Moore��s Moral Facts and the Gap in the Retributive Theory

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised.     

Experimental Estimation of Heterogeneous Treatment Effects Related to Self‐Selection

Social scientists widely regard the random‐assignment experiment as the gold standard for making causal inferences about the world. We argue that it can be improved. For situations in which self‐selection and heterogeneity of treatment effects exist, an alternative experimental design that retains random assignment to treatment or control and supplements it with some self‐selection of condition offers a clear advantage. It reveals the average treatment effect while also allowing estimation of the distinct effects of the treatment on those apt and inapt to experience the treatment outside the experimental context.     

When Money Cannot Encourage Participation: Campaign Spending and Rolloff in Low Visibility Judicial Elections

Debates about the role of money in politics are commonplace. Although some critics point to the potentially negative impact spending has in elections, most recent scholarly evidence indicates that spending may actually promote greater participation in the political process. However, most of this research has uncovered this relationship in races for more visible offices; few studies have focused on whether the same linkage is present in low-information elections. For a variety of reasons, it is not altogether certain whether this relationship would exist for such offices. To test this proposition, we examine the impact of campaign spending on voter rolloff in 172 contested races for intermediate appellate courts (IAC) between 2000 and 2008. In contrast to other types of elections, combined candidate spending in these races had no effect on ballot rolloff.     

Explaining the unpopularity of public funding for congressional elections

This article uses data from the 2008 Cooperative Congressional Election Study to explain weak support for public financing of congressional campaigns. Previous studies lack theory to explain variation in support and use a flawed measure of the dependent variable. We argue that low support reflects a failure resulting from a collective action dilemma. Citizens desire a campaign finance system that weans politicians from private donors, but are unwilling to pay a small amount in taxes to support public financing. In contrast to conventional wisdom, we show that support for public financing is highest among those perceived to benefit the most from the current system. Our results suggest that most Americans would rather not pay for politics, and that reform proposals must avoid incurring transparent costs on individual citizens to pay for reform.     

Using Gas Chromatography with Ion Mobility Spectrometry to Resolve Explosive Compounds in the Presence of Interferents*

Abstract: Ion mobility spectrometry (IMS) is a valued field detection technology because of its speed and high sensitivity, but IMS cannot easily resolve analytes of interest within mixtures. Coupling gas chromatography (GC) to IMS adds a separation capability to resolve complex matrices. A GC‐IONSCAN^® operated in IMS and GC/IMS modes was evaluated with combinations of five explosives and four interferents. In 100 explosive/interferent combinations, IMS yielded 21 false positives while GC/IMS substantially reduced the occurrence of false positives to one. In addition, the results indicate that through redesign or modification of the preconcentrator there would be significant advantages to using GC/IMS, such as enhancement of the linear dynamic range (LDR) in some situations. By balancing sensitivity with LDR, GC/IMS could prove to be a very advantageous tool when addressing real world complex mixture situations.     

The role of broken homes in the development of self-control: A propensity score matching approach

Criminologists have frequently identified broken homes as a risk factor for involvement in crime and delinquency. The association between broken homes and antisocial behavior has been replicated in numerous studies, and despite being entrenched within the study of delinquency, there is a lack of research examining its impact on the development of self-control. This is somewhat surprising given that low self-control has been shown to be a robust and consistent predictor of antisocial behavior. We address this void in the literature by examining the role of broken homes in the development of self-control in early childhood using propensity score matching. Analysis of the Fragile Families and Child Wellbeing Study revealed a statistically significant association between broken homes and the development of self-control prior to matching. After matching on six key maternal and paternal covariates, the association between broken homes and levels of self-control was no longer statistically significant. We discuss what these findings mean for criminological theories.     

Juvenile arrest rates for burglary: A routine activities approach

Juveniles comprise a substantial portion of the offenders arrested for burglary in the United States each year. Using a Hierarchical Multivariate Linear Model, the current research examines juvenile burglars, by gender, utilizing a routine activities approach. This analysis was performed using data on the thirty five largest cities in Texas, between 1990 and 2004. Increased incidents of juvenile arrests for burglary, in both genders, occurred where there were high levels of poverty and low levels of female headed households. Juvenile males appeared to be arrested more for burglary in areas where there were high levels of unemployment and non-white individuals, while juvenile females were arrested for burglary in places where there were higher numbers of males between the ages of 19 and 24 years. Results suggest that the current measures of routine activities theory better explains variation in juvenile male arrests for burglary.     

Why Evolutionary Biology Is (So Far) Irrelevant To Legal Regulation

Evolutionary biology – or, more precisely, two (purported) applications of Darwin’s theory of evolution by natural selection, namely, evolutionary psychology and what has been called human behavioral biology – is on the cusp of becoming the new rage among legal scholars looking for interdisciplinary insights into the law. We argue that as the actual science stands today, evolutionary biology offers nothing to help with questions about legal regulation of behavior. Only systematic misrepresentations or lack of understanding of the relevant biology, together with far-reaching analytical and philosophical confusions, have led anyone to think otherwise. Evolutionary accounts are etiological accounts of how a trait evolved. We argue that an account of causal etiology could be relevant to law if (1) the account of causal etiology is scientifically well-confirmed, and (2) there is an explanation of how the well-confirmed etiology bears on questions of development (what we call the Environmental Gap Objection). We then show that the accounts of causal etiology that might be relevant are not remotely well-confirmed by scientific standards. We argue, in particular, that (a) evolutionary psychology is not entitled to assume selectionist accounts of human behaviors, (b) the assumptions necessary for the selectionist accounts to be true are not warranted by standard criteria for theory choice, and (c) only confusions about levels of explanation of human behavior create the appearance that understanding the biology of behavior is important. We also note that no response to the Environmental Gap Objection has been proffered. In the concluding section of the article, we turn directly to the work of Owen Jones, a leading proponent of the relevance of evolutionary biology to law, and show that he does not come to terms with any of the fundamental problems identified in this article.