Compensating Plaintiffs and Punishing Defendants: Is Bifurcation Necessary?

Critics of the civil jury have proposed several procedural reforms to address the concern that damage awards are capricious and unpredictable. One such reform is the bifurcation or separation of various phases of a trial that involves multiple claims for damages. The purpose of this study was to assess the effects of bifurcating the compensatory and punitive damages phases of a civil tort trial. We manipulated the wealth of the defendant and the reprehensibility of the defendant's conduct (both sets of evidence theoretically related to punitive but not to compensatory damages) across three cases in a jury analog study. We wondered whether jurors would misuse the punitive damages evidence in fixing compensatory damages and whether bifurcation would effectively undo this practice. Our findings indicated that mock jurors did not improperly consider punitive damages evidence in their decisions about compensation. Moreover, bifurcation had the unexpected effect of augmenting punitive damage awards. These findings raise questions about the merits of bifurcation in cases that involve multiple claims for damages.     

The pregnant woman and the good Samaritan: can a woman have a duty to undergo a caesarean section?

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery--however great the burden--is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the 'maternal-fetal conflict' begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should 'give way' to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of 'general conduct.' Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position.     

Interpersonal trust and disaffected high school youth

The study consisted of two parts. First, a new scale of interpersonal trust for adolescents was constructed using a representative sample of 70 students from a community high school. Second, the hypothesis was tested that disaffected youth compared to the more conventional would show less interpersonal trust. Two matched groups of 57 students each were employed for the second part of the study. Results indicate that the new scale is a reliable and valid measure. Correlates of the scale disclose that trust is associated with interpersonal distance, certain developmental factors, and the quality of parent-adolescent relations. Results from the second part of the study tend to confirm the hypothesis in that greater trust scores were found among students with more conventional beliefs.This study was partly supported by NIMH Grant No. MH9210, Ford Foundation Grant No. 69-0264B, and the Jessie and C. Clement Stone Foundation.Received his Ph.D. from the University of Kansas. Currently working on personality and clinical problems of adolescents and adults.Recieved his Ph.D. from the University of Michigan. Plans to continue his work of program development in the area of affect education in secondary schools.Received his Ph.D. from Harvard University. Current work is in the area of community mental health.     

The judiciary and post-election conflict resolution and democratic consolidation in Ghana’s Fourth Republic

ABSTRACT

In recent times most elections in Africa have been fraught with post-elections conflicts that have had dire consequences on citizens. Kenya, Ivory Coast and Zimbabwe are few of these cases. This makes post-election conflict resolution a very important aspect of the electoral process deserving enormous attention. However, extant literature has not accorded it the needed attention. It is as a result of this, that this study investigates the nature of post-election conflict resolution in Ghana’s Fourth Republic. The study, based on a qualitative case study approach, found among others that, the Courts have been instrumental in consolidating democracy in Ghana, and stakeholders are devotedly operating within the legal framework governing elections, despite logistical, law enforcement and justice delivery challenges. The study being conscious of the progress made over the years concludes that, where democratic institutions are consolidating, the use of unconventional means to resolve conflicts is usually not an option.     

A multilevel comparison of child abusers with nonabusers

An integrative, ecological model developed by Belsky (1980) implies that to understand child abuse researchers must examine factors at four levels: the individual, the family, the environment, and the culture. This study compared abusive and nonabusive parents at three of these four levels. At the individual level, abusers were found to have lower self-esteem than controls. Also, male abusers were likely to be relatively impulsive and hostile. At the level of the family, abusers described their children as more troublesome than control parents, but they did not perceive them as developmentally delayed. At the level of the environment, abusers identified more intense life stressors than nonabusers. Results of this investigation supported Belsky's argument that child abuse involved multiple factors and levels.     

Criminal justice and ethical ideology: an exploration of a loyalty-truthfulness dilemma

The notion of loyalty is well established in the criminological literature pertaining to ethics, ethical decision making, and ethical and ideological orientations. The present research addresses the topic of ethics and loyalty in an attempt to address three research questions germane to these areas within criminal justice and criminology. Using two samples equivalent in characteristics other than academic major, this research examines: (1) what impact gender, college major, and the ethical perspective of the observer and the nature of the actor’s action have upon the observer’s attitude toward the action (specific act of deception/truth); (2) what impact gender, college major, and the ethical perspective of the observer and the nature of the actor’s action have upon the observer’s perception of the social attractiveness of the deceiver; and (3) what impact gender, college major, the ethical perspective of the observer, and the nature of the actor’s action have upon the observer’s perception of the task attractiveness of the deceiver. Using a vignette design in this exploratory research, attempts are made to shed light on the impact of gender, major (criminal justice v. others), and ethical orientation on perceptions of an actor confronted with an ethical dilemma of loyalty versus disloyalty involving deception.     

Information flow and party influence: Theory,measurement, and policy consequences

In this paper I present a theory of party influence, based on Bayesian decision theory, as a process in which the voting decisions of individual legislators are influenced by information concerning the votes or intended votes of their rank-and-file colleagues. Procedures derived from the theory are then used to estimate the magnitude of party influence relative to the influence of the president and of party leaders, committee cue givers, and constituents on roll call voting in three policy domains in the U.S. House of Representatives. The results imply that party influence has important short-run and long-run consequences for public policy.