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.     

Hierarchy, Bureaucracy, and Ideology in French Criminal Justice: Some Empirical Observations

Using observational and interview data from my own empirical study of the investigation and prosecution of crime in France, this article examines critically the extent to which three features generally considered central to inquisitorial procedure – hierarchy, bureaucracy, and ideology – exist within the structures and procedures of the French criminal process and the constraining impact they have upon the decision-making of the procureur, the judicial officer responsible for supervising the majority of criminal investigations. A broad degree of discretion is found to exist at the local and individual level and the unavailability of resources further increases disparities in practice. Nevertheless, the conventional 'ideals' retain a continuing force and relevance for procureurs, who describe their work (both as they understand it to be and as they would wish it to be) in these terms and whose crime control orientation is shielded by redefining it in terms of 'representing the public interest'.     

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.     

Children of Alcoholism: Implications For Juvenile Justice

Alcoholism and drug addiction affects the entire family. At least 22 million Americans have been raised in an alcoholic environment. Parental alcoholism and/or addiction can have profound emotional and psychological scars on the children. These homes are often characterized by emotional and or physical insecurity, loneliness, terror and inconsistency. The children from these homes often are extremely insecure have low self-esteem, and have a variety of emotional problems. Adolescents from addictive homes are over-represented in juvenile court as status offenders, delinquents and abuse and neglect cases. This article will discuss this issue and implications for the juvenile justice system and personnel working with these youth     

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.     

Using Parallel Strategies to Promote Change: Forest Policymaking under George W. Bush

This study of policy change examines the parallel strategies the administration of President George W. Bush has used to substantially alter the direction of forest policy during his first term. Using the Healthy Forests Initiative as a case study, this analysis explains how, by framing the problem of wildfires and forest health in terms of process and pointing blame at environmental groups misusing appeal procedures, the administration was able to emphasize process, rather than the content of existing forest policy. It also provided a reasonable explanation for the president to take a lead in seeking both legislative as well as regulatory change. We contend that the use of two parallel policymaking paths—legislative and administrative—enabled the president to pursue policy change more rapidly, and, from a strategic standpoint, more effectively, than by relying upon the legislative process alone. We offer that the Bush administration's approach to changing forest policy represents a redirection that is likely to serve as a template for further environmental policy change.     

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.