The Effects of Rehabilitative Voir Dire on Juror Bias and Decision Making

During voir dire, judges frequently attempt to “rehabilitate” venirepersons who express an inability to be impartial. Venirepersons who agree to ignore their biases and base their verdict on the evidence and the law are eligible for jury service. In Experiment 1, biased and unbiased mock jurors participated in either a standard or rehabilitative voir dire conducted by a judge and watched a trial video. Rehabilitation influenced insanity defense attitudes and perceptions of the defendant’s mental state, and decreased scaled guilt judgments compared to standard questioning. Although rehabilitation is intended to correct for partiality among biased jurors, rehabilitation similarly influenced biased and unbiased jurors. Experiment 2 found that watching rehabilitation did not influence jurors’ perceptions of the judge’s personal beliefs about the case.     

Human Factors Effecting Forensic Decision Making: Workplace Stress and Well‐being

Over the past decade, there has been a growing openness about the importance of human factors in forensic work. However, most of it focused on cognitive bias, and neglected issues of workplace wellness and stress. Forensic scientists work in a dynamic environment that includes common workplace pressures such as workload volume, tight deadlines, lack of advancement, number of working hours, low salary, technology distractions, and fluctuating priorities. However, in addition, forensic scientists also encounter a number of industry‐specific pressures, such as technique criticism, repeated exposure to crime scenes or horrific case details, access to funding, working in an adversarial legal system, and zero tolerance for “errors”. Thus, stress is an important human factor to mitigate for overall error management, productivity and decision quality (not to mention the well‐being of the examiners themselves). Techniques such as mindfulness can become powerful tools to enhance work and decision quality.     

“It Takes a Coalition”: Coalition Potential and Legislative Decision Making

This article empirically illustrates the value of coalition formation in legislative bargaining. I argue that legislators’ potential to form powerful coalitions, their coalition potential, is essential to their ability to obtain preferred policy outcomes. Using data on the European Union's legislative process, I show that coalition potential significantly increases legislators’ success. Moreover, the value of coalition potential depends on the voting rules used to pass legislation. For example, under the unanimity voting rule, the importance of coalition potential is insignificant because of the veto power held by each legislator.     

On Two Distinct and Opposing Versions of Natural Law: “Exclusive” versus “Inclusive”

Abstract. This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural‐law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural‐law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural‐law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude. *

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The “Production” of Corruption in China's Courts: Judicial Politics and Decision Making in a One‐Party State

Despite its rampant presence, judicial corruption in China has often been regarded as the idiosyncratically deviant behavior of a few black sheep eluding prescribed judicial conduct. This entrenched assumption has both discouraged in‐depth investigation of the phenomenon of judicial corruption and inhibited proper understanding of the functioning of China's courts. This article, based on an empirically grounded examination of the processing of court rulings tainted by corruption, showed that judicial corruption in China is an institutionalized activity systemically inherent in the particular decision‐making mechanism guided by the Chinese Communist Party's instrumental rule‐by‐law ideal. In investigating what has contributed to the institutionalization of judicial corruption, the interplay between law and party politics in China's courts was also examined. The findings, therefore, also shed light on behind‐the‐courtroom judicial activities and on the enduring perplexity of the gap between the law in the book and the law in action.