Implicit theories of criminal responsibility

Three questions relevant to insanity decisions were examined: (a) What informational cues are weighed most heavily in the attribution of criminal responsibility? (b) How do verdict forms influence these attributions? And (c) How do individuals' beliefs about insanity and responsibility influence decision making? Undergraduate subjects (n=181) responded to vignettes portraying an act by a mentally disordered defendant. Psychiatric jargon was avoided, so that attributions were not a function of diagnostic terminology. It was found that, under the traditional scheme of not guilty by reason of insanity (NGRI) vs. guilty, level of mental disorder (schizophrenia vs. personality disorder) was the primary determinant of insanity decisions. Also, insanity judgments were more likely to be made for acts performed without planful intentionality. Under the alternative scheme of NGRI vs. guilty but mentally ill (GBMI) vs. guilty, mental disorder still controlled NGRI verdicts; a bizarre act increased the likelihood of a GBMI over a guilty verdict; and the GBMI verdict option reduced markedly the proportion of psychotic defendants found NGRI and the proportion of personality disordered defendants found guilty. There were no significant differences between diagnostic groups in the likelihood of being found GBMI. Most subjects preferred to utilize the GBMI option as a compromise verdict even in the face of very severe mental illness. Attitudinal data revealed considerable variation in agreement with the classic moral logic of the insanity defense and accounted for a significant amount of the variance in insanity decisions. The implications for both social policy and future research are discussed.     

Looking Beyond the Bancoult Cases: International Law and the Prospect of Resettling the Chagos Islands

During the 1960s, the US government entered into an agreementwith the UK government to construct a military facility in theChagos Archipelago. The UK government excised the Archipelagofrom the colony of Mauritius and created the British IndianOcean Territory (BIOT). Diego Garcia was transferred to theUnited States and the indigenous people of the entire Archipelagowere secretly banished. This process led to their chronic impoverishment.In the Bancoult cases, the English courts held the exile tobe unlawful and that the Chagossian people possess a publiclaw right of abode in the Chagos Islands. This article examineswhether international law can facilitate the resettlement tothe Chagos Islands via recognition of BIOT's non-self-governingstatus. It also explores the prospect of securing compensationfor the loss of ancestral lands by reference to existing andevolving international standards on indigenous rights.     

The Interpretation of Matching Trace Evidence: A Legal Perspective

本文描述了用于规范法庭科学证言的英美证据法,这些法庭科学证言主要是解释微量物证之匹配的重要性。本文根据即将出版的维基百科全书法庭科学卷部分改编。     

Police leniency in traffic enforcement encounters: Exploratory findings from observations and interviews

Despite the volume of time officers spend on traffic enforcement encounters, there was limited research exploring how they used their discretion in such interactions. Issues relating to police decision making patterns in the enforcement of motor vehicle laws were particularly salient in light of the on-going debate over racial profiling. This study examined how officers made decisions (in particular, to stop and to sanction) in the course of traffic enforcement. Using field observations and interviews with officers in a small midwestern agency, the authors described the factors and forces that officers used in making discretionary choices. The findings indicated that leniency in sanctioning was very common and that officers expected citizens to be contrite and acknowledge responsibility for their infractions. Implications for larger and more systematic observational studies are discussed.     

Managing Racial Diversity: Matching Internal Strategies with Environmental Needs

Although demographic diversity has been of paramount concern to researchers and practitioners in public management, studies exploring managerial strategies to capitalize on and respond to the needs of diverse client populations are scarce. This article examines strategies for managing diversity as a way to buffer environmental challenges in service delivery and performance resulting from heterogeneous client demands. Findings suggest that administrators prioritize diversity efforts when faced with higher levels of regulatory violations (a performance measure). A higher percentage of black residents is associated with lower service quality. However, the effect of managerial strategies for diversity on performance is conditioned by the racial composition of the clients: as the percentage of black nursing home residents increases, diversity management efforts are associated with a lower number of regulatory violations. Similarly, at higher levels of racial heterogeneity, diversity management efforts are associated with fewer regulatory violations.