What Do Panel Studies Tell Us About a Deterrent Effect of Capital Punishment? A Critique of the Literature

Objectives

We provide a critical review of empirical research on the deterrent effect of capital punishment that makes use of state and, in some instances, county-level, panel data.

Methods

We present the underlying behavioral model that presumably informs the specification of panel data regressions, outline the typical model specification employed, discuss current norms regarding “best-practice” in the analysis of panel data, and engage in a critical review.

Results

The connection between the theoretical reasoning underlying general deterrence and the regression models typically specified in this literature is tenuous. Many of the papers purporting to find strong effects of the death penalty on state-level murder rates suffer from basic methodological problems: weak instruments, questionable exclusion restrictions, failure to control for obvious factors, and incorrect calculation of standard errors which in turn has led to faulty statistical inference. The lack of variation in the key underlying explanatory variables and the heavy influence exerted by a few observations in state panel data regressions is a fundamental problem for all panel data studies of this question, leading to overwhelming model uncertainty.

Conclusions

We find the recent panel literature on whether there is a deterrent effect of the death penalty to be inconclusive as a whole, and in many cases uninformative. Moreover, we do not see additional methodological tools that are likely to overcome the multiple challenges that face researchers in this domain, including the weak informativeness of the data, a lack of theory on the mechanisms involved, and the likely presence of unobserved confounders.     

Economic strain and perceptions of social cohesion in Europe: Does institutional trust matter?

The degree to which different social groups get along is a key indicator of the cohesiveness of a society. This study examines perceptions of social cohesion among Europeans and explains variations in those perceptions by considering the separate and combined effects of economic strain and institutional trust. Analyses were conducted with the 27 member countries of the EU based on the Eurobarometer 74.1 on poverty and social exclusion conducted in 2010. Results show that individuals living in households experiencing economic strain perceive social cohesion to be weaker than their less economically hard‐pressed counterparts. By contrast, individuals trusting their political institutions perceived there to be higher levels of cohesion. Furthermore, institutional trust substantially moderates the negative relationship between economic strain and perceptions of cohesion. These results are robust to various model specifications. Moreover, extending the analysis revealed that this moderating effect held when considering social relations between the poor and rich and between different racial and ethnic groups. Theoretical and practical implications of the results are discussed.     

Effects of advanced age and dementia on restoration of competence to stand trial

Elderly defendants (age 65+) and defendants with dementia adjudicated incompetent to stand trial and hospitalized for restoration to competence (RTC) often present unique challenges to clinicians charged with their restoration. In this study, we attempted to better identify predictors of successful RTC by building upon previous research correlating increased age with decreased likelihood of RTC. We identified elderly non-demented defendants (n = 31) and defendants diagnosed with dementia (n = 47) from a state database of 1380 individuals hospitalized for competence restoration from 1988–2004. Using regression analysis and correcting for demographic variables and common admission psychiatric diagnoses, we studied the relationship of age at hospital admission and dementia diagnosis on the likelihood of successful RTC. Both advanced age and dementia diagnosis were associated with decreased RTC. After correcting for dementia diagnosis, increased age retained its negative correlation with restoration success. Both elderly non-demented defendants and defendants diagnosed with dementia were significantly less likely to be restored to competence than all other RTC admissions (n = 1302). However, a substantial percentage of both demented and elderly non-demented defendants were successfully restored to competence, potentially justifying restoration attempts for both of these groups of defendants.     

Mixing it up: food mixers, design marks, and when similarity becomes confusion

While the High Court accepted that there was some similaritybetween Kenwood's new kMix mixer and the KitchenAid Artisanfood mixer (the ‘Artisan mixer’) manufactured anddistributed by Whirlpool, it rejected Whirlpool's claims fortrade mark infringement and passing off because such similaritywas insufficient to cause confusion in the mind of the averagedesign conscious consumer, or to cause detriment to the distinctivecharacter or repute of Whirlpool's mark.     

Substantive due process after Gonzales v. Carhart

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment.The Article concludes in Parts II and III that Glucksberg is right to confine substantive due process rights recognition to recognition only of those rights that are deeply rooted in history and tradition.     

Does Dworkin Commit Dworkin's Fallacy?: A Reply to Justice in Robes

In an article entitled ‘Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law’,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing ‘Dworkin's fallacy’.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—‘conventionalism’,‘pragmatism’ and ‘law as integrity’—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that ‘the doctrinal conceptof law is an interpretive concept’. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire.     

Regularities in Eyewitness Identification

What do eyewitness identification experiments typically show? We address this question through a meta-analysis of 94 comparisons between target-present and target-absent lineups. The analyses showed that: (a) correct identifications and correct-nonidentifications were uncorrelated, (b) suspect identifications were more diagnostic with respect to the suspect’s guilt or innocence than any other response, (c) nonidentifications were diagnostic of the suspect’s innocence, (d) the diagnosticity of foil identifications depended on lineup composition, and (e) don’t know responses were nondiagnostic with respect to guilt or innocence. Results of diagnosticity analyses for simultaneous and sequential lineups varied for full-sample versus direct-comparison analyses. Diagnosticity patterns also varied as a function of lineup composition. Theoretical, forensic, and legal implications are discussed.     

Patient competence and professional incompetence: disagreements in capacity assessments in one Australian jurisdiction, and their educational implications

The determination of capacity to make medical, personal and financial decisions has significant individual and social implications. Medical and other health professionals are traditionally relied on by courts and tribunals to provide clinical and psychometric evidence of the presence or absence of capacity, or competence. Concern has long been expressed over the variability of these assessments. A survey of 285 decisions of the Queensland Guardianship and Assessment Tribunal (GAAT) between 2005 and 2008 was conducted to estimate the incidence of disagreement between health professionals in capacity assessments; to provide examples of conflicting assessments and models of assessment used; and to consider the educational implications of disagreements. While the final capacity determinations by the GAAT appear sound, this case series, and other studies in the capacity literature, strongly suggest the need to improve the education of health professionals, especially doctors, at undergraduate and postgraduate levels, in the practical assessment of capacity as a fundamental clinical skill.