Forensic Application of Analytical Mechanics in Fatal Fall From a Height

Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios.     

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.     

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.     

IDENTIFYING THE PSYCHOLOGICAL FACTORS THAT MEDIATE THE ASSOCIATION BETWEEN PARENTING PRACTICES AND DELINQUENCY*

Past research has largely ignored the developmental changes within the child that account for the association between parenting and risk for delinquency. We used structural equation modeling and data from a longitudinal study of several hundred African‐American families to test the contentions of various theories regarding the sociocognitive and emotional factors that mediate the impact of parental behavior on a youth's risk for delinquency. Our findings largely supported the theories. The impact of monitoring/discipline was indirect through low self‐control and acceptance of deviant norms, whereas the effect of hostility/ rejection was indirect through low self‐control, hostile view of relationships, and acceptance of deviant norms. These two dimensions of parenting were no longer related either to affiliation with deviant peers or to conduct problems once the effects of these psychological characteristics were taken into account; the impact of these parenting practices was completely mediated by these four cognitive/affective variables. Contrary to expectation, however, these psychological factors did not mediate any of the relationship between caretaker involvement in antisocial behavior and child conduct problems.     

SUPRANATIONAL GOVERNANCE OR NATIONAL BUSINESS‐AS‐USUAL? THE NATIONAL ADMINISTRATION OF EU STRUCTURAL FUNDS IN THE NETHERLANDS AND DENMARK

The partnership principle in EU cohesion policy was introduced in order to involve subnational authorities and interest organizations in policy formulation and implementation. In this article we examine how the member states have reacted to this call for a new way of making public policy. We argue that the multi‐level governance literature and the critics of the multi‐level governance framework have not examined implementation structures properly, but have focused on regional influence. We conduct a comparative analysis of the Dutch and Danish implementations of the European Social Fund and the European Regional Development Fund. Our findings show that when examining implementation structures it becomes clear that member states are in full control of the re‐allocation of EU funds. They show that Denmark and The Netherlands have been able to absorb EU cohesion policy within already existing national implementation structures of labour market policies and regional development. One central theoretical implication of our study is that the focus of studies of any fundamental re‐allocation of power resources in cohesion studies should comprise the entire network of implementation rather than the strategies of its individual component actors.     

THE EFFECT OF GENDER ON THE DECISION TO INCARCERATE BEFORE AND AFTER THE INTRODUCTION OF SENTENCING GUIDELINES*

The present study explores the relationships between gender and imprisonment decisions in Minnesota before and after the introduction of sentencing guidelines. Results from a series of logistic regression models indicate that gender alone did not have a significant impact on the likelihood of imprisonment, but women with dependent children were significantly less likely to be imprisoned before sentencing guidelines and in the years subsequent to their implementation. The findings suggest that despite the introduction of sentencing reforms, court officials tend to return to issues of substantive justice, and they appear unable to shed their individual or organizational ideas of fairness in sentencing.