Deciding mental retardation and mental illness in capital cases: The effects of procedure,evidence, and attitudes

Abstract

When finding unconstitutional the execution of defendants who were mentally retarded at the time of their crime in Atkins v. Virginia (2002), the US Supreme Court left the States to decide on procedures for deciding a defendant's mental retardation. This has and will lead to substantial variation, and will include juries being responsible for these verdicts. Two studies are presented that test procedural, evidentiary, and attitudinal effects on mock juror verdicts as to a capital defendant's mental retardation. Both studies show significant effects of procedural variables. Making the retardation and death decision at the same trial phase changed jurors’ interpretation of evidence, including severity of mental problems. Jurors were insensitive to differences in the burden of proof on mental retardation verdicts, although demanding proof beyond a reasonable doubt may make jurors more sensitive to retardation evidence when deciding on a death sentence. Areas for future research are outlined.     

Political Influence on Public–Private Partnerships in the Public Health Sector in New Zealand

The purpose of this article is highlight the influences on the performance of public-private partnership organizations established to provide procurement services for public-sector organizations. The findings provide evidence of some values-based fracturing in public-private partnerships in the New Zealand public sector. However, it is the impact of political influence that illustrates significant potential to undermine effectiveness and efficiency. This case suggests there are innovative approaches which can be adopted—other than traditional models of public expenditure—yet still providing a sustainable public health service. Finally the case argues for the importance of appropriate political understanding of the changing scenarios.     

英国公共住房政策和立法的发展及其对中国的启示——以利物浦为中心的案例分析

快速的城市化和工业化给公共住房问题带来了巨大的压力,社会的发展和不同历史时期政治的变化必将导致公共住房政策和立法的不时调整,这其中更多应属延续而非突变,但其中必有一些内在的本质因素属于解决城市公共住房问题所不可忽视的共性基因.利物浦是英国公共住房政策的先锋,以此为主要研究对象予以个案分析,将有助于对英国公共住房政策和立法的成功经验、失败教训予以总结.比较当代中国所面临的公共住房问题的现状,英国公共住房政策和立法的经验教训也许能为中国处理好21世纪的公共住房问题提供借鉴和启发.     

Expert testimony in child sexual abuse cases

We presented participants with syndromal, witness credibility, or anatomically detailed doll evidence to determine (a) whether these different types of expert evidence exert differential influence on participants' judgments and (b) whether the influence of this evidence could be better explained by the relative scientific status or the probabilistic qualities of the research presented. Additionally, we investigated whether a strong or weak cross-examination of the expert would be more successful in discrediting the information provided in the expert's testimony. Findings suggest that participants are less influenced by expert testimony based on probability data (i.e., syndromal evidence) than by expert testimony based on case history data (i.e., credibility of anatomically detailed doll evidence). Participant responses did not differ as a function of the strength of the cross-examination of the expert. As expected, women were more likely to respond in a pro-prosecution direction than were men. Implications for the use of expert evidence in child sexual abuse cases are discussed.     

Putting Principle into Practice: The Role of Human Rights in Foreign Policy

This commentary by Robin Cook reflects upon what was accomplished during his four years as Secretary of State for Foreign and Commonwealth Affairs after the new Labour government in 1997 placed the promotion and protection of human rights at the heart of its foreign policy. The paper emphasises this partnership by introducing a programme of exchanges and secondments between human rights NGOs and the Foreign Office, focusing on the pursuit of human rights in both principle and practice. While discussing the role of the British government the author provides an overview of many of the most important examples of attempts at ethical foreign policy over the last five years. It is argued that that national interest is promoted, not hindered, by a commitment to human rights and suggests new rules for when the UN can intervene to keep peace within states rather than among states.     

THE TRUANCY COURT DIVERSION PROGRAM OF THE FAMILY COURT,WARREN CIRCUIT COURT DIVISION III,BOWLING GREEN,KENTUCKY: AN EVALUATION OF IMPACT ON ATTENDANCE AND ACADEMIC PERFORMANCE

Educators, parents, and community services partnered with the family court judge to implement the Truancy Court Diversion Program (TCDP). TCDP significantly impacted unexcused absences, unexcused tardies, and academic performance of the elementary and junior high students participating in the program. Elementary participants were more likely to maintain their improved attendance following participation than were junior high participants. Nonetheless, junior high participant grade point averages increased during TCDP and were maintained subsequent to TCDP. TCDP was an effective intervention for improving attendance and academic performance and helping preclude future delinquency.