Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.     

The effects of stealing thunder in criminal and civil trials

The effectiveness of a persuasion technique referred to asstealing thunder was assessed in two simulated jury trials. Stealing thunder is defined as revealing negative information about oneself (or, in a legal setting, one's client) before it is revealed or elicited by another person. In Study 1, 257 college students read or heard one of three versions of a criminal assault trial in which a damaging piece of evidence about the defendant was absent (no thunder), brought up by the prosecutor (thunder), or brought up by the defense attorney and repeated by the prosecutor (stolen thunder). In Study 2, 148 college students heard a civil negligence trial in which damaging evidence about the key plaintiff's witness was absent (no thunder), brought up by the defendant's attorney (thunder), or brought up by the witness himself (stolen thunder). In both studies, stealing thunder significantly reduced the impact of the negative information. A path analysis of the processes underlying the effect suggested that verdicts were affected because of enhanced credibility.Often a difficult decision in opening statements is whether, and if so how, to volunteer weaknesses. This involves determining your weaknesses and predicting whether your opponent intends to use them at trial. There is obviously no point in volunteering a weakness that would never be raised at trial. Where, however, that weakness is apparent and known to the opponent, you should volunteer it. If you don't, your opponent will, with twice the impact. (Mauet, 1992, pp. 47–48)We would like to thank Michelle Cox, Gim Koay, Dana Koay, and Ralph Mueller for their helpful input. Thanks also to Irv Horowitz and Steve Karau for their comments on earlier drafts.     

The Far North Act in Ontario,Canada: a sons of the soil conflict in the making?

In 2010, the Government of Ontario, Canada passed the controversial Far North Act. The Act purportedly aims to promote land use planning and sustainable development while recognising Aboriginal and Treaty rights. There are, however, early warning signs that the Act could be a breeding ground for future conflict between Indigenous peoples and other stakeholder groups. This article adopts a ‘sons of the soil’ conceptual framework to explore the mechanisms that could give rise to the escalation of Indigenous vs. non-Indigenous conflict. The findings provide important insights for theorising the contentious politics around land and territory in diverse settler-colonial contexts.     

Origin,Analytical Characterization,and Use of Human Odor in Forensics

Developing a strategy to characterize the odor prints of individuals should be relevant to support identification obtained using dogs in courts of justice. This article proposes an overview of the techniques used for the forensic profiling of human odor. After reviewing the origin of human odor—both genetic and physiological—the different analytical steps from sample collection to statistical data processing are presented. The first challenge is the collection of odor, whether by direct sampling with polymer patches, cotton gauze, etc., or indirect sampling with devices like Scent Transfer Unit. Then, analytical techniques are presented. Analyses are commonly performed with gas chromatography coupled with mass spectrometry. As they yield large amounts of data, advanced statistical tools are needed to provide efficient and reliable data processing, which is essential to give more probative value to information.     

Introduction to special section on the biological standard of living

In December 2008 the WOG Historical Demography organised a workshop at Ghent University that covered a wide range of topics from fertility trends and kinship characteristics to health issues. The presentations and discussions that took place at the workshop provided the inspiration for this special section on the biological standard of living. The articles in this section offer valuable contributions for three of those biological measures: height, mortality and cause of death. The introduction to the section demonstrates the significance of this particular kind of evidence for our understanding of social and economic history. Exploring and analysing the well-being of populations is one of the most interesting and main challenges of social scientists. As the articles in this special section show, using historical evidence on the health and height of a population is extremely important for our understanding of certain socio-economic processes, but also extremely complex.     

Introduction to special section on the biological standard of living

In December 2008 the WOG Historical Demography organised a workshop at Ghent University that covered a wide range of topics from fertility trends and kinship characteristics to health issues. The presentations and discussions that took place at the workshop provided the inspiration for this special section on the biological standard of living. The articles in this section offer valuable contributions for three of those biological measures: height, mortality and cause of death. The introduction to the section demonstrates the significance of this particular kind of evidence for our understanding of social and economic history. Exploring and analysing the well-being of populations is one of the most interesting and main challenges of social scientists. As the articles in this special section show, using historical evidence on the health and height of a population is extremely important for our understanding of certain socio-economic processes, but also extremely complex.