Plaintiff injury and defendant reprehensibility: Implications for compensatory and punitive damage awards

A criticism of the civil jury is that jurors' decisions about damages are capricious and arbitrary. In particular, critics point to the skyrocketing nature of punitive damage assessments as evidence of a system run amok. The purpose of this study was to examine the factors that influence jurors' decisions about compensatory and punitive awards. We assess whether, as the law intends, jurors' decisions about compensation are influenced by the severity of the plaintiff's injury but not by the reprehensibility of the defendant's conduct, and whether assessments of punitive damages are related to the defendant's conduct but not to the plaintiff's injury. Across three cases, mock jurors generally utilized relevant information and ignored irrelevant factors in their decisions about damages. Results are discussed in terms of the extent to which juror decision making comports with legal doctrine.     

Assessing the Application of the Principles of Non-discrimination and Gender Equality in Relation to Devolution of Land upon Death in Nigeria

Liverpool Law Review - The Constitution of the Federal Republic of Nigeria 1999 (as amended), guarantees the right to freedom from discrimination. Similarly, the Land Use Act 2004, which is the...     

From Brigade to Service: An Examination of the Role of Fire and Rescue Services in Modern Local Government

Over the last ten years, local government modernisation and the growth of community safety agendas have called for change in the public sector at a local level. This has been typified by partnership work, improvement and inspection and community governance. The fire and rescue services, despite some initial cultural difficulties, haveworked hard to adapt themselves to modern local government, for example through community fire safety work, which is presented as a case study. However, the culmination of the modernisation project, Comprehensive Area Assessment, does not favour the fire and rescue service, and to an extent excludes them from its formula. In this light, it seems that there is little incentive for the Fire Service to continue its modernising trajectory.     

A Call for Help: Women Offenders' Reflections on Trauma Care

Female prisoners have extensive trauma histories and complex treatment needs that contribute to their criminality, yet trauma screening and treatment is not widespread in prisons. This article examines qualitative data gathered from face-to-face interviews with 31 female offenders in Canadian prisons. Using a grounded theory approach we demonstrate an unmet need for trauma-specific services for female offenders. These services go beyond trauma-informed practice and treat the psychological and behavioral sequelae of trauma exposure (e.g., mental illness and addictions) to facilitate recovery. The findings suggest that women in prison want and need specific treatment for trauma exposure. Integrating trauma-specific services involves a cultural shift within the prison environment that might be achieved by positioning trauma within the risk–need–responsivity model as an additional risk factor for criminality. Although counter to the public health perspective that trauma is a health concern, it is a way to ensure that trauma becomes part of the battery of care in corrections so that the needs of traumatized women are addressed while they are in custody. This was a unique opportunity to learn about what women would like to help deal with their experiences of trauma.     

The influence of prior record evidence on juror decision making

Several researchers have investigated the impact of evidence of prior convictions on jurors' decision making. Very little is known about a related issue, the impact of prioracquittal evidence introduced by the prosecution on jurors' decisions. The Supreme Court recently held (Dowling v. U.S., 1990) that the admission of prior acquittal evidence does not unfairly prejudice the defendant. We conducted a simulation study to examine the effects of prior record evidence (prior convictions, prior acquittals, and no prior record) on jurors' decisions. We also manipulated the presence of judicial instructions on the limited use jurors can make of extrinsic acts evidence. Mock jurors were more likely to convict the defendant when they had evidence of a prior conviction than when they had evidence of a prior acquittal or no record evidence. This effect was mediated by attributions about criminal propensity. Judge's limiting instructions were ineffective in guiding jurors' use of prior record evidence.