Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

Deaths of Despair: Gang Violence after the Crack Crisis

Critical Criminology - The end of the crack-cocaine crisis and collapse of open-air urban drug markets over the last two decades have reshaped the contours of gang life and gang violence in the...     

New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

The Inefficiency of Quasi–Per Se Rules: Regulating Information Exchange in EU and U.S. Antitrust Law

It is well understood that the exchange of information between horizontal competitors can violate competition law provisions in both the European Union (EU) and the United States, namely, article 101 of the Treaty on the Functioning of the European Union and section 1 of the Sherman Act. However, despite ostensible similarities between EU and U.S. antitrust law concerning interfirm information exchange, substantial differences remain. In this article, we make a normative argument for the U.S. antitrust regime's approach, on the basis that the United States’ approach to information exchange is likely to be more efficient than the relevant approach under the EU competition regime. Using economic theories of harm concerning information exchange to understand the imposition of liability in relation to “stand-alone” instances of information exchange, we argue that such liability must be grounded on the conception of a prophylactic rule. We characterize this rule as a form of ex ante regulation and explain why it has no ex post counterpart in antitrust law. In contrast to the U.S. antitrust regime, we argue that the implementation of such a rule pursuant to EU competition law leads to higher error costs without a significant reduction in regulatory costs. As a majority of jurisdictions have competition law regimes that resemble EU competition law more closely than U.S. antitrust law, our thesis has important implications for competition regimes around the world.     

War-Power Reform in Australia: (Re)considering the Options

The decision to go to war in Australia remains the prerogative of the Executive. The lack of parliamentary authorisation of perhaps the most significant decision a democracy can make has seen sustained, but unsuccessful, efforts to reform legislation. In the wake of the costly invasion and occupation of Iraq in 2003, repeated calls for legislative reform of Australia's war powers have failed to find traction amongst Coalition and Australian Labor Party (ALP) leadership. Lamenting the lack of transparency and accountability in the current system, those favouring legislative reform would see authorisation of combat missions placed in the hands of Parliament. However, given the lack of support from either of the major parties, any legislative reform remains unlikely. Given this impasse, this article argues that a compromise option, in the form of a new war-powers convention, may be a small step towards democratising the decision of going to war. While not legally binding, this constitutional convention would represent an agreement by the major parties that overseas combat operations will be properly debated in Parliament.     

‘Let's Win this Game Together’: Children's Rights Violations,Macro‐Securitisation and the Transformative Potential of the 2014 FIFA World Cup in Brazil

Sport's transformative potential is known to support marginalised children, to deal with traumatic experiences and instil positive values; yet hosting mega sporting events (MSEs) can have negative impacts. Drawing on participatory research with favela‐based children during the 2014 World Cup in Brazil, this article argues that MSEs bring a macro‐securitisation of urban life, which causes considerable harm. This paper also suggests that the inclusion of children's voices in advocacy debates can challenge top‐down securitisation and might allow MSEs to foster further positive social transformation. Therefore, juxtaposed with causing harm, macro‐securitisations can open opportunities for children to take action and have their voices heard.