A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims' families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991) . The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death‐eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim's family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.     

China's new patterns of social stratification

Until 1962 the Chinese communist policies of class conflict had been directed at the remnants of China's precommunist class structure. After 1962 the Maoist oligarchy had to concern itself not only with the continuing influence of the ‘bourgeois ideas’ of the old China, but with new patterns of social stratification which had been created by the communist regime. Despite the efforts of Mao Tse-tung, the party and the government cadres have increasingly become an elite set apart from the population. The purpose of this article will be to briefly examine this phenomenum and its impact on Chinese politics.     

INSTITUTIONAL ADAPTATION IN THE UK NUCLEAR TECHNOLOGY INDUSTRY

Public inquiries into controversial development proposals have themselves become increasingly controversial in recent years. Despite their increasing length and cost, such proceedings remain part of the administrative process – the Inspector's report serving to'inform the minister's mind. This paper examines certain features of the Sizewell B Inquiry and draws attention to the ability of the applicants to respond to criticisms raised at the hearings through various forms of institutional adaptation. Changes to the Central Electricity Generating Boards case on the organization of project management, to the management of the nuclear site licencing process, and to provisions for future nuclear reactor choice are highlighted. Significantly, each of these areas had been the subject of particular investigations undertaken at the behest of the inquiry Inspector. The paper concludes by raising a number of questions concerning the implications of this singularly interactive process.