A normality bias in legal decision making

It is important to understand how legal fact finders determine causation and assign blame. However, this process is poorly understood. Among the psychological factors that affect decision makers are an omission bias (a tendency to blame actions more than inactions [omissions] for bad results), and a normality bias (a tendency to react more strongly to bad outcomes that spring from abnormal rather than normal circumstances). The omission and normality biases often reinforce one another when inaction preserves the normal state and when action creates an abnormal state. But what happens when these biases push in opposite directions as they would when inaction promotes an abnormal state or when action promotes a normal state? Which bias exerts the stronger influence on the judgments and behaviors of legal decision makers? The authors address this issue in two controlled experiments. One experiment involves medical malpractice and the other involves stockbroker negligence. They find that jurors pay much more attention to the normality of conditions than to whether those conditions arose through acts or omissions. Defendants who followed a nontraditional medical treatment regime or who chose a nontraditional stock portfolio received more blame and more punishment for bad outcomes than did defendants who obtained equally poor results after recommending a traditional medical regime or a traditional stock portfolio. Whether these recommendations entailed an action or an omission was essentially irrelevant. The Article concludes with a discussion of the implications of a robust normality bias for American jurisprudence.     

Developmental validation of a real-time quantitative PCR assay for automated quantification of human DNA

Our laboratory has developed an automated real-time quantitative PCR assay for detecting human DNA. The assay utilizes an in-house, custom-designed TaqMan-MGB sequence-specific probe (CFS-HumRT) and the ABD 7900HT SDS platform. Developmental validation has followed TWGDAM (1) guidelines and demonstrates that the assay is primate specific, is highly sensitive, yields consistent results, and works with human DNA extracted from a variety of body fluid stains. When operating within the dynamic range of the system using high-quality DNA samples. the technique yields similar quantification results to our current QuantiBlot assay with the added benefit of time saving through automation. Furthermore, the QPCR assay identifies how much amplifiable DNA is in a sample and thus has the potential to predict PCR success in downstream applications such as STR analysis.     

Terrorism and mental illness: is there a relationship?

This article examines the connections between mental illness and terrorism. Most social scientists have discounted a causal relationship between mental illness and terrorism. This is not necessarily always the case within terrorism studies, the media, or political circles where the psychology of terrorism is often expressed in the language of mentalisms, and theories of pathologisation continue to exist. This article reaffirms the view that apart from certain pathological cases, there is no causal connection between an individual's mental disorder and engagement in terrorist activity. The individual terrorist's motivations can be explained by other factors, including behavioural psychology. However, there may be a connection between an individual engaging in terrorist activity and developing a mental disorder[s]. Certain stressors that occur because of terrorist activity may result in psychological disturbance in terrorist individuals. These factors may partially explain terrorist group instability and should be taken into account when detaining and interrogating terrorist suspects.     

The Scope of Public Reason

This paper presents two conceptions of the scope of public reason. The narrow view asserts that the ideal of public reason must regulate questions of constitutional essentials and matters of basic justice, but should not apply beyond this limited domain. The broad view claims that the ideal of public reason ought to be applied, whenever possible, to all political decisions where citizens exercise coercive power over one another. The paper questions whether there are any good grounds for accepting the narrow view. I survey and reject three potential reasons. The priority argument for the narrow view claims that constitutional essentials and matters of basic justice are the only proper subjects of public reason because they have a special moral priority for our reasoning about justice. The basic interests argument supports the narrow view by arguing that public reasons only exist at the level of constitutional essentials and matters of basic justice. Finally, the completeness argument defends the narrow view on the grounds that public reason can only be complete if it abstains from most legislative questions. I conclude that there are no good reasons for accepting the narrow view of the scope of public reason, whereas there are several reasons to prefer the broad view.     

The Future of the 'Radical Centre' in Northern Ireland after the Good Friday Agreement

The 1998 Good Friday Agreement has provided a new political dispensation in Northern Ireland. Through the management of the competing aims of unionism and nationalism, the Agreement hopes to promote cross-community consensus and forge a new, moderate centre. However, the segmental autonomy evident under the consociationalism of the Agreement poses questions of the existing political centre in Northern Ireland. Traditionally, the centre, as represented by the Alliance Party, has rejected unionism and nationalism, believing either to be ideologies to be overcome, rather than accommodated. Under the post-Agreement political arrangements, Alliance has already been obliged to bolster pro-Agreement unionism, through the temporary tactical redesignation of three of its Assembly members as Unionist and through tacit support for selected unionist election candidates. Using the first ever membership survey of the existing centre party in Northern Ireland, this article examines whether its vision of a radical third tradition is sustainable in a polity in which unionist and nationalist politics are legitimised.     

Politics and the Media in Postcommunist Russia

The evidence of a nationally representative survey conducted in April 2001 suggests that television is the medium of choice for most Russians. At least 92 per cent watch at least several times a week, with state channels more popular than those in commercial ownership. The media enjoy a high level of trust, and there is widespread agreement that they should adopt a stabilising role in society rather than simply report developments. Television is the main source of information when Russians make their electoral choices; there are accordingly considerable implications in the extent to which pro-Kremlin candidates and parties enjoy the support of the state media, which in turn are the favourite viewing of the voters that support them.     

The Impact of Proportional Representation on Government Effectiveness: The New Zealand Experience

It is often claimed that proportional representation (PR) undermines government effectiveness, including decisional efficacy, fiscal prudence, electoral responsiveness and accountability. Drawing on New Zealand's experience since the introduction of a mixed-member proportional (MMP) electoral system in 1996, this article examines the impact of the new voting system on government effectiveness. Although government durability has been substantially reduced and the policy-making process has become more complex, governments under MMP appear to be no less able to address major policy problems or respond to changing economic circumstances. Moreover, New Zealand has maintained continuous fiscal surpluses under MMP — a radical departure from the protracted, and often large, deficits that characterised the previous two decades under a majoritarian electoral system.     

Turnout and Representation Bias in Post-communist Europe

Electoral participation has been declining in post-Soviet Europe as in almost all of the established democracies. Patterns of electoral abstention in Russia, Belarus and Ukraine reflect those in other countries, but show particularly strong effects for older age. Not only do older electors vote more often, they also have distinctive views on matters of public policy, particularly on the economy but also on the Soviet system, strong leadership and hypothetical membership of the European Union. These differences are diminished but nonetheless generally remain statistically significant even when socio-economic controls are introduced. These differences may be seen as a 'representation bias' that advantages particular sections of the electorate and the views with which they are associated. The particular forms that are taken by this bias in post-communist societies may be transitory, but here as elsewhere lower levels of turnout will continue to impart a significant bias to the extent to which some views rather than others are articulated within the political process.