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.     

Lost on the Way Home? The Right to Life in Northern Ireland

This article starts from the premise that, through the Belfast Agreement, the Human Rights Act 1998 (HRA) was invested with a 'transitional justice' function in Northern Ireland, unlike in the rest of the United Kingdom. The article evaluates how far the HRA has met this challenge by examining a case study of the right to life. The European Court's development of a procedural aspect to the right to life in the form of a right to an effective investigation, has implicated both institutional reform for the future, and also a need to revisit past state killings with their 'transitional justice' implications. There have been some positive developments, but, despite this, domestic institutions and courts have largely failed to deliver on Article 2's procedural aspect. The article concludes by questioning whether the very design of the HRA has limited the possibilities for a 'transformational constitutionalism' capable of incorporating Article 2's procedural right.     

From abusive household to dating violence

Social scientists have theorized about the cycle of domestic violence in family abuse. Little research has addressed dating violence as a consequence to the experience of domestic violence by children. This article deals with the self-reported experience of dating violence by high school students from abusive and nonabusive households. A survey was conducted of 1,353 students in a rural area of North Dakota. Results indicated that students from abusive households showed significantly higher incidence of dating violence than those from homes where no abuse was evident. However, less than one in five of the students from abusive home reported dating violence, providing little support for the cycle of violence hypothesis. Students from abusive homes viewed violence as negatively as students from nonabusive homes. Thus, while there are significant differences between the two groups, there are also important similarities. Although there is apparently a greater risk of dating violence among students who have experienced violence at home, these data do not support the idea of an inescapable pattern of violence among adolescents who have experienced violence themselves.     

Public Scrutiny, Standards and the Planning System: Assessing Professional Values within a Modernized Local Government

Since the 1990s there has been a long-standing concern in government towards public sector accountability, management, efficiency and service delivery. A number of studies have attempted to analyse the multitude of individual changes and their manifestations through analyses based on a variety of institutional, policy and governmental distinctions. This paper attempts to specify the changes with particular reference to planning, and to consider the evolution of the public service ethic in planning towards more openness, scrutiny, transparency and efficiency with particular reference to the changing ethos of the professional employee. We first explore the  main impacts upon local government, the public service ethic and professional planning as a consequence of the Modernization agenda and freedoms and flexibilities initiative. We then look at how such changes have impacted upon the ethos and values in public service and planning. We draw on some evidence of Ombudsman cases to highlight issues of professional values in planning practice over the past decade before finally drawing these strands together in some conclusions. Our principal findings indicate that the much-trumpeted decline of services and standards may not have been as apparent as is sometimes portrayed and that internal professional attitudes and values towards the external changes may not have significantly altered over the same period.     

Protection Against Judicially Compelled Disclosure of the Identity of News Gatherers' Confidential Sources in Common Law Jurisdictions

In many common law liberal democracies today, news gatherers are resisting efforts to use the powers of the courts to compel them to identify their confidential sources. Often the struggles are epic. Often the public interest in effective news gathering fuelling the vitality of a modern liberal democracy is insufficiently recognised. The article uses recent cases to spotlight the shortfalls in the approach and legacy of the common law in dealing with news gatherer/confidential source relationships. Post Human Rights Act English decisions, especially that of Tugendhat J in Ackroyd , combining European style commitment to the public interest in vigorous newsgathering with common law style analysis of evidence, point the way to a more effective approach. US and Hong Kong cases remind news gatherers of their public interest responsibilities.     

B. Reviews and notes: bibliographies and works of reference

LE MONDE ARABE ET MUSULMAN AU MIROIR DE L'UNIVERSITE FRANÇAISE: REPERTOIRE DES THESES SOUTENUES DANS LES UNIVER‐SITES FRANÇAISES, EN SCIENCES DE L'HOMME ET DE LA SOCIETE, SUR LE MONDE ARABE ET MUSULMAN (1973–1987). By MARIE BURGAT, DANIELLE BRUCHET, JACQUELINE QUILET [& others]. Aix‐en‐Provençe, Institut de Recherche et d'Etudes sur le Monde Arabe et Musulman, 1989–92. 4 vols.

MAPAS, PLANOS Y FORTIFICACIONES HISPANICOS DE MARRUECOS (S.XVI‐XX)/CARTES, PLANS ET FORTIFICATIONS HISPANIQUES DU MAROC (XVIe‐XXe S.). By JUAN BTA. VILAR. 604pp. Text in Spanish. Table of Contents, Preface (by José Antonio Calderon Quijano), and Introduction in Spanish and French. Madrid, Ministerio de Asuntos Exteriores, Secretaría de Estado para la Cooperación Internacional y para Iberoamérica: Dirección General de Relaciones Culturales y Científicas, Agencia Española de Cooperación International, Institute de Cooperación con el Mundo Arabe, 1992. 7210 ptas.

A BIOGRAPHICAL DICTIONARY OF CONTEMPORARY AFGHANISTAN. By LUDWIG W. ADAMEC. Graz, Akademische Druck‐ u. Verlagsanstalt, 1987. vi, 252 pp. Photo section. ÖS 450.‐

TÜRKIYE DI?INDAK? TÜRKLER B?BL?YOGRAFYASI. A BIBLIOGRAPHY OF TURKS OUT OF TURKEY. By ?SMET B?NARK and others. Ankara, T.C. Ba?bakanlik Devlet Ar?ivleri Genel Müdürlü?ü Dokümentasyon Dairesi Ba?kanli?i (Yayin No.5), 1992. 2 vols. lxv, 1379 pp.

GULF CRISIS CHRONOLOGY: DAY‐TO‐DAY COVERAGE OF EVENTS IN THE GULF CONFLICT FROM 2 AUGUST 1990 TO THE 3 MARCH 1991 CEASEFIRE. Compiled by the BBC WORLD SERVICE. Harlow, Longman, 1991. 454 pp. £65.‐

FRAUENFRAGEN IM MODERNEN ORIENT: EINE ERGANZUNGSBIBLIO‐GRAPHIE. WOMEN IN THE MIDDLE EAST AND NORTH AFRICA: A SUPPLEMENTARY BIBLIOGRAPHY. By INGEBORG OTTO & MARIANNE SCHMIDT‐DUMONT. (Biblio., 16.) Hamburg, Deutsches Übersee‐Institut, Übersee‐Dokumentation, Referat Vorderer Orient, 1989. xvi, 126 pp. DM19.‐

THE MIDDLE EAST AND NORTH AFRICA 1993. London, Europa Publications, 1992. xxi, 988 pp. £130.     

'Appropriate' Policy Knowledge, and Institutional and Governance Implications

The papers in this special section of AJPA are the product of a symposium held in Brisbane in February 2003, which was jointly sponsored by the School of Political Science and International Studies at the University of Queensland and the Queensland Department of Premier and Cabinet. Three papers were delivered. David Adams, from the Victorian Public Service, delivered a paper entitled 'Usable knowledge and public policy'. Wayne Parsons, from the University of London, gave a paper 'Not just steering but weaving: Relevant knowledge and the craft of building policy capacity'. Randal Stewart, a policy consultant based in Sydney, gave a paper entitled 'Public sector reform knowledge production'. The purposes of this paper are to highlight salient points from the papers and to assess briefly the institutional and governance implications of taking at last some steps beyond the currently prevailing rationalist approaches to policy and governance.     

Understanding Local Service Delivery Arrangements: Are the ICMA ASD Data Reliable?

The authors utilize the two latest ICMA Profile of Local Government Service Delivery Choices surveys to investigate whether the service provision and delivery arrangement information reported in the surveys accurately represents reality and, if not, what factors contribute to generating incorrect or unreliable survey responses. Interviews with practitioners are used to better understand both the accuracy of the survey responses and improvements that could be made to the survey instrument. Results suggest that the ICMA ASD survey data are highly erratic, with more than 70 percent of the cases (N = 70) investigated containing some inaccuracies. A qualitative analysis shows that the majority of the errors appear to be caused by the lack of a clear definition of service provision or by the service titles being too vague or too broad, both of which likely lead to discretion in interpreting survey questions and thus inconsistent answers by individual respondents over time.