Comparative proportionality review: A nationwide examination of reversed death sentences

A required part of the appellate review of death sentences in many capital punishment jurisdictions is comparative proportionality review. This procedure requires the court to compare the death sentence under review with sentences in similar cases to determine whether it is excessive. This article examines those death sentences from across the country that have been reversed on comparative proportionality grounds. Relatively few death sentences have been reversed on these grounds, and the number of reversals is decreasing. The reviews that reverse sentences infrequently compare only to other death sentences, commonly use a method that requires more than a mere common aggravating factor for selecting comparison cases, and rarely use the frequency method of comparative proportionality review.     

Youth and the forbidden fruit: Experiences with changes in legal drinking age in North America

The effects of changes in the minimum drinking ages in various North American jurisdictions are reviewed. The research suggests that although most teenagers have experimented with alcohol, the rates of alcohol consumption and alcohol-related traffic collisions can be increased and decreased with the drinking age control legislation.     

Method of payment and the cesarean birth rate in a hospital in northeast Brazil

This paper examines factors associated with the cesarean birth rate, including medical condition and method of payment, in the largest maternity hospital of Fortaleza, Brazil. Data were collected on 5996 women who delivered at the Maternidade Escola Assis Chateaubriand from October 1980 to July 1981. All women were classified according to how they paid for their care: private (financed at least part of their care with own funds), insured (federal or state), or indigent. Private patients were found to be far more likely than patients in the other two groups to have cesarean deliveries, due primarily to the high percentage of private patients recorded as having prolonged or obstructed labor, combined with a high rate of prior cesarean sections. From this data, it appears likely that financial incentives did play a role in physician decisions on whether to perform cesarean deliveries.     

Forensic analysis of bicomponent fibers using infrared chemical imaging

The application of infrared chemical imaging to the analysis of bicomponent fibers was evaluated. Eleven nominally bicomponent fibers were examined either side-on or in cross-section. In six of the 11 samples, infrared chemical imaging was able to spatially resolve two spectroscopically distinct regions when the fibers were examined side-on. As well as yielding characteristic infrared spectra of each component, the technique also provided images that clearly illustrated the side-by-side configuration of these components in the fiber. In one case it was possible to prepare and image a cross-section of the fiber, but in general the preparation of fiber cross-sections proved very difficult. In five of the 11 samples, the infrared spectra could be used to identify the overall chemical composition of the fibers, according to a published classification scheme, but the fiber components could not be spatially resolved. Difficulties that are inherent to conventional "single-point" infrared spectroscopy, such as interference fringing and sloping baselines, particularly when analyzing acrylic type fibers, were also encountered in the infrared chemical image analysis of bicomponent fibers. A number of infrared sampling techniques were investigated to overcome these problems, and recommendations for the best sampling technique are given. Chemical imaging results were compared with those obtained using conventional fiber microscopy techniques.     

Procedural justice and parents' satisfaction in a field study of child custody dispute resolution

The relative importance of procedural and distributive factors for satisfaction was tested in a field study of 71 couples who were randomly assigned to mediate or litigate their child custody dispute. Multiple regression analyses showed that procedural factors (decision control and respect) and distributive factors (feeling of winning what one wanted) were equally influential for parents' satisfaction as a group. However, the relative importance of procedural fairness and outcome favorability differed depending on disputant gender, favorability of outcomes, and level of conflict in the relationship. Support was found for Tyler's (1989) assertion that the specific procedural factor of decision control is especially important in dispute resolution settings. However, contrary to expectation, decision control was relatively more important to satisfaction in mediation than in litigation. It is suggested that the type of allocation setting may not be as influential for satisfaction as participants' status in the proceedings and their perceptions of the level of conflict.     

EDA for HLM: Visualization when Probabilistic Inference Fails

e-mail: jwbowers{at}umich.edu (corresponding author) e-mail: kwdrake{at}umich.edu Nearly all hierarchical linear models presented to politicalscience audiences are estimated using maximum likelihood undera repeated sampling interpretation of the results of hypothesistests. Maximum likelihood estimators have excellent asymptoticproperties but less than ideal small sample properties. Multilevelmodels common in political science have relatively large samplesof units like individuals nested within relatively small samplesof units like countries. Often these level-2 samples will beso small as to make inference about level-2 effects uninterpretablein the likelihood framework from which they were estimated.When analysts do not have enough data to make a compelling argumentfor repeated sampling based probabilistic inference, we showhow visualization can be a useful way of allowing scientificprogress to continue despite lack of fit between research designand asymptotic properties of maximum likelihood estimators.     

The uncritical enthusiasts versus the uninformed sceptics: regulation of complementary and alternative medicines

The introduction of a treaty between Australia and New Zealand to regulate complementary and alternative medicines (CAM) has revived the age-old debate between advocates of conventional medicine and those of CAM, particularly with regard to the standards of regulation that should be applied. Currently, the systems for regulating CAM products in Australia and New Zealand are very different, making harmonisation contentious, as the proposed treaty follows the Australian system very closely. New Zealand and Australian principles of good regulatory practice stipulate that only minimum necessary standards should be imposed, and should be transparent, understandable and equitable. It is argued that the proposed treaty does not adhere to good regulatory standards, and that other forms of harmonisation should be sought to avoid adopting a regulatory regime in New Zealand that is overly restrictive and harmful to the New Zealand CAM industry.     

Brothers’ Keepers?

Relying on rarely analyzed public opinion data from the 1930s and early 1940s, we take issue with the notion popular in contemporary liberal circles that the New Deal era represented a period of expansive commitment to the security and well-being of the poor and politically disenfranchised. At least where the public is concerned—as opposed to the progressive policy makers in the Roosevelt administration—the jobless were regarded with suspicion, immigrants should be forced to “go home,” women belong in the kitchen not on the shop floor. The harsher the economic conditions (by state), the more conservative were the public attitudes. Hence New Deal legislative victories accrued despite rather than because of public support.

What do Australian consumers think about current advertising standards?

The concept of community standards is the cornerstone of advertising self‐regulation in Australia. However, there is a dearth of research on current attitudes towards advertising and a virtual absence of such data in an Australian context. A questionnaire was developed to assess consumer attitudes towards advertising; respondents were 872 adults residing in New South Wales. We found high levels of concern regarding advertising standards in general and a consistent perception that advertising should not, for example, use coarse language or violent images, portray women or men as sex objects or show nudity, stereotype or make fun of groups of people, or convey messages that undermine parental authority. In relation to specific appeals and executional elements, although we identified numerous statistically significant demographic differences, there was a clear majority view as to what elements are unacceptable. That is, rather than the posited vocal ‘moral minority’, there is a consistency of views across the community on key issues of advertising standards. The finding that only a very small proportion of community‐based respondents knew how to make a complaint to the correct organisation suggests that studies utilising complainant samples are unlikely to be representative of those who are concerned about advertising. Copyright © 2011 John Wiley & Sons, Ltd.