very little is known as to whether it reduces sex offender recidivism significantly. Using a retrospective quasi‐experimental design, we examine whether community notification has a deterrent effect by comparing the recidivism rates of 155 level 3 (“high public risk”) sex offenders released from Minnesota prisons between 1997 and 2002 who were subject to broad notification with two separate control groups who were not. The first control group (referred to as the prenotification group) contained 125 sex offenders released between 1990 and 1996 (the 7 years preceding the implementation of the Community Notification Act) who likely would have been subject to broad community notification had the law been in effect at the time of their release. The second control group (referred to as the non‐notification group) was composed of 155 offenders (37 level 1 and 118 level 2) released between 1997 and 2002 who were not subject to broad community notification. The results from the Cox proportional hazards models reveal that broad community notification significantly reduced the risk of time to a sex reoffense (rearrest, reconviction, and reincarceration) compared with both control groups. The findings were mixed, however, for both non‐sex and general reoffending. Whereas broad community notification significantly reduced the risk of timing to both non‐sex and general recidivism compared with the prenotification group, no such effects were found in the non‐notification group analyses. We discuss the implications of these results and attempt to explain why Megan's Law seems to reduce sex offense recidivism in Minnesota.