Hayek: The Rule of Law Or the Law of Rules?

Law and Philosophy -     

The Forward Specialization Coefficient: Distributional Properties and Subgroup Differences

For both public policy and theoretical reasons, criminologists have been interested in the degree to which criminal offenders specialize in particular crimes. Traditionally, offense specialization has been measured with the forward specialization coefficient (FSC). Recently, the FSC has been criticized for being interpretationally obtuse and having no known sampling distribution. In this paper we examine both the interpretational and the statistical properties of the FSC. We conclude that (1) it has an intuitive interpretation that is no less useful than either a standard correlation coefficient or its competitors, (2) its sampling distribution is approximately normal, and (3) the conventional formula for the estimated standard error of the FSC may underestimate the true standard error in some circumstances. With these results behind us, we propose and illustrate both a parametric statistical test for the difference between two independent FSCs and two nonparametric alternatives.     

What does “unwilling” to impose the death penalty mean anyway? another look at excludable jurors

The debate regarding the death qualification of juries usually concerns (a) whether death-qualified jurors have different attitudes and values to excludable jurors, or (b) whether death-qualified juries are more prone to convict. A pivotal question is whether excludable subjects in fact willever impose the death penalty. Subjects were presented with five grisly murder vignettes. Only 40% of excludable subjects refused to consider the death penalty in all of the cases, with the remaining 60% indicating they would consider the death penalty in one or more of the cases. It is argued that the majority of individuals currently being excluded from capital trial juries based on their reservations about the death penalty actually would impose the death penalty for serious enough offenses and that they should therefore be allowed to serve on such juries.