Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a ‘genetic vulnerability for impulsive aggression’, the expectation was expressed that such ‘genetic defenses’ would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international ‘neurolaw literature’ the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.     

Opening the Black Box Between Justice and Reactions to Unfavorable Outcomes in the Workplace

Though several studies have shown that the perception of social justice can effectively reduce negative attitudinal and behavioral reactions to an unfavorable outcome, few studies have tried to empirically test explanations of this mitigating effect. The present study was undertaken to fill this gap by examining under what conditions social justice suppresses negative reactions, such as exit, neglect, and aggressive voice, and stimulates positive reactions, such as considerate voice and patience. Two potential moderators were derived from the control model (Thibaut and Walker, 1975, 1978) and the group-value model (Lind and Tyler, 1988, Tyler and Lind, 1992). Ninety-eight teachers participated in the study. Results support the hypotheses that overall procedural and distributive justice discourage negative reactions, particularly when employees value control or standing, or both. Moreover, distributive justice stimulates positive reactions (i.e., considerate voice) when employees value control. Theoretical and practical implications of these findings are discussed.     

Preface

Law and Philosophy -     

Gender and Negotiation in the Small: Are Women (Perceived to Be) More Cooperative than Men?

We surveyed research by experimental economists that examines gender differences in negotiation in the context of two simple, two-player games. Our purpose is to uncover empirical regularities in the results that might be useful to teachers or practitioners of negotiation. In the dictator game, one player unilaterally determines the division of a fixed amount of money. In the ultimatum game, one player offers a division and the other must accept or reject that offer; if rejected, both players receive a zero payoff. The results have shown that, on balance, women tend to be more egalitarian than men, to expect and ask for less in the negotiation. Women also seem to be more responsive to the context of a negotiation and are less likely to fail to reach an agreement than men. These differences are small, however, in comparison with differences in expectations about what women and men will do. We conclude that stereotyping is alive and well in negotiations and that this can help or hinder negotiation outcomes, depending on the context.     

Symposium on Replication in International Studies Research

The following symposium tackles an important debate in the field of international studies research and in social science research more broadly. Originating as presentations at the 2002 International Studies Association meetings in New Orleans, the following set of papers examines issues concerning the potential replication of research results from a number of different conceptual and technical perspectives. It also spans an array of journals and journal editors in our field that confront issues of replication on a regular basis. The interactions generated by this symposium have already led to the agreement, detailed at the end of the symposium among the four leading internations relations journals to adopt a single common replication policy. The editors of these journals challenge others to follow their lead. The Editors of ISP hope that this symposium begins a larger discussion on these issues and invites commentary from interested scholars. Lastly, I want to thank Nils Petter Gleditsch for soliciting, organizing, and coordinating the contributions to this symposium. Without his work, this project would not have come to fruition as quickly or in as insightful a fashion. Three anonymous reviewers also provided detailed comments on the entire set of articles in this symposium. We are indebted to the care and effort they gave to the project. Mark A. Boyer For the Editors of ISP