Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).     

Restriction fragment length polymorphism analysis of forensic science casework in the People's Republic of China.

Restriction fragment length polymorphism (RFLP) analysis for the purpose of individualization is now being used in casework in the People's Republic of China. This report describes the use of the multilocus minisatellite probe 33.15 to solve three cases, including two homicides and a rape. In the third case, fetal tissue was analyzed to prove that the alleged rapist was, in fact, the father. In each case, analysis of deoxyribonucleic acid (DNA) resulted in a positive match. The probability of chance association of the DNA fingerprint was calculated as 5.6 x 10(-12), which is similar to the figures reported in the literature.     

The individuality of fibres used to provide forensic evidence--not all blue polyesters are the same.

Fibres used in forensic casework suffer from a disadvantage common to other forms of trace evidence--it is not possible to state with absolute certainty that they originate from a specific source. Target fibre studies, population studies and research on 'blocks of colour' have effectively demonstrated the polymorphism of textile fibres (particularly man-made ones) and have shown that when a fibre is believed to have a specific putative source, the chance that it has originated from a different source purely by coincidence is extremely remote. A study by Houck MM (Houck MM, Inter-comparison of unrelated fibre evidence. Forensic Science International 2003; 135: 146-149) has shown that no coincidental matching fibres were recovered from items of clothing examined in 20 unrelated crimes. The study involved over two million comparisons. This work goes a step further, and using the example of blue polyester fibres shows that even within a very narrow segment of the whole general fibre population, many examples of a specific colour/type of man-made fibre taken from random sources can be compared and the chance of any two being the same is very low. These studies should help to show the specificity and value of transferred fibres in providing forensic evidence.     

The Trilateral cooperation

Legal context: The relatively informal agreements setting up the TrilateralCooperation (TC) among the world's three most important patentoffices are contrasted with formal multinational treaties suchas the Patent Law Treaty and the abortive Substantive PatentLaw Treaty. Key points: After its inception in 1983, the TC concentrated initially ondeveloping and implementing standards for electronic storageand retrieval of prior art documents, and facilitation of searching.This was later extended to electronic sharing of priority documentsand to standardization and searching of DNA sequence databases.More recently emphasis has been placed on harmonization of searchingand examination procedures, and working groups have comparedthe approaches of the Trilateral Offices (TOs) to the patentabilityof claims in areas of new technology. Encouragingly, the resultsare usually the same, although the specific objections raisedmay differ. The ultimate goal is to reach a situation in whicha claim allowed by one TO would be accepted by the others withoutfurther examination. Practical significance: The TC has already facilitated search and examination, leadingto lower costs and shorter pendency times than would otherwisebe the case. Further progress depends on harmonization of substantivepatent law, which in turn depends on the willingness of theUSA to accept a first-to-file system.     

INTRODUCING PERSPECTIVES IN FAMILY LAW AND SOCIAL SCIENCE RESEARCH

This article provides an editorial introduction to the following three related articles on the growing use and influence of social science research in family law. It first considers why this has become problematic and identifies some common strategies used by advocates, sometimes under the guise of scholarship, to destroy the standing of research findings contrary to their ideological or political position. Then it discusses briefly the remedies proposed to mitigate these kinds of problems within the following three articles.