Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt

The standard of proof, beyond reasonable doubt (BRD), serves as a threshold for reaching verdicts in criminal cases. Past research has demonstrated that factors such as the wording of judicial instructions defining the standard can influence people's interpretation of it. In addition, there is some concern that instructions may not be effective for the wider jury-eligible population. In an experimental study involving members of the general public, we examined the effect of two commonly used judicial instructions (i.e. sure and firmly convinced) against a situation when BRD was undefined, on people's quantitative interpretations of BRD as well as on their self-reported understanding of the standard and confidence in applying it. We also explored the effect of juror characteristics (i.e. gender, age and education). Compared to when the standard was undefined, the sure instruction helped to reduce inter-individual variability in interpretations of BRD and the firmly convinced instruction increased people's understanding of the standard. However, neither instruction was effective in increasing confidence in applying the standard or in reducing observed individual differences. These findings underscore the importance of developing evidence-based judicial instructions that can benefit the broad jury-eligible population equally and in a variety of ways.     

Political Ideology,Public Policy and Human Development in India: Explaining the Gap Between Gujarat and Tamil Nadu

Abstract

Four decades ago the Indian states of Gujarat and Tamil Nadu had identical scores on the human development index. Both states have since experienced similar rates of economic growth and Gujarat has received more foreign investment, but Tamil Nadu has witnessed much stronger advances in human development. What explains this divergence? Through comparative historical, statistical and public policy analysis and interviews, we conclude that the implementation of government policies as a manifestation of political ideology and the quality of public administration have played a defining role in explaining Gujarat’s more lopsided and Tamil Nadu’s more balanced human development trajectories. Our findings suggest that a more egalitarian ideology and higher quality of public administration have been crucial to Tamil Nadu’s success in simultaneously improving human and economic development.     

What's the Problem in Public Sector Workforce Recruitment? A Multi-Sector Comparative Analysis of Managerial Perceptions

Public sector workforce recruitment is problematic, but the nature of that problem is not clearly defined. Workforce recruitment is essentially a matching problem that requires managers to recruit desired employees in available labor pools. This research asks whether sectoral differences and competition for labor affect whether public managers frame the major problem of workforce recruitment as the size, qualifications, or work ethic of the labor pool. Using survey data from about 2,300 managers from two US states, problem attributions are modeled using multinomial logit. The findings suggest that the public and nonprofit sectors find it more problematic to recruit qualified employees than the private sector, but public and nonprofit agencies hold a comparative advantage over the private sector in recruiting employees with sufficient work ethic. Therefore, public and nonprofit managers should emphasize retention and training to leverage their comparative advantage in recruiting employees with work ethic while addressing a comparative disadvantage in recruiting qualified employees.     

In English and en Español?: Language Accessibility of County Websites

This article examines the response of U.S. county government websites to language diversity among county residents. Employing a survey of county websites and U.S. Census data, our findings reflect a general lack of Spanish language accessibility. The study finds that population size and proportion of Spanish-speaking population do not positively impact county website Spanish language accessibility. Border states from California to Florida outperform northern states. There are, however, notable exceptions to the generally negative findings of the study, especially with regard to identification of best practices and other opportunities that support efforts to become more language-inclusive.     

Internal reliability and construct validity of the Novaco Anger Scale-1998-S in a sample of violent prison inmates in Sweden

Abstract

In this study, the internal reliability and construct validity of the recently adapted Swedish version of the Novaco Anger Scale (NAS-1998-S; Lindqvist, Dåderman, & Hellström, Social Behavior and Personality, 8, 773–788, 2003), as well as its scale correlations with demographic and criminality variables, were investigated. Construct validity was established by assessing the correlation pattern of the scales of NAS-1998-S with concurrent scales of similar and distinct constructs. Ninety-five male violent prisoners, ranging in age from 18 to 67 years, participated. The results demonstrated good internal reliability, consistent intrascale relationships, and appropriate construct validity of NAS-1998-S. The number of previous convictions had a moderate negative relationship with the capacity of control. Age and education correlated negatively with the NAS-1998-S scales, except Regulation. In addition to psychometric issues, the results were discussed from a clinical perspective on the offender population.     

Transforming Fair Use Online: The Ninth Circuit's Productive-Use Analysis of Visual Search Engines

Courts have increasingly looked to the concept of “transformative use” to determine whether the use of a copyrighted work is protected under the fair use doctrine. Judge Pierre Leval's definition of transformative use, adopted by the Supreme Court of the United States in its 1994 opinion in Campbell v. Acuff-Rose Music, Inc., requires that a transformative use must (1) be socially beneficial, (2) be used in a different way or purpose from the original, and (3) add value to the original by using it as raw material to create something new. This article examines the fair use analysis undertaken by the United States Court of Appeals for the Ninth Circuit in two recent cases involving visual search engines and concludes that the court's test of transformative use ignored the language and the meaning of the Campbell definition and instead equated a finding of a different purpose with a finding of a transformative use. This departure from traditional transformative use analysis, if generally adopted by the court, would represent a significant and potentially troubling doctrinal shift in fair use analysis.