L’Oeuvre de Jerzy Wróblewski: Aux confins du paradigme analytique

Sans résumé     

Nonmission–Based Values in Results–Oriented Public Management: The Case of Freedom of Information

Since the 1940s, Congress and the federal courts have sought to make U.S. federal administration more responsive to democratic–constitutional values, including representation, participation, transparency, and individual rights. As manifested in the National Performance Review, the New Public Management emphasis on results may reduce attention to these values, which for most agencies are not intrinsically mission–based. Freedom of information illustrates the problem of protecting nonmission–based, democratic–constitutional values in results–oriented public management. Agencies' annual performance plans under the Government Performance and Results Act overwhelmingly ignore freedom of information, even though it is a legal requirement and performance measures for it are readily available. This study concludes that focusing on results may weaken commitment to democratic–constitutional values by default. It suggests that using a balanced scorecard approach in performance plans could enhance attention to freedom of information and other democratic–constitutional values.     

Battered women who kill

This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom proceedings including witness cross-examination and jury deliberation proceedings. The type of plea entered was varied and reflected either self-defense, automatism, or a hypothetical plea of psychological self-defense. The severity of abuse incurred by the defendant was also varied along with expert testimony. Jurors more frequently found the defendant not guilty when a plea of automatism was entered compared to a plea of self-defense. The frequency of acquittals following a plea of psychological self-defense resulted in more acquittals than the self-defense plea but significantly fewer than the automatism plea. The likelihood of acquittal increased under conditions of severe abuse as opposed to moderate abuse. Expert witness testimony was observed to influence verdicts during juror deliberations.