Strawson,Shoemaker, and the Hubris of Theories

David Shoemaker’s Responsibility from the Margins is chock full of valuable insights on the nature of our responsibility, and it has more in common with P.F. Strawson’s approach in “Freedom and Resentment” than the accounts of most philosophers who call themselves Strawsonians. On one central issue of interpretation, however, Shoemaker gets Strawson wrong. Like many interpreters, Shoemaker sees Strawson as defending a “quality of will” theory of responsibility. This idea fundamentally misunderstands Strawson’s aims in “Freedom and Resentment.” Strawson does not defend a theory of any kind in that essay. On the contrary, Strawson tries to caution his fellow philosophers away from the theorizing impulse. The urge to develop comprehensive theories, he argued, inevitably leads philosophers away from the natural facts about responsibility and the related emotions. So, Strawson offers an alternative way of understanding responsibility, one that takes the facts into account “in all their bearings.” This interpretive disagreement is instructive, I’ll argue, because it illuminates several weaknesses in Shoemaker’s own “tripartite” theory of responsibility. Where his account goes astray can be remedied in large part by embracing the spirit of Strawson’s approach in full.     

THE AFFORDABLE CARE ACT'S EFFECTS ON PATIENTS,PROVIDERS, AND THE ECONOMY: WHAT WE'VE LEARNED SO FAR

As we approach the tenth anniversary of the passage of the Affordable Care Act, it is important to reflect on what has been learned about the impacts of this major reform. In this paper, we review the literature on the impacts of the ACA on patients, providers, and the economy. We find strong evidence that the ACA's provisions have increased insurance coverage. There is also a clearly positive effect on access to and consumption of health care, with suggestive but more limited evidence on improved health outcomes. There is no evidence of significant reductions in provider access, changes in labor supply, or increased budgetary pressures on state governments, and the law's total federal cost through 2018 has been less than predicted. We conclude by describing key policy implications and future areas for research.     

Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and the Batson Challenge Procedure

Practically speaking, the peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky. 476 U.S. 79 (1986). Batson's prohibition against race-based peremptories was based on two assumptions: (1) a prospective juror's race can bias jury selection judgments; (2) requiring attorneys to justify suspicious peremptories enables judges to determine whether a challenge is, indeed, race-neutral. The present investigation examines these assumptions through an experimental design using three participant populations: college students, advanced law students, and practicing attorneys. Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race. The psychological processes underlying these tendencies are discussed, as are practical implications for the legal system.     

The influence of forensic evidence on the case outcomes of homicide incidents

Objective

In spite of the growth of forensic science services little published research exists related to the impact of forensic evidence on criminal case outcomes. The present study focused on the influence of forensic evidence on the case processing of homicide incidents.

Materials and Methods

The study utilized a prospective analysis of official record data that followed homicide cases in five jurisdictions from the time of police incident report to final criminal disposition.

Results

The results showed that most homicides went unsolved (34.5% conviction rate). Only 55.5% of the 400 homicide incidents resulted in arrest of which 77% were referred to the district attorney. On the other hand, 94% of cases referred to the district attorney were charged. Cases were more likely to have arrests, referrals, and charges when witnesses provided information to the police. Suspects who knew their victims were more likely to be arrested and referred to the district attorney. Homicides committed with firearms were less likely to be cleared. The most noteworthy finding was that none of the forensic evidence variables significantly influenced criminal justice outcomes.

Conclusions

The study results suggest that forensic evidence is auxiliary and non-determinative for homicide cases.     

Ideology and discourse

Ethnographic methods were used to study alternative dispute resolution as practiced by two mediation projects. Observations of actual mediation sessions, interviews with key informants, and archival data were used. The authors found that the projects could be distinguished according to (a) uses of coercion and consensus in effecting a resolution, (b) the type of posturing that took place between mediator and disputants, and (c) the type of discourse employed. The authors argue that differences between the two projects emanated from whether the project was planned and executed by a state agency or whether it was community-based.     

Child Maltreatment,Placement Strategies,and Delinquency

The current study examined the criminal justice experiences of foster care youth living with relatives, foster families, and living in congregate care; dependents receiving in-home care; and non-dependent youth. Specific attention was directed at uncovering whether form of maltreatment, placement type, and/or placement instability were related to delinquency. A prospective analysis of official record data followed children in Los Angeles County from the time of a first admission to the Department of Children and Family Services (DCFS) to potential involvement in the criminal justice system (N = 1,235). The study also utilized a matched control design in which DCFS cases were compared to non-dependent controls (N = 1,235). The most consistent predictors of delinquency were placement instability and age at placement. Youth who were older at placement and youth with at least one placement change were more likely to be arrested for violent and non-violent crimes as well as be charged by the district attorney than younger youth with no placement changes.     

Methamphetamine use and violence among young adults

The current research analyzed the relationship between methamphetamine use and violence among young adults eighteen to twenty-five years old. Interviews were conducted with a sample of 106 respondents. The research was based primarily on in-depth, life-history interviews with individuals who used methamphetamine for a minimum of three months and who resided in Los Angeles County.Of the 106 respondents, 37 (34.9 percent) had committed violence while under the influence of methamphetamine. Males comprised two-thirds of the 37 respondents (N = 24). Of the total sample, 38 percent of males and 30 percent of females committed methamphetamine-related violence, respectively. Overall, the 37 respondents reported fifty-four separate violent events while using methamphetamine. Of these fifty-four events, thirty-three (61.1 percent) acts of violence involved domestic relationships, nine (16.7 percent) of the violent events were drug related, seven (13 percent) were gang related, and five (9.3 percent) involved random acts of violence (e.g., road rage, stranger assault).The findings suggest that methamphetamine use is a risk factor for violence. There was, however, no evidence of a single, uniform career path that all chronic methamphetamine users follow. Violence is not an inevitable outcome of even chronic methamphetamine use.