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.     

Error minimization and deterrence in agency control

In the presented oversight model, in which a regulatory agency may collude with regulatees, a watchdog organization may scrutinize the agency’s decision-making and find evidence speaking for collusive behavior. Found evidence is of a specific, stochastic quality. Courts will overturn the administrative decision when the evidence presented in court exceeds a minimum quality standard set by the political principal. Lowering the quality standard increases the odds of finding evidence of sufficient quality and, hence, leads to increasing collusion deterrence and to a lower probability of acquitting collusive administrators (type I error), but also to a higher probability of convicting an innocent administrator (type II error). It is shown that, when welfare-maximization gives rise to an interior solution, the welfare-maximizing standard of evidence is lower than the one that merely minimizes the costs of legal errors without taking deterrence costs into account, but will imply incomplete deterrence. However, conditions can and will be identified under which both error cost minimization and complete deterrence coincide with welfare-maximization.     

B. Reviews and notes: bibliographies and works of reference

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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.

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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.     

Bremse oder Gaspedal? Eine empirische Untersuchung zur Wirkung der direkten Demokratie auf den Steuerstaat

This article analyzes the relationship between the different forms of direct democratic participation and the size of the tax state in the Swiss cantons for the period from 1983 to 2000. The analysis distinguishes between the different effects of the financial referendum and the initiative. Theoretical arguments suppose that the financial referendum curb the tax state, whereas the initiative is expected to contribute to its growth. Pooled time series analyses show that legal conditions of direct democratic participation in general and especially the legislation on financial referenda are much more important than the frequency of plebiscites for the explanation of the different sizes of the tax states in the cantons. As an additional result of the analyses, the impact of direct democracy on the tax state turns out to be much larger in the 1990s compared to the decade before.     

'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.     

Money, Time, and Political Knowledge: Distinguishing Quick Recall and Political Learning Skills

Surveys provide widely cited measures of political knowledge. Do seemingly arbitrary features of survey interviews affect their validity? Our answer comes from experiments embedded in a representative survey of over 1200 Americans. A control group was asked political knowledge questions in a typical survey context. Treatment groups received the questions in altered contexts. One group received a monetary incentive for answering the questions correctly. Another was given extra time. The treatments increase the number of correct answers by 11–24%. Our findings imply that conventional knowledge measures confound respondents' recall of political facts with variation in their motivation to exert effort during survey interviews. Our work also suggests that existing measures fail to capture relevant political search skills and, hence, provide unreliable assessments of what many citizens know when they make political decisions. As a result, existing knowledge measures likely underestimate people's capacities for informed decision making.     

Portable high‐resolution automated 3D imaging for footwear and tire impression capture

The forensic science community raised the need for improved evidence recognition, collection, and visualization analytical instrumentation for field and laboratory use. While the 3D optical techniques for imaging static objects have been extensively studied, there is still a major gap between current knowledge and collecting high‐quality footwear and tire impression evidence. Among optical means for 3D imaging, digital fringe projection (DFP) techniques reconstruct 3D shape from phase information, achieving camera‐pixel spatial resolution. This paper presents a high‐resolution 3D imaging technology using DFP techniques dedicated to footwear and tire impression capture. We developed fully automated software algorithms and a graphical user interface (GUI) that allow anyone without training to operate for high‐quality 3D data capture. We performed accuracy evaluations and comparisons comparing with the commercial high‐end 3D scanner and carried out qualitative tests for various impressions comparing with the current practices. Overall, our technology achieves similar levels of accuracy and resolution with a high‐end commercially available 3D scanner, while having the merits of being (1) more affordable; (2) much easier to operate; and (3) more robust. Compared with the current practice of casting, our technology demonstrates its superiority because it (1) is non‐destructive; (2) collects more evidence detail than casts, especially when an impression is fragile; (3) requires less time and money to collect each piece of evidence; and (4) results in a digital file that can easily be shared with other examiners.     

Child Health in Elementary School Following California's Paid Family Leave Program

We evaluate changes in elementary school children health outcomes following the introduction of California's Paid Family Leave (PFL) program, which provided parents with paid time off following the birth of a child. Our health outcomes—overweight, ADHD, and hearing‐related problems—are characterized by diagnosis rates that only pick up during early elementary school. Moreover, our health outcomes have been found to be negatively linked with many potential implications of extended maternity leave—increased breastfeeding, prompt medical checkups at infancy, reduced prenatal stress, and reduced non‐parental care during infancy. Using the Early Childhood Longitudinal Studies (ECLS) within a difference‐in‐differences framework, our results suggest improvements in health outcomes among California elementary school children following PFL's introduction. Furthermore, the improvements are driven by children from less advantaged backgrounds, which is consistent with the notion that California's PFL had the greatest effect on leave‐taking duration after childbirth mostly for less advantaged mothers who previously could not afford to take unpaid leave.