Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

Speaking of Justice: A Qualitative Interview Study on Perceived Procedural Justice Among Defendants in Dutch Criminal Cases

Qualitative interviews with one hundred defendants in Dutch criminal cases examine whether perceived procedural justice is a relevant concern for defendants, and, if so, which procedural justice components they refer to. The study provides a point of epistemological departure from the quantitative studies dominating the field, as it assessed which components of procedural justice (if any) respondents put forward themselves rather than asking about predetermined procedural justice components. The large majority of respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.     

Reforming Chinese arbitration law and practices in the global economy

In the last 50 years Chinese arbitration law and practices has made significant contributions to the international commercial arbitration and strides to manage the rapidly increasing caseload associated with a period of amazing growth in economic interactions between Chinese and non-Chinese parties. In the global economy there are rooms for further improvement. The paper proposed some ideas on reforming the Chinese arbitration law and practices on the arbitration system regarding the ad hoc arbitration, panel system and tribunal jurisdiction, interim measures of protection, as well as standards for the judicial review on the arbitral awards.     

The Imprint of Childhood Physical and Emotional Abuse: A Case Study on the Use of EMDR to Address Anxiety and a Lack of Self-Esteem

This article examines the use of Eye Movement Desensitization and Reprocessing (EMDR) in helping a client address problems with persistent anxiety and a lack of self-esteem. During EMDR treatment, the client explored the dichotomous thinking that had plagued her since childhood, and correspondingly, the role of childhood physical and emotional abuse in her chronic feelings of inadequacy and anxiety. The client experienced significant improvement in her levels of anxiety and problems with self-esteem, both at the end of treatment and at 1-year follow up. Qualitative and quantitative data are utilized in this case study outlining the use of EMDR with a client diagnosed with dysthymic disorder.     

FAMILY COURT REFORM IN SIX PENNSYLVANIA COUNTIES

This article describes judicial behavior in local family court reform movements, vis-à-vis six case studies, as part of a larger study on the implementation of court-connected custody mediation in Pennsylvania. Research findings provide new insight into the initiation of change by judges at the local court level. When motivated to do so, family court judges in Pennsylvania bring about local reform independently and expeditiously. Judges who desire alternative methods to litigation of custody disputes implement court change with few organizational constraints: They decide how and when reform is to be implemented, and they assign nonjudicial professionals to assist in reform implementation. Finally, judges establish their own criteria for assessing the success of change initiated. Throughout reform movements, judges take on a variety of roles in bringing about change—first as reform activists, then as leaders in reform movements, and finally, as advisors in reform implementation. These case studies reveal the diversity in judicial style when court change is implemented; at the same time, similar court goals and objectives are obtained.     

Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.