Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength

The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.     

Explaining the unpopularity of public funding for congressional elections

This article uses data from the 2008 Cooperative Congressional Election Study to explain weak support for public financing of congressional campaigns. Previous studies lack theory to explain variation in support and use a flawed measure of the dependent variable. We argue that low support reflects a failure resulting from a collective action dilemma. Citizens desire a campaign finance system that weans politicians from private donors, but are unwilling to pay a small amount in taxes to support public financing. In contrast to conventional wisdom, we show that support for public financing is highest among those perceived to benefit the most from the current system. Our results suggest that most Americans would rather not pay for politics, and that reform proposals must avoid incurring transparent costs on individual citizens to pay for reform.     

Historical apologies as acts of symbolic inclusion – and exclusion? Reflections on institutional apologies as politics of cultural citizenship

Institutional apologies for historical injustices can be conceived as acts of symbolic inclusion directed to people whose collective experiences and memories of the past have not been recognized in the hegemonic narratives of the past. However, in this article it is argued that such apologies also have exclusionary potential as vehicles of symbolic politics of citizenship in that they may designate the apologizing community, so that it effectively excludes cultural ‘aliens’, like migrants, from the community of ‘remedial’ citizens. The article suggests a crucial point is the rhetoric shifts when one is appealing to both cultural and political solidarity, as when apologizing in the name of the state but simultaneously invoking ‘our’ nation and ‘our’ history. Thus, the increasing number of institutional historical apologies is not necessarily incompatible with the trend of reinforcing the symbolic boundaries around ‘our’ historical–cultural communities that has been visible recently, e.g. in the demands for cultural canons and citizenship tests in many Western societies.     

情势变更原则的类型化研究

情势变更原则具有内涵抽象、标准不明、极易被滥用的弊端,在理论和实践上具有极大争议。为正确把握情势变更原则的适用条件,妥当设置情势变更原则适用的法律后果,除参考各国立法例和理论研究成果之外,还应以总结裁判经验为最有效的研究方法。在研究判决材料的基础上,认知司法者对情势变更原则的理解程度和行动取向,可以为我国司法实践正确处理情势变更问题提供稳妥且具有可操作性的学理指引。     

Cascading Bias of Initial Exposure to Information at the Crime Scene to the Subsequent Evaluation of Skeletal Remains,

Thirty‐eight participants took part in a study that investigated the potential cascading effects of initial exposure to extraneous context upon subsequent decision‐making. Participants investigated a mock crime scene, which included the excavation of clandestine burials that had a male skeletal cast dressed either in female or gender neutral clothing. This was followed by a forensic anthropological assessment of the skeletal remains, with a control group assessing the same male skeletal cast without any clothing context. The results indicated that the sex assessment was highly dependent upon the context in which participants were exposed to prior to the analysis. This was especially noticeable in the female clothing context where only one participant determined the male skeletal cast to be male. The results demonstrate the importance of understanding the role of context in forensic anthropology at an early stage of an investigation and its potential cascading effect on subsequent assessments.     

Perceptions of suspect statements: a comparison of exposed lies and confessions

Confrontational interrogation techniques seek to produce a confession, while investigative interviews focus on information gathering and/or catching suspects in lies. Confessions obtained during interrogations are potent for securing a defendant’s conviction. However, the goal of investigative interviews is not to produce a confession, yet it is unknown if their outcome (e.g. exposed lies) is as effective in court as that of an interrogation (i.e. a confession). In two studies, mock jurors read case summaries wherein a defendant was accused of murder and terrorist activities. In both cases, the statement a defendant made during a police interview was manipulated: The defendant either lied or not and either confessed or not. Participants then rendered a verdict and were asked about the probative value of several pieces of supporting evidence. Results were similar across both studies with more convictions when the defendant lied, confessed, or did both relative to when the defendant produced a statement without lies and without a confession. Furthermore, we found that perceptions of supporting evidence mediated the effect of exposed lies on culpability, but this was not the case for confessions. These findings illustrate the positive qualities of presenting exposed lies in court, diminishing the need for a confession.     

Public-Sector Reform: Employment Security and Quality of Decision Making in the Australian Taxation Office

This article examines the impact of structural reforms and industrial relations changes on the employment security and decision behaviors of middle-level managers in the Australian Taxation Office (ATO). This article is based on an empirical study using focus group and survey data that investigated how structural change and public-sector reforms substantially altered the employment environment. This research reveals that the ATO environment can be characterized by low morale, risk aversion, fear, and distrust brought about, in part, by employment insecurity. Where middle managers perceived organizational threats to their employment security, they engaged in self-protective “survivor” behaviors even when no such threats to their employment security existed. The article concludes that a substantial number of middle-level managers, survivors of years of restructuring, downsizing, and organizational change, were unlikely to display high-quality decision-making behaviors.     

The Politics of Infrastructural Projects: A Case for Evidence-Based Policymaking

Many developing countries currently face tightening fiscal constraints as a result of the global financial crisis and associated reduction in both credit and demand. Policymarkers therefore have less fiscal space within which to undertake projects, so the opportunity cost of any misallocation of resources will be correspondingly higher. There is therefore an increasing need to rely more on evidence-based policymaking (EBPM). The is particularly so for large infrastructural projects, as these tend to be costly, and especially for transportation projects as these are particularly prone to result in sub-optimal outcomes. This paper examines the policy process for the implementation of the Jamaican Highway 2000, one of the largest and most costly infrastructure projects in Jamaica in recent years. A number of primary and secondary data sources were explored to ascertain the extent to which the decision to implement the project reflects a case for evidence-based decision-making in practice. This made it clear that the decision was taken at least partly on political grounds, largely in the absence of any supportive evidence, and on the basis of over-optimistic and unrealistic assumptions, and that this has created a number of serious, long-term challenges for Jamaica.     

论侦查决策之概念

侦查决策,即侦查中的决策活动。“决策”是“侦查决策”的种概念,“侦查决策”是“决策”的属概念。侦查决策是侦查主体在侦查活动中,在一定的客观条件下为达到一定的目的,为确定侦查的行动目标和行动方法而进行的一系列筹划、优选和决断活动。侦查决策这一概念的引入,为我们在侦查决策理论学术研究中开辟了一条深入研究侦查活动中的决策活动的道路,也开辟了一条从决策这一独特角度深入研究整个侦查活动过程的道路。