Deliberation in Six Juries: A Participant Observer Study

Since the 1930s, jury deliberation has been studied only through questionnaire or interview, or experimental methods. This paper uses a participant observer approach to the study of deliberations in six juries. Juries were found to be concerned both with the issues in the trial and with the intersection of their own and the trial participants' birgraphies. Their deliberations included assessments of the moral character of the criminal participants, the competence of the attorneys and judges, both from within the context of jurors' own life experiences. The imagery of the “good juror,” the interactions with fellow jurors, and the extra-jury everyday life contingencies brought to the jury room also influenced deliberations.     

Die Rezeption (Thyssen-)preisgekr?nter Artikel in der ?Scientific Community“

We investigate whether journal articles winning a prestigious award of the Thyssen foundation have a higher impact in the scientific literature than a control group of non-awarded articles. In average, awarded articles harvest significantly more citations than articles in the control group. Most remarkably, the average citation rank exactly matches the rank order of awards. The top award earns most citations while the second award, the third award and the non-awarded articles exhibit citation counts in declining order. The correlation of award rank and impact does not vanish if we restrict citation counts to the year of publication and the year thereafter. In this time span the distinction of excellence is very unlikely having a genuine effect on the impact measure. Thus, we do not find support for the social constructivist hypothesis that the correlation of the jury decision and the article impact is explainable by a label of distinctiveness. On the contrary, the empirical data confirm that the jury is successful in the selection of articles which in average have a larger impact in the scientific community than non-awarded publications.     

Supreme Court examines impact of errors in detecting bias during jury selection

For many attorneys (and their trial consultants) jury selection is perceived as the pivotal trial within a trial that provides them an opportunity to participate in assembling a jury that will be receptive if not predisposed to their position. For prospective jurors, jury selection is also seen as a "trial" but in the very different sense that they may see it as placing their beliefs and attitudes on trial. The trial judge may also feel as if he or she is on trial, as an erroneous ruling during jury selection can be grounds for reversal on appeal regardless of the evidence that is subsequently introduced.     

Assessing Cultural Competence in a BSW Student Population

Bachelor’s level social workers serve a population that is becoming more diverse. Social work educators must respond with adapted teaching methods, theories, and exercises to reflect the growing need for cultural competence in our practitioners. The 2015 Educational Policy and Accreditation Standards (EPAS) outline the knowledge, value, and skills competencies central to social work education. These competencies include thorough integration of cultural competence in social work education; the ways in which this content is taught likely vary greatly between programs. This study assessed whether students gained competence as a result of taking a bachelor’s level social work (BSW) course in cultural diversity at a mid-sized public university. Furthermore, the study assessed whether their level of competence was related to student demographics, such as being from an urban or rural community. One hundred twenty-three students completed the California Brief Multicultural Competence Scale (CBMCS) at the beginning and end of a course specifically dedicated to cultural competence. Results indicate that the course itself is effective in increasing significantly student’s self-reported cultural competence. Study results lay the foundation for future research that will (1) assess more broadly the implications of a specific cultural competence course and (2) aid in the development of a social work-specific measure of cultural competence.     

Group decision-making: An economic analysis of social influence and individual difference in experimental juries

In jury decision-making, individual viewpoints must converge to reach a group consensus. Convergence of viewpoints may reflect reasonable compromises, for example if jury deliberations reflect informational influences and social learning which allow individual jurors to correct biases, misunderstandings and/or imperfect recall of evidence. Conversely, some individuals may converge towards others’ viewpoints because of normative influences including peer pressure and preferences for conformity and these can generate biases in the final jury judgements. This paper presents experimental data showing that groups do have a significant tendency to compromise in jury-like settings. Econometric evidence shows that group characteristics, including the presence of acquaintances and strangers within the jury group, affect the extent of compromise. The implications are that jury deliberations may be biased by factors not relevant to a specific case, limiting the objectivity of jury decisions.     

The Relationship Between Liberian CSOs and International Donor Funding: Boon or Bane?

The Liberian environment is characterized by enormous reliance on international aid, substantial amounts of which is channeled through civil society organizations (CSOs). These civil society organizations have played an important role in Liberia’s redevelopment since the end of the civil war in 2003, despite the fact that international aid to Liberia is increasingly characterized by unstable funding patterns and shifting donor priorities. This makes it vital to deepen our understanding of international aid funding to Liberian CSOs. This study uses mixed methodology to examine what impacts the ability of Liberian CSOs to attract aid funding, the nature of the donor–CSO relationship, and how this relationship impacts the capacity and behavior of CSOs. Results indicate CSO competence and efficiency are associated with ability to attract aid funding. Pressures and imbalance in the donor–CSO relationship contribute to high levels of environmental uncertainty for Liberian CSOs in the sample, leading to adaptive behaviors related to activities and funding streams.     

Coordination meetings as a means of fostering collective learning among jury members involved in the validation of prior learning (VPL)

Jury members involved in the validation of prior learning (VPL) are supposed to draw parallels between the skills the candidate has acquired and the criteria established in relation to the frame of reference. The recalibration of criteria is a form of collective work. During meetings, jury members face common obstacles together. They try to sidestep the prescribed work and then collectively take ownership of it. Collective meetings allow responsibilities to be shared. This contrast between the imposition of extremely narrow prescribed work and the possibility of modifying prescribed work during collective meetings, sets a dialogic process in motion. Such a process gives jury members the opportunity to evolve in their practices. This ensures that jury members are always in a position to reflect on their own methods of action.     

The Attractiveness Halo: Why Some Candidates are Perceived More Favorably than Others

Olivola and Todorov (Elected in 100 milliseconds: appearance-based trait inferences and voting. J Nonverbal Behav, 2010) provide a convincing demonstration that competence ratings based on 1-second exposures to paired photos of US congressional candidates predict election outcomes at better than chance levels. However, they do not account for variation in competence judgments. In their analysis, Olivola and Todorov show that attractiveness, familiarity, babyfacedness and age are proximal predictors of vote choice, but find that after controlling for competence these factors no longer reliably influence the margin of electoral victory. Drawing on well-documented halo effects of attractiveness on character-based inferences and the extensive literature on mere exposure effects, we re-organize Olivola and Todorov’s analysis into a simple path model to explore the causal ordering of these factors. We find that spontaneous assessments of attractiveness and familiarity occur prior to attributions of competence, and thus exert a downstream effect on judgments of competence.     

Tort Reform and Access to Justice: How Legal Environments Shape Lawyers’ Case Selection

How do lawyers decide which cases to accept? Previous studies suggest that they use a simple risk/return formula to make such decisions. I argue, however, that legal environments also shape lawyers’ decisions. Analyses of in-depth interviews with lawyers across four states demonstrate that lawyers make different decisions about cases in different legal environments. Lawyers in states without tort reform emphasize the importance of how “likeable” a client may be to a potential jury, whereas lawyers in states with tort reform instead focus on the defendant’s “liability.” These differences have important implications for who has access to the civil justice system, and for consumer and medical protections more generally.     

Partially shared objects and the (Elusive) potential of expansive learning: the case of “jury” in community-based citizenship classes for Nepali-speaking Bhutanese refugee elders

ABSTRACT

This article focuses on community-based citizenship classes for Bhutanese refugee elders held in central Ohio. As part of a larger longitudinal study centered in the ethnographic and discourse analytic traditions, the article analyzes a classroom moment where the notion of a “jury” is briefly taken up and discussed. This moment is put into dialogue with relevant data from student interviews and teacher playback sessions using cultural-historical activity theory as an analytical framework to argue that the understanding of a “jury” is a “partially shared object” that reveals asymmetrical power relations between activity systems, with implications for expansive learning opportunities.     

Citizens’ Jury and Elder Care: Public Participation and Deliberation in Long-Term Care Policy in Thailand

Health care policies for the elderly are complex, multidimensional, and contextually circumscribed. While engagement of health experts, economists, health care administrators, and political leaders is generally viewed as instrumental to the success and sustainability of eldercare programs, the elders themselves are often viewed as passive recipients of care and not included in the policy processes. Experiences and expectations from users’ perspectives can be invaluable information for policy formulation and systems design. This paper examines a participatory policy process using a “citizens’ jury” to promote public engagement in eldercare policy. The process was initiated by the National Health Commission Office in Thailand to explore how a citizens’ jury as a model for civic deliberation can be utilized to provide sophisticated policy recommendations on long-term care policies for the elderly. The objectives of this paper are to (1) examine how public participation in health policy can be actualized through the citizens’ jury as an operational model, (2) understand the strengths and weaknesses of the ways the idea was implemented, and (3) provide recommendations for further use of the model. Details of how a citizens’ jury was deployed are discussed, with recommendations for further use provided at the end.     

The Macroeconomics of Doubling Aid to Africa and the Centrality of the Supply Side

The proposed doubling of aid to Africa by 2010 is a less simple proposition, from a recipient point of view, than is commonly supposed. This article argues that it is difficult to manage large and rapidly increasing aid inflows in ways which do not disadvantage producers of tradeable goods, and the private sector generally. This difficulty can be averted if conscious efforts are made to offset it and to stimulate positive responses from the supply side. Whether such responses prevail over the shorter‐term management difficulties depends on the efficacy of state actions — and of aid — to bolster the supply side. The outcome is likely to be mixed, depending on country circumstances.     

Internationally Adopted Children After Arrival: Temperament,Behavior Problems,and Age at Adoption as Predictors of Early Motor and Communication Competence

The temperament dimensions activity, emotionality, and shyness, together with behavior problems, gender, country of birth, and age at adoption, were explored in relation to early motor and communication competence among internationally adopted children in Norway (N = 106, gender: 55 girls and 51 boys, age at adoption: M = 9.99 months, SD = 4.29 months). Based on reports from adoptive mothers, regression analysis including all the variables showed that 56% of the variance in motor competence and 64% in communication competence were explained. Age at adoption explained most of the variance in both areas, while increased level of activity showed a significant correlation with improved motor competence.     

The probability of inconsistencies in complex collective decisions

Many groups make decisions over multiple interconnected propositions. The doctrinal paradox or discursive dilemma shows that propositionwise majority voting can generate inconsistent collective sets of judgments, even when individual sets of judgments are all consistent. I develop a simple model for determining the probability of the paradox, given various assumptions about the probability distribution of individual sets of judgments, including impartial culture and impartial anonymous culture assumptions. I prove several convergence results, identifying when the probability of the paradox converges to 1, and when it converges to 0, as the number of individuals increases. Drawing on the Condorcet jury theorem and work by Bovens and Rabinowicz (2001, 2003), I use the model to assess the truth-tracking performance of two decision procedures, the premise- and conclusion-based procedures. I compare the present results with existing results on the probability of Condorcets paradox. I suggest that the doctrinal paradox is likely to occur under plausible conditions.The author wishes to express his gratitude to Luc Bovens, Matthew Braham, Steven Brams, Bruce Chapman, Philip Pettit, Wlodek Rabinowicz and two anonymous reviewers for helpful comments or discussion. A previous version of this paper was presented at the 2002 Annual Meeting of the European Public Choice Society, Belgirate, Lago Maggiore, Italy, April 2002, and at the Sixth International Meeting of the Society for Social Choice and Welfare, held at the California Institute of Technology, Pasadena, California, July 2002.     

THE NATIONAL MARITAL AND FAMILY THERAPY EXAMINATION PROGRAM

Examinations constitute one of the principal methods by which professions assess minimal competence in aspiring practitioners. The Examination in Marital and Family Therapy is used by most states which regulate the profession. This article provides the rationale for the examination program, describes its development and maintenance, and presents the knowledge base it samples. Administrative policies and procedures are also discussed as an aid to prospective licensure and certification candidates.     

The manual transport of load and the commercial aviation in Brazil

The Brazilian commercial aviation industry has grown strongly in the last decades, increasing passenger capacity and operational safety. While several studies focus on flight safety and passenger comfort, few are dedicated to the manual transport of loads. Although apparently this sector has low relevance, every year nearly 9% of their workers are injured. It is estimated that these injuries cost more than 10 million dollars a year to the companies involved. This study assesses quantitatively the risk of injury on employees. NIOSH method was used to evaluated the possibility of injury in different tasks. Factors such as the pace of activity, horizontal and vertical displacement, and asymmetries were evaluated during loading and unloading of luggage. This study showed that the frequency of repetitions of loading was excessive in all cases analyzed. However, the use of conveyors reduced the risk of employee injury, reducing this possibility to acceptable levels. The study shows that simple measures can help reduce the number of injuries and hence the cost that this entails.     

Sociologists in action: The McMartin sexual abuse case,litigation, justice,and mass hysteria

This paper describes our involvement as jury consultants in one of the most notorious criminal trials in history—the McMartin child-molestation trial in Los Angeles. The McMartin trial was the longest and costliest criminal trial in American history. The prosecution spent $15 million and took nearly six years in making a criminal case against day-care workers, only to have the jurors declare them not guilty. The defendants in the McMartin trial were charged with molesting young children at a preschool in Manhattan Beach, Los Angeles County, California. In 1987, we had performed scientific defense voir dire jury selection to choose the most impartial jurors to try the two defendants, Raymond Buckey and Peggy Buckey McMartin. In performing scientific jury selection, both a community survey and pre-voir dire questionnaires served as an important empirical foundation to assess jurors’ attitudinal, demographic, and socioeconomic characteristics to develop the effective juror profiles for the trial. The authors received the 1994 Gustavus Myers Center Outstanding Book Award on Human Rights in North America.     

Trade liberalization and decentralization of state-owned enterprises: Evidence from China

This paper examines the relationship between trade liberalization and the probability of state-owned enterprises (SOEs) being decentralized. We find that tariff cuts for inputs significantly lower the probability of a SOE being decentralized, whereas tariff cuts for outputs raise this probability. We also find that as the distance from a SOE to its overseeing government increases, the effects of input and output tariff cuts on the probability of SOEs decentralization become stronger. Our empirical results are consistent with a simple model in which local governments try to balance the costs of supervising SOEs against the profits extracted from SOEs.     

Institutional crisis assessment and mission-driven response in practice: One religious-affiliated university’s response to the Catholic priest sexual abuse and cover up crisis

An institutional crisis occurs when individuals and organizations fail to perform the routines and roles that produce the collective interests and social order of the institution. The institution of the Catholic Church continues to endure a crisis of priest sexual abuse and those in positions of leadership covering up these incidents. The crisis reached another eruption point in 2018 when a Pennsylvania grand jury produced a report that documented these crimes. Any organization within the institution could proactively decide that it must respond to maintain its credibility, while also helping repair the reputation of the institution. A response to an institutional crisis should be driven by an organization’s assessment of events as well as its mission, values, and sense of responsibility to its stakeholders. The response should also use the unique skill and resource capabilities of the organization. This case study focuses on the response of one religious-affiliated university that was prompted by the Pennsylvania grand jury report. The appeal of studying a religious-affiliated university is that it serves dual missions: that as part of the larger religious institution and that of a higher education institution. In response to this institutional crisis, the university has a focus on victims’ concerns from the religious mission perspective and is using its capabilities of amassing and disseminating knowledge from the higher education mission perspective.     

Social work students dealing with moral dilemmas in the care for children and young people: an evaluation of moral case deliberation as an educational tool

Social work professionals face moral dilemmas. Evidence-based guidelines only partly help them to deal with these dilemmas. Recently, moral case deliberation (MCD) as a bottom-up aid has been successfully introduced into Dutch health care to help strengthen professional moral competence. This research investigates whether MCD can help future professionals caring for children and young people to deal with their dilemmas. Research questions are: (1) How do students evaluate two series of four MCD sessions related to moral dilemmas in cases they experienced in practice? and (2) Does MCD contribute to students’ ability to justify their decisions? Applying a mixed-method evaluation study, we found that students consider MCD highly important. They feel supported in their ability to justify decisions ethically. Most students value the challenge of thinking critically in MCD. However, some do not appreciate the uncertainties which come with this. One-third of the students prove able to justify their decisions ethically after attending MCD sessions. Robust conclusions about MCD as the cause of these results cannot be drawn on the basis of the study design. Suggestions are made for future research regarding the contribution of MCD to the development of competence in dealing better with moral dilemmas.