Plea bargaining and appraisals of eyewitness evidence by prosecutors and defense attorneys

A sample of defense attorneys and prosecutors from matched California counties participated in a two-part study. Study 1A reports the results of a survey regarding how influential each of the 17 eyewitness factors is in affecting the accuracy of real eyewitness identifications. Generally, both attorney groups considered all eyewitness factors to be influential; on only 6 of the 17 factors were defense attorneys more likely than prosecutors to provide higher importance ratings. In Study 1B, the attorneys answered questions regarding their willingness to plea bargain after reading each of four scenarios in which (1) same- versus cross-race identification and (2) whether the perpetrator was familiar were experimentally manipulated. Both eyewitness factors influenced plea bargaining decisions, and effects were generally consistent for both attorney groups. Results confirm that plea bargaining decisions at least by defense attorneys are made ‘in the shadow of the trial,’ and that appraisals of the strength of eyewitness evidence play a significant role in these decisions.     

How the CT Community Failed to Anticipate the Islamic State

This article is a critique of the dominant approach within the counter-terrorism (CT) community that failed to analyze IS’s trajectory as a distinct group since at least 2006. We argue that two factors account for this failure. The first concerns the Authorization for the Use of Military Force (AUMF), the law that was enacted in the wake of the 9/11 attacks, providing options to the U.S. President to authorize the use of Armed Forces “against those responsible” for the 9/11 attacks. We contend that this law served as an incentive to lump regional jihadi groups under the AQ umbrella instead of discerning their differences. The second factor concerns what we term as the “al-Qa‘ida fixation,” it has to do with a post-9/11 bias towards understanding the threat emanating from jihadi groups around the world through the lens of AQ. This translated into falsely constructing a so-called “al-Qaeda Central” in the business of ‘franchising’ its brand and cloning its violent operations by establishing regional jihadi groups that served as its “affiliates” and carried out its orders. In the post-9/11 era, these two factors fed off each other. Our critique is not meant to suggest that the CT community is expected to predict the unpredictable, and we also recognize that one gains greater clarity with the benefit of hindsight. However, we argue that had the CT community given due attention to the differences between jihadi groups, there was ample evidence in the open source realm that was pointing to IS being AQ’s bête noire, and was seeking to outbid it.     

Mapping the Nexus of Transitional Justice and Peacebuilding

ABSTRACT

This article explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. It examines the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. It highlights that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship in each field has developed largely in parallel to each other, and often without any significant engagement between the fields of inquiry. The article also notes that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. It is suggested that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peacebuilders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.