Judicial Narratives of Ideal and Deviant Victims in Judges’ Capital Sentencing Decisions

Although the Victim’s Rights Movement has led to advances for victims of crime, the use of victim impact evidence in criminal trials remains controversial due to the suspicion that such evidence enhances punitive attitudes and arbitrariness in capital sentencing outcomes. Despite a growing body of literature in this area, it remains unclear if some victims are viewed more favorably than others, particularly from the perspective of judges. The current study examines the construction of victims by judges in capital cases and how this portrayal impacts sentencing outcomes in Delaware, which vests the final capital sentencing authority in judges rather than juries. In examining this gap in the literature, we consider if judges make distinctions between ideal and deviant victims, if these distinctions are associated with victim and offender characteristics, and if the construction of victims impacts offender sentencing. Findings from this study lend support to the idea that judges describe some victims as more “worthy” than others, that victims described in ideal ways are more likely to be white and female, and that “ideal victims” are more likely to result in death sentences.     

A Radiographic Study on the Utility of Cranial Vault Outlines for Positive Identifications

A standard method for positive identification is the use of antemortem and postmortem radiographic comparisons. The purpose of this research is to test the visual accuracy of antemortem and postmortem radiographic comparisons of cranial vault outlines and to evaluate their uniqueness using geometric morphometric methods. A sample of 106 individuals with varying levels of education and forensic case experience participated in a visual accuracy test. Of the 106 individuals, only 42% correctly assigned all of the radiographs, with accuracy rates ranging from 70 to 93% for each radiographic comparison. Vault shape was further examined using elliptic Fourier analysis, and paired t‐tests were computed on the first 10 principal components accounting for 100% of the variance, which found no significant differences. The visual accuracy test and elliptic Fourier analysis shows that vault outlines may not be unique enough for positive identifications when used as a sole indicator.     

Citizens,politicians, and party cartellization: Political representation and state failure in post-industrial democracies

Abstract. This paper critiques what can be interpreted as an application of the literature on state failure in current political economy and political science to the changing role of political parties in advanced post–industrial democracies, Katz and Mair's theory of cartel parties . It develops an alternative set of hypotheses about the dynamics of parties and party systems with the objective to clarify empirical terms according to which rival propositions can be tested. Specifically, the paper rejects three propositions in the theory of cartel parties and advances the following alternatives. First, party leaders are not divorced from their members and voting constituencies, but become ever more sensitive to their preferences. Second, inter–party cooperation generates a prisoner's dilemma in the competitive arena that ultimately prevents the emergence of cartels. Ideological convergence of rival parties has causes external to the competitive arena, not internal to it. Third, conventional parties cannot marginalize or coopt new challengers, but must adjust to their demands and electoral appeals. The age of cartel parties, if it ever existed, is not at its beginning, but its end.     

Verfassungsschranken und die Privatisierung öffentlicher Dienstleistungen im internationalen Vergleich

This paper examines the impact of constitutional barriers on the privatisation of public utilities in 21 OECD-countries between 1980 and 2009. We present new and improved indicators for privatisation and constitutional barriers. Three empirical findings stand out: First, national privatisation trajectories differ across both countries and sectors. Second, there is a significant cross-national variation in terms of constitutional provisions related to public utilities which, thirdly, constitute important impediments to privatisation.