The Fall and Renewal of the Commission: Accountability, Contract and Administrative Organisation

The fall of the Santer Commission, prompted by the Report of the Committee of Independent Experts, sent shock waves throughout the entire Community. This article seeks to examine the nature of the problems which beset the Commission, to place these within the broader context of decision-making by public bodies, and to consider also the responsibilities of the Council and European Parliament for the delivery of agreed Community policies. The article analyses in detail the Reports of the Committee of Independent Experts, and the subsequent reforms initiated by the Prodi Commission, in order to assess the prospects for improved service delivery in the future.     

Felony voir dire

The practice of voir dire has a venerable history in the United States. However, despite numerous historical and legal discussions of the topic, and the increased participation of social scientists in the process, few empirical studies have been conducted on what actually occurs during voir dire. The lack of normative data is especially troublesome in the face of recent attacks on the process itself and numerous proposals to drastically limit or even prohibit what many regard as an important criminal justice safeguard—attorney-conducted voir dire in felony trials. This exploratory study attempts to provide some insight into the nature and content of felony voir dire. Our results—based on direct observation as well as juror interview responses—suggest that much of the criticism and calls for drastic reform may be misplaced.     

Duress and criminal responsibility

While the plea of duress is generally accepted as a defense against criminal prosecution, the reasons why it exonerates are subject to dispute and disagreement. Duress is not easily recognizable as either an excusing or justifying condition. Additionally, duress is generally not permitted as a defense against criminal homicide, though some American jurisdictions allow the defense in felony-murder cases. In this paper, I present an argument for how and why the presence of duress can defeat a finding of criminal responsibility. This is intended to establish the philosophical foundation for the legal acceptability of the duress defense, even though I conclude that the defense does not qualify as either an excuse or a justification. I also argue that the duress defense should be allowed in cases of homicide.     

“Spin-In” Technology Transfer for Small R&D Bio-Technology Firms: The Case of Bio-Defense

This study investigates the types of factors which can lead to government acquisition, or the “spin-in” of bio-defense technologies from small bio-technology firms. Empirical findings suggest that for small biotechnology R&D firms desiring to increase “spin-in” technology transfer, there appears to be two distinct and important influence groups—the scientific community within federal agencies, institutes, and centers, and the more managerial, policy-oriented decisions makers. We found that personal communication and networking appear to be the primary factor that leads to a successful technology transfer, however, the form and substance of personal communication and networking will differ between the two influence groups.     

Clarifying Life and Death Matters: An Analysis of Instructional Comprehension and Penalty Phase Closing Arguments

We report the results of two studies designed as follow-ups to our earlier research on the comprehension of capital penalty instructions. In the first study we examine whether a California penalty instruction that was revised by the courts to improve its comprehension by jurors accomplishes this goal. In the second study we content-analyze a sample of attorney closing arguments that were given at the conclusion of actual capital penalty phases to explore whether they are likely to clarify those concepts and procedures that are so poorly comprehended in the judge's instructions. Results indicate that the revised instruction suffers from the same comprehension problems that plagued its predecessor and that attorney arguments appear unlikely to significantly reduce confusion among capital jurors.