Universal Jurisdiction of Spanish Courts over Genocide in Tibet: Can it Work?

The Audiencia Nacional has authorized investigations into actsof genocide committed in Tibet, based on complaints againstthe former President and the former Prime Minister of China.The decision is based on and implements the latest interpretationof the notion of universal jurisdiction by the Spanish ConstitutionalCourt, which does not require any direct link between the crimes,or their alleged authors or victims with Spain. Given the banin Spain on trials in absentia, the institution of criminalproceedings in this case will not lead to any conviction. Moreover,with this decision, the political viability of universal jurisdictionis, once again, put to the test. Nevertheless, criminal prosecutionof alleged genocide in Tibet might reinforce the emerging statepractice accepting the exercise of universal jurisdiction overthe most heinous crimes.     

Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.     

Chaos in The Courtroom Reconsidered: Emotional Bias and Juror Nullification

A widespread presumption in the law is that giving jurors nullification instructions would result in "chaos"-jurors guided not by law but by their emotions and personal biases. We propose a model of juror nullification that posits an interaction between the nature of the trial (viz. whether the fairness of the law is at issue), nullification instructions, and emotional biases on juror decision-making. Mock jurors considered a trial online which varied the presence a nullification instructions, whether the trial raised issues of the law's fairness (murder for profit vs. euthanasia), and emotionally biasing information (that affected jurors' liking for the victim). Only when jurors were in receipt of nullification instructions in a nullification-relevant trial were they sensitive to emotionally biasing information. Emotional biases did not affect evidence processing but did affect emotional reactions and verdicts, providing the strongest support to date for the chaos theory.     

Strategic Use of Evidence During Police Interviews: When Training to Detect Deception Works

Research on deception detection in legal contexts has neglected the question of how the use of evidence can affect deception detection accuracy. In this study, police trainees (N=82) either were or were not trained in strategically using the evidence when interviewing lying or truth telling mock suspects (N=82). The trainees’ strategies as well as liars’ and truth tellers’ counter-strategies were analyzed. Trained interviewers applied different strategies than did untrained. As a consequence of this, liars interviewed by trained interviewers were more inconsistent with the evidence compared to liars interviewed by untrained interviewers. Trained interviewers created and utilized the statement-evidence consistency cue, and obtained a considerably higher deception detection accuracy rate (85.4%) than untrained interviewers (56.1%).     

Returning to Delinquency: Factors Effecting the Survivorship of Juvenile Shoplifters

This article examines a program designed to provide a family court with a means of lessening the probability that youths on probation for shoplifting will return to criminal behavior. A single staff member within the family court screened possible participants, all of whom were defined as first-time shoplifting offenders and had been assigned to formal or informal probation. Each individual was invited to participate in a four-hour clinic, during which time the realities and possible consequences of shoplifting were explained. If they were able to successfully complete six months of supervised probation, then only the administrative record remained; the conviction itself was expunged. Over a period of nine months, a total of 154 juveniles were invited; however, only 100 actually took part in all facets of the program. A total of 30 clinic attendees and 14 nonparticipants were excluded from the present analysis, owing to missing data, or the fact that at the time of follow-up, they were legally classified as adults. The prior and subsequent court contacts of 110 subjects are reviewed. While less than 3% of either group had subsequent shoplifting arrests, nearly 26% of the program group and 35% of the nonparticipants were rearrested. Factors associated with long-term success and failure are examined. Possible reasons for these observations are discussed, with specific grounding in the shoplifting literature and the concepts of juvenile diversion and “net-widening.”     

The 5-year course of intimate partner violence among White, Black, and Hispanic couples in the United States

This article examines the 5-year incidence, prevalence, and recurrence of intimate partner violence (IPV) among White, Black, and Hispanic intact couples in the United States. A national multistage household probability sample of couples, age 18 years or older, was interviewed in 1995 with a response rate of 85%, and reinterviewed in 2000 with a response rate of 72%. Results indicate that the incidence and recurrence of IPV are higher for Blacks and Hispanics than for Whites. Compared to Whites, Hispanics are 2.5 times more likely to initiate IPV between baseline and follow-up and Blacks are 3.7 times more likely to report IPV at baseline and follow-up. Couples reporting severe IPV in 1995 are more likely than others to report severe IPV at follow-up. The rate of recurrence for severe IPV among Black and Hispanic couples is 6 and 4 times higher, respectively, than the rate among Whites. The results suggest that Blacks and Hispanics may be more affected by IPV.     

Child abuse and chronic pain in a community survey of women

This study examined the relationship between a self-reported history of child physical and sexual abuse and chronic pain among women (N = 3,381) in a provincewide community sample. Chronic pain was significantly associated with physical abuse, education, and age of the respondents and was unrelated to child sexual abuse alone or in combination with physical abuse, mental disorder (anxiety, depression, or substance abuse), or low income. Number of health problems and mental health disorders did not mediate the relationship between physical abuse and chronic pain. Despite considerable evidence from the clinical literature linking exposure to child maltreatment and chronic pain in adulthood, this may well be the first population-based study to investigate this relationship for child physical and sexual abuse independently. The significant association between childhood history of physical abuse and pain in adulthood calls for a greater awareness of the potential for chronic pain problems associated with this type of maltreatment. Further research is needed to understand the mechanism for this complex relationship.