Comprehending life and death matters

Modern capital jurisprudence places special significance on judicial instructions to guide the discretion of the capital jury in reaching a penalty phase decision. Yet, previous social science research has raised doubts about the extent to which judicial instructions are generally understood by jurors and questioned their utility in producing intended effects. The present study measured the comprehension of the capital sentencing instruction employed in California. Data suggest widespread inability to define accurately the central concepts of aggravation and mitigation in use in virtually every state that currently has a death penalty statute, as well as the inability to distinguish properly the sentencing significance of the enumerated factors jurors are directed to use in reaching their life and death verdicts. In addition, an inordinate focus on the circumstances of the crime—to the exclusion of other potentially important factors—was identified, as well as special problems in comprehending the crucial concept of mitigation in constitutionally required ways.We would like to thank Suzanne Ban, Cori Nardello, and Maryanne Tagavilla for assistance in transcribing and content-analyzing the data.     

(Re)categorization as Resistance: Civil Society Mobilizations Around the Preah Vihear Temple

This paper deals with civil society mobilizations and resistance in relation to a world heritage site—the ninth-century Khmer temple Preah Vihear, which is located in the northern province of Cambodia and borders eastern Thailand. In particular, the paper explores resistance in terms of (re)categorizations from a historical and discursive–materialistic perspective. The field of resistance studies has mainly been preoccupied with entities such as texts, signs, symbols, identity, and language. In this article, however, we bring in physical and material entities in order to display the ways in which matter is of importance in the (re)construction of discourses and thereby for resistance.     

Clarifying Life and Death Matters: An Analysis of Instructional Comprehension and Penalty Phase Closing Arguments

We report the results of two studies designed as follow-ups to our earlier research on the comprehension of capital penalty instructions. In the first study we examine whether a California penalty instruction that was revised by the courts to improve its comprehension by jurors accomplishes this goal. In the second study we content-analyze a sample of attorney closing arguments that were given at the conclusion of actual capital penalty phases to explore whether they are likely to clarify those concepts and procedures that are so poorly comprehended in the judge's instructions. Results indicate that the revised instruction suffers from the same comprehension problems that plagued its predecessor and that attorney arguments appear unlikely to significantly reduce confusion among capital jurors.     

Practical lessons from gender audit of an education sector plan in Lao PDR

In 2013, the Laos Ministry of Education and Sports (MoES) commissioned a mid-term review of the Education Sector Development Plan 2011–2015 (ESDP, Lao People's Democratic Republic, Ministry of Education and Sports 2010). Plan International, a United Nations Girls Education Initiative partner, worked with MoES to lead a gender audit for the mid-term review. The gender audit strengthened the mid-term review and contributed to the design of the new ESDP. A MoES gender and inclusion working group was established, providing an institutional structure to support focused policy dialogue and address recommendations. This note recommends the inclusion of gender audits within mid-term reviews and final evaluations of sectoral plans to ensure that investments adequately address gender equality.