The Sociologist as Story Teller: The Broken Foster Care System Used as Mitigation at Criminal Trial

This paper describes the role a sociologist in a capital murder case involving a defendant who was in foster care and adoption for most of his youth. The author of this paper worked as a sociologist/ mitigation expert in this case. The circumstances of his tragic life leading up to and in the foster care system is presented as mitigation. A literature review on the issues surrounding foster care, presented here, was developed and given to all experts and attorneys working on this case. These issues were to be presented whenever appropriate in their testimony or questioning, during both the guilt and penalty phase. The jury found him guilty of two counts of first degree murder; but voted for life during the sentencing phase. The utility of sociology in criminal cases in general is discussed.     

Emotion,Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations

This article explores the role of emotion in the capital penalty‐phase jury deliberations process. It is based on the qualitative analysis of data from ninety video‐recorded four to seven person simulated jury deliberations that examined the influence of race on death sentencing outcomes. The analysis explores when and how emotions are expressed, integrated into the jury's sentencing process, and deployed in penalty‐phase decision making. The findings offer critical new insights into the role that emotion plays in influencing these legal judgments by revealing how jurors strategically and explicitly employ emotion in the course of deliberation, both to support their own positions and neutralize or rebut the opposing positions of others. The findings also shed light on the various ways that white male capital jurors utilize a panoply of powerful emotion‐based tactics to sway others to their position in a manner that often contributes to racially biased outcomes.     

Categorical Municipal Expenditures with a Focus on the Flypaper Effect

Using data for Wisconsin cities and villages the effects of grants in aid from state government on 10 categories of municipal expenditures are examined. We build on the traditional grants in aid public finance literature by looking for evidence of the flypaper effect. By focusing on the Wisconsin state shared revenues program, a pure grant of considerable size for many Wisconsin municipalities, we offer a clean test of the flypaper effect. We find a positive flypaper effect on 8 of the 10 categorical expenditures. We also find the impact of unconditional grants on categorical expenditures is stronger on nonessential “luxury” goods (e.g., parks and recreation, culture, and educational services) than on essential “normal” municipal goods (e.g., police and fire protection).     

Adorno,Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised

This article argues—against the present compatibilist orthodoxy in the philosophy of criminal law—for the contemporary relevance of a kind of critique of criminal law known as the ‘determinist challenge’, through a reconstruction of Theodor Adorno’s thought on freedom and determinism. The article begins by considering traditional forms of the determinist challenge, which expressed a widespread intuition that it is irrational or inappropriate for the criminal law to hold people responsible for actions that are causally determined by social and psychological forces in such a way that they cannot be said to have acted freely. Yet as traditionally presented it was possible for its opponents to interpret this challenge as an incompatibilist position within the traditional free will/determinism debate, and to present compatibilist arguments against it—in particular, that the determinist challenge is unmotivated and has implausible implications. It is argued that these compatibilist objections hold only on a certain interpretation of the determinist challenge, but that this interpretation is not the only one available. Adorno’s distinctive position on freedom and determinism is presented as an alternative version of the challenge, which cannot be assimilated to the terms of the traditional compatibilist/incompatibilist disputes. This novel, ‘metacritical’ version of the determinist challenge is essentially a social–historical, not metaphysical, thesis about the moral significance of the freedom-undermining effects of modern social forms. As such, it is argued, it is invulnerable to the usual compatibilist objections, and presents a serious challenge to our criminal legal institutions.     

Black Spiders Weaving Webs: The Constitutional Implications of Executive Veto of Tribunal Determinations

In R (Evans) v Attorney General, the Supreme Court quashed the Attorney General's statutory veto of the Upper Tribunal's original determination made under freedom of information legislation. The Upper Tribunal had held that so‐called ‘advocacy’ memos should be published after a full hearing on the merits. The Supreme Court split five to two, with the lead judgment of Lord Neuberger using constitutional rather than administrative language and focusing on the rule of law. This note raises four objections to the lead judgment. First, it argues that the Upper Tribunal was acting in an executive not judicial capacity and the veto was not therefore a breach of the rule of law. Secondly it suggests the veto clause is best understood as a variant Henry VIII clause. Thirdly, it suggests Lord Neuberger's judgment is founded on a paradox. Finally, it argues that the judgment undermines parliamentary sovereignty. Future implications are then considered.     

Juvenile Waiver 2014: A Review of State Statutes

Juvenile waiver has received much attention from the public, practitioners, and scholars. Prior studies have documented the increased use and effects of waiver. In this study we examine the current state of the law regarding juvenile waiver. We replicate 1995 and 2003 studies that examined state waiver statutes and detail the changes in prosecutorial, judicial, and legislative waiver since 2003. While the juvenile crime rate has dropped dramatically, it is unclear why legislatures’ fascination with juvenile waiver has also decreased. In this study we determine that juvenile waiver remains popular with legislatures, although there are signs of change.     

One Quintillion Ways to Have PTSD Comorbidity: Recommendations for the Disordered DSM-5

Galatzer-Levy and Bryant (Perspect Psychol Sci 8:651–662, 2013) have calculated the number of ways that Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5; American Psychiatric Association, 2013) posttraumatic stress disorder (PTSD) symptoms can be combined as over 600,000. They concluded that the amount is astounding and the category is rendered amorphous. PTSD often occurs in the context of polytrauma or comorbidity. The epidemiological literature indicates that the most common comorbid conditions in cases of PTSD include major depressive disorder (MDD), chronic pain, neurocognitive disorder due to traumatic brain injury (e.g., mild), and alcohol use disorder, with premorbid personality disorder possible, as well (which we consider as exacerbated due to the traumatic incident at issue, as in borderline personality disorder). We calculated the possible symptom combinations for each of these disorders and then in comorbid combination with PTSD (e.g., PTSD with MDD, but also when all six conditions are present). The number of symptom combinations in full polytrauma involving all six conditions listed is truly astounding, over one quintillion. Also, we reviewed the range of PTSD comorbidities, which adds to the symptom heterogeneity in cases. We make recommendations to prioritize symptoms in disorders as primary (e.g., unique, marker), secondary (e.g., core essential), and tertiary (e.g., common, cross-diagnostic). The latter tertiary type of symptoms in a disorder, if any, should be kept apart in its own criterion. This approach might help make the next version of the DSM more clinically useful both to clinicians and to court.     

Office and Policy at the Expense of Votes: Plaid Cymru and the One Wales Government

This paper will examine Plaid Cymru's experience in government from 2007 to 2011. Drawing on literature on autonomist parties, parties in government for the first time, and Strøm and Müller's policy/office/votes framework, the paper examines where strategic 'trade-offs’ were made and what the consequences of such trade-offs were. The paper takes a qualitative approach, using semi-structured interview and documentary data. The paper finds that Plaid Cymru valued the policy-seeking potential of office at the expense of vote-seeking ones because of the importance of 'autonomist' goals, namely the 2011 referendum which saw primary law-making powers granted to the Welsh Assembly. Furthermore, the experience of governmental office exposed organizational vulnerabilities in the party's leadership structures which undermined the ability to construct an effective vote-winning strategy at the 2011 Welsh election, where the party lost four seats.     

Management knowledge and the organization of team science in university research centers

Increasingly, principal investigators are tasked by funding agencies not only to expand knowledge in a particular field of inquiry, but also to manage and coordinate sets of diverse actors, including researchers with different disciplinary backgrounds and with different institutional affiliations. This paper addresses how principal investigators organize and manage sets of diverse researchers in university research centers. The premise of the paper is that centers possessing “management knowledge”—as embodied in principal investigators themselves and in colleagues and subordinates (e.g. past experiences in centers, industry, formal management training and professional experience)—will demonstrate different structural and managerial characteristics when compared to centers without management knowledge. Based on interviews and documents for a purposive sample of centers established by the US National Science Foundation, the study investigates the organization and management of centers as a function of the presence and type of management knowledge of the center directors across multiple cases. Implications for addressing common challenges to team science in university research centers and comparable arrangements are discussed.     

Correction to: A Two-Way Street? Reciprocal Associations Between Parental Warmth and Hostility with Substance Use Among Justice-Involved Adolescents

Journal of Youth and Adolescence -