Seeking or controlling the truth? An examination of courtroom questioning practices by Canadian lawyers*

ABSTRACT

The questioning practices of Canadian lawyers were examined. Courtroom examinations (N?=?91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing); less than one percent of all utterances were open-ended. Direct examinations contained more closed yes/no, probing, and open-ended questions. Cross-examinations contained more leading and clarification questions, and opinions. Moreover, cross- (vs. direct) examinations contained more questions with a ‘challenging the witness’ purpose. The longest utterances were opinions, followed by multiple and forced-choice questions. The longest answers were in response to open-ended questions, followed by multiple and probing questions. Implications for the truth-seeking function of the judiciary are discussed.     

Empowerment,Deliberative Development,and Local-Level Politics in Indonesia: Participatory Projects as a Source of Countervailing Power

The salience of the concept of “empowerment” has been deductively claimed more often than carefully defined or inductively assessed by development scholars and practitioners alike. We use evidence from a mixed methods examination of the Kecamatan (subdistrict) Development Project (KDP) in rural Indonesia, which we define here as development interventions that build marginalized groups’ capacity to engage local-level governing elites using routines of deliberative contestation. “Deliberative contestation” refers to marginalized groups’ practice of exercising associational autonomy in public forums using fairness-based arguments that challenge governing elites’ monopoly over public resource allocation decisions. Deliberative development interventions such as KDP possess a comparative advantage in building the capacity to engage because they actively provide open decision-making spaces, resources for argumentation (such as facilitators), and incentives to participate. They also promote peaceful resolutions to the conflicts they inevitably spark. In the KDP conflicts we analyze, marginalized groups used deliberative contestation to moderately but consistently shift local-level power relations in contexts with both low and high preexisting capacities for managing conflict. By contrast, marginalized groups in non-KDP development conflicts from comparable villages used “mobilizational contestation” to generate comparatively erratic shifts in power relations, shifts that depended greatly on the preexisting capacity for managing conflict.

Does Political Information Matter? An Experimental Test Relating to Party Positions on Europe

This article focuses on whether the provision of 'objectively' correct information to voters about where parties stand on an issue affects their placement of the parties, and ultimately their own position, on that issue. Classic theories of how mass publics make voting decisions assume that voters are able relatively accurately to place themselves and the parties on various issue dimensions. While these assumptions have been challenged, it is generally assumed that the provision of new information makes voters' placements more informed. We explicitly test this idea using a survey experiment focusing on one political issue – European integration. In the experiment, all respondents were twice asked to place the three main British parties and themselves on a bipolar scale of European integration. This was done towards the beginning, and then at the end of the survey. Most respondents were also given information on the 'informed' positions of the parties, derived from expert survey placement. Our analyses indicate that individuals' placements did change, and the tendency was related to both political sophistication and the inherent difficulty of placing the party. Only less sophisticated voters updated their placements, and these changes are concentrated on the placement of the Labour party, where the elite stance on Europe has been more conflicted. For all respondents we do not detect any corresponding changes in self-placement that would be congruent with 'cueing' effects.     

The Importance of Trust in Government for Public Administration: The Case of Zoning

Many scholars argue that citizens with higher levels of political trust are more likely to grant bureaucratic discretion to public administrators than citizens with lower levels of trust. Trust, therefore, can relieve the tension between managerial flexibility and political accountability in the modern administrative state. Unfortunately, there is little empirical evidence showing that trust is actually associated with citizens' willingness to cede policy-making power to government. This article tests theories about political trust and citizen competence using the case of zoning. Trust in local government is found to be an important predictor of support for zoning, but trust in state government and trust in national government have no effect. These findings suggest that trust affects policy choice and helps determine how much power citizens grant to local administrators.     

The Politics of Bureaucracy and the failure of post-war reconstruction

Gordon Tullock’s The Politics of Bureaucracy must be considered one of the most important works on bureaucracy ever written. In this paper, I argue that Tullock’s analysis of bureaucracy is as relevant as ever. To support this claim, I focus on U.S.-led reconstruction efforts which attempt to export liberal democracy via military occupation. Bureaucratic organizations play a key role in these reconstruction efforts and as such, Tullock’s analysis is directly relevant. It is argued that Tullock’s study clarifies not just the limits of bureaucratic activity, but also the importance of spontaneous orders for coordinating activities outside those limits and generating the very institutional context in which liberal democracy can evolve and sustain. The main conclusion is that the nature of public bureaucracy constrains the ability of the United States to exogenously impose liberal democratic institutions in foreign countries for the very reasons Tullock emphasized long ago.     

Mediating with Heart in Mind: Addressing Emotion in Mediation Practice

Given the centrality of emotion and emotional communication to conflict interaction, the lack of attention to emotion in mediation is particularly surprising. This essay suggests that mediation practice can—and should—be informed by the wealth of existing theory and research on emotion in the social sciences. The authors define emotion and argue the centrality of its place in conflict. They address issues germane to the cognitive, expressive, and physiological aspects of emotion and their relevance to mediation practice. Within each area, they discuss the implications of the emotional experience of the disputant and the emotional experience of the mediator.     

Balance Between Local Economic Development and Environmental Sustainability: A Multi-level Governance Perspective

This study seeks to explain why U.S. local governments utilize environmental sustainability to promote economic development. Economic development and environmental protection need not be competing objectives, but rather, environmental protection can enhance local economic competitiveness. Using data from the ICMA Economic Development Survey, this study tests an empirical model that includes state sustainability initiatives, participation in climate protection networks, and political attitudes toward economic development as predictors of local policy decisions. The findings reinforce a multi-level governance perspective on explaining the balance cities seek to achieve between environmental protection and economic growth.     

Long-term consequences of being placed in disciplinary segregation†

Being placed in restrictive housing is considered one of the most devastating experiences a human can endure, yet a scant amount of research has been conducted to test how this experience affects core indicators of prisoner reentry such as employment and recidivism. In this article, we use Danish registry data, which allow for us to link penal conditions to postrelease outcomes, to show how the reentry outcomes of individuals placed in disciplinary segregation, which is placement in restrictive housing because of disciplinary infractions, compare with those sanctioned for in-prison offenses but not placed in segregation. The results from matched difference-in-differences analyses show that Danish inmates placed in disciplinary segregation experience larger drops in employment and larger increases in the risk of being convicted of a new crime in the 3 years after release from a correctional facility than do Danish inmates who were sanctioned for a serious offense but not placed in disciplinary segregation as a result. Because being placed in disciplinary segregation, and restrictive housing more broadly, is so common, these results indicate that restrictive housing placement may be a key moderator of the effects of incarceration that merits more attention from criminologists, provided the associations shown here represent causal effects and generalize.