Judicial Decision Making and International Tribunals: Assessing the Impact of Individual,National, and International Factors*

Objective. The objective of this article is to explain judicial decision making at the International Criminal Tribunal for the Former Yugoslavia by analyzing the impact of individual, national, and international factors. Methods. We use regression and probit analysis of data on the verdicts and sentences handed down by the judges. Results. We find that international factors best explain judicial decision making, especially regarding sentencing. Conclusions. International tribunals and courts are becoming increasingly important and prevalent and it is critical that scholars better understand how their judges make decisions.     

Race,Political Empowerment,and Minority Perceptions of Judicial Fairness*

Objective. Recent studies of the impact of black elite electoral success on the system‐supporting attitudes of black citizens have yielded mixed, but generally unimpressive, empirical results. We extend this limited research by examining the effects of the presence of black judicial officials on public attitudes toward a state judicial system. Methods. We employ data from a telephone survey of citizens in Mississippi and develop multivariate models to test for the effects of black judges on citizens' evaluations of the fairness of judges, equity in sentences, and overall impartiality of the state judicial system. Results. We find no systematic evidence that the election of black judicial officials ameliorates the suspicions of the black public regarding the fairness of the state courts. Conclusions. Our findings are in line with other recent studies on the limited effects of black elite electoral success on the attitudes of the black public and generally support a “political reality” model of political trust rather than an “empowerment model.”     

Does Seniority Matter? The Conditional Influence of State Methods of Judicial Retention*

Objective. Capitalizing on attention directed to judicial agreement and the associated consequences of judicial elections, this article conducts an examination of the effects of seniority and state methods of judicial retention on decisions by state supreme court justices to dissent. Methods. Using data drawn from the State Supreme Court Data Archive, this research analyzes decisions by individual justices to dissent in 33,582 tort cases from 1995 to 1998. GEE logistic analysis with cases as the clustering unit is the estimation procedure. Results. While the seniority of justices is positively connected to dissent, the findings illustrate that seniority's effect is nuanced and conditioned by a state's method of judicial retention. The impact of a justice's seniority relative to his or her colleagues is most powerful in appointive courts where justices serve without fear of electoral retaliation. Alternatively, within elective courts, justices respond to elections by pursuing a consensual approach regardless of their seniority. Conclusion. The dissent characteristics of justices in state supreme courts are intricately tied to the length of careers and the methods by which states keep justices in office.     

Women's Representation on State Trial and Appellate Courts*

Objective. This article examines the factors affecting women's representation at each level of the state judiciary. Methods. Using extended beta‐binomial and Poisson models, this article determines the effects of judicial selection, state ideology, and the pool of women eligible to serve on state trial and appellate courts. Results. I find that the pool of women eligible to serve, state ideology, and some methods of judicial selection affect the number of women serving on state courts. Conclusions. By modeling the process on the two courts differently, I find that the factors affecting trial courts are not necessarily the same as those affecting women's representation on appellate courts. Because of the differences in the two levels of the judiciary, future analysis should consider how these two levels influence individual decisions to seek a seat on state courts.     

Social constructions of reality and narratives of parental incapability in the process of adjudicating the adoption of minors in Israel

Compulsory adoption of a child constitutes the most extreme intervention of the state in family life. In Israel, this intervention relies mainly on the cause of parental incapability, which has not been clearly defined by the law and is left to the court's discretion. In this paper, the social construction of a reality paradigm and the narrative approach to the law are used as conceptual frameworks for analysing the concept of parental capability in court decisions favouring compulsory adoption. The analysis of case studies revealed six central narratives of parental incapability in court decisions and the judicial practices that constructed them. The compelling power of the parental incapability narrative leading almost conclusively to the closed adoption solution is discussed, and an alternative narrative of open adoption is put forward.     

Exploring the Impact of School Discipline on Racial Disproportion in the Juvenile Justice System*

It is widely recognized that African‐American youth are significantly overrepresented in many juvenile justice systems relative to their population percentages. Research has also determined that similar disproportion exists in school discipline and speculated about a “school‐to‐prison pipeline” for minority youth. Objective. This study explores empirically the degree to which disciplinary decisions made in schools can help to explain observed rates of disproportionate minority contact with juvenile courts. Methods. It does so in an assessment of education and justice system data from a sample of counties in Missouri. Results. The findings suggest that racial disproportion in out‐of‐school suspensions, which cannot be explained solely by differences in delinquent behavior, is strongly associated with similar levels of disproportion in juvenile court referrals. The association between disproportionate patterns of school discipline and court referrals persists after controlling for poverty, urbanization, and other relevant factors. Conclusions. The implication is that school‐based programs that offer alternatives to suspension and expulsion and promote disciplinary equity may help alleviate racial disproportion in the juvenile justice system.     

Sampling experience reverses preferences for ambiguity

People often need to choose between alternatives with known probabilities (risk) and alternatives with unknown probabilities (ambiguity). Such decisions are characterized by attitudes towards ambiguity, which are distinct from risk attitudes. Most studies of ambiguity attitudes have focused on the static case of single choice, where decision makers typically prefer risky over ambiguous prospects. However, in many situations, decision makers may be able to sample outcomes of an ambiguous alternative, allowing for inferences about its probabilities. The current paper finds that such sampling experience reverses the pattern of ambiguity attitude observed in the static case. This effect can only partly be explained by the updating of probabilistic beliefs, suggesting a direct effect of sampling on attitudes toward ambiguity.     

Organizational factors and child participation in decision‐making: differences between two child welfare organizations

Children in residential care tend to be less content with the quality of care arrangements and participation opportunities compared to children in foster care. This study explored possible differences in social workers' views about child participation and service quality. Hierarchical regression analyses were used to test if any differences may be explained by collaboration between professionals' and social workers' work engagement. We found that social workers from residential care services seem more prudent in letting children participate in case planning compared to social workers planning for foster care. Social workers' judgements of service quality were also highly affected by their organizational affiliation, but personal factors such as work engagement may also play a part. The differences we found regarding social workers' attitudes towards participation and their rating of service quality are associated with organizational culture. Understanding how organizations shape social workers' decisions to include or exclude children in care planning may help gain a more comprehensive understanding of what is needed to take the participation agenda forward.     

The psychometric and empirical properties of measures of risk preferences

We examine the psychometric and empirical properties of some commonly used survey-based measures of risk preferences in a population-based sample of 11,000 twins. Using a model that provides a general framework for making inferences about the component of measured risk attitudes that is not due to measurement error, we show that measurement-error adjustment leads to substantially larger estimates of the predictive power of risk attitudes, of the size of the gender gap, and of the magnitude of the sibling correlation. Risk attitudes are predictive of investment decisions, entrepreneurship, and drinking and smoking behaviors; are robustly associated with cognitive ability and personality; and our estimates are often larger than those in the literature. Our results highlight the importance of adjusting for measurement error across a wide range of empirical settings.     

Euthanasia: an introduction

It has been argued that euthanasia is one of the most pressing social concerns of our times. A review of current scientific and legal materials, however, indicates that this issue is a complex and contentious one that crosses numerous perspectives and theoretical orientations. In order to provide background for the other articles in this collection, we present a brief history of attitudes toward euthanasia. In addition, various terms that are associated with the concept of euthanasia are defined. Finally, this paper provides a framework for the articles that follow by suggesting that three central issues must be addressed in order to resolve the controversies surrounding euthanasia. These are (1) the establishment of standardized criteria of euthanasia eligibility, (2) the investigation of public attitudes regarding acceptable means for engaging in euthanasia, and (3) the evaluation of the roles of professionals who are directly involved in euthanasia decisions. We hope that the following articles will provide insight into these issues.     

Are the poor worse at dealing with ambiguity?

This paper studies the relationship between people’s ambiguity attitudes and income in the field using language as a natural source of ambiguity. It shows that the method of Baillon et al. (2017b) can be adapted for field studies, providing ambiguity measurement tasks that are more comprehensible for nonacademic subjects. Ambiguity attitudes were elicited in two groups of Chinese adolescents (poor rural and rich urban), among whom the income variation is big. In the rural group the poorer are both more ambiguity averse and more a-insensitive, whereas in the urban group the richer are more a-insensitivite. On average, the poor rural adolescents are worse at dealing with ambiguity than their urban counterparts. A-insensitivity, which measures people’s understanding of an ambiguous situation, is an important but sometimes neglected component of ambiguity attitude. Policies aiming to help people improve decisions may focus more on reducing a-insensitivity as this cognitive bias is more likely to be influenced by intervention than people’s intrinsic aversion towards ambiguity.     

Policy transfer routes: an evidence-based conceptual model to explain policy adoption

Although studies on policy transfer have expanded, a general and comprehensive understanding of policy transfer is lacking. This study offers an evidence-based explanation of policy transfer processes. We extracted constraining and facilitating factors from 180 empirical studies using PRISMA (Preferred Reporting Items for Systematic reviews and Meta-Analysis) and aggregated these factors into a conceptual framework. We synthesize our findings in four “transfer routes”. We conclude that actors could shape a subset of those factors by taking certain decisions regarding transferability, adoptability and process design, albeit within the boundaries of the environment.     

Risk aversion and physical prowess: Prediction,choice and bias

This paper reports on experiments where individuals are asked to make risky decisions for themselves, and to predict the risky decisions of others. Prior research shows that people predict women to be more risk averse than men, a result we confirm. We investigate whether differences in physical prowess underlie actual and perceived gender differences, a hypothesis suggested by both evolutionary and economic theories. Overall we find that perceptions of others’ risk attitudes reflect stereotypes about gender and strength but tend to exaggerate the underlying relationships. Physically stronger and taller people and those perceived as attractive are predicted to be more risk tolerant, while women are perceived to be more risk averse. The impact of gender and physical prowess measures on actual gamble choices is much weaker. Sources of prediction bias are examined, showing that specific characteristics of the target and predictor lead to systematic over-prediction or under-prediction of risk aversion.     

SPECIAL ISSUE： MIGRANT WORKESR IN THE COURSE OF URBANIZATION Factors influencing the migration intentions of rural workers in the Pearl River Delta

在中国城乡户籍制度存在的背景下,什么因素影响农民工选择城市户籍,做出永久性迁移的决策,是本文关注的问题。研究发现,如果以是否愿意放弃土地作为行为性永久迁移意愿的指标,那么影响农民工迁移意愿的主要因素是个体的迁移动力,是一个基于经济理性的选择;如果以是否愿意将户口迁入打工城市作为制度性永久迁移意愿的指标,那么影响农民工迁移意愿的主要因素则相对集中在地域性因素和制度合法性压力上,是农民工寻求制度保障来改变城市生活境遇的社会理性选择。在不同迁移意愿的人群中,个体迁移动力与制度合法性压力作用是不一样的。     

First Names and Crime: Does Unpopularity Spell Trouble?*

Objective. We investigate the relationship between first name popularity and juvenile delinquency to test the hypothesis that unpopular names are positively correlated with crime. Methods. To compare the names of juveniles in a state's population with the names of juveniles who received substantiated charges in that state's juvenile justice system, we construct a popularity name index. Regression analysis is used to examine the relationship among names, crime, and socioeconomic background of juveniles. Results. The distribution of first names in the state's population is different from the names of juvenile delinquents. Our results show that unpopular names are positively correlated with juvenile delinquency for both blacks and whites. Conclusions. Unpopular names are likely not the cause of crime but correlated with factors that increase the tendency toward juvenile delinquency, such as a disadvantaged home environment and residence in a county with low socioeconomic status.     

Judging parental competence: A cross‐country analysis of judicial decision makers' written assessment of mothers' parenting capacities in newborn removal cases

This paper examines the discretionary reasoning of the judiciary in three jurisdictions, England, Germany and Norway, in cases deciding whether a newborn child is safe with her parents or intervention is necessary. Our analysis focuses on one specific dimension of decision makers' exercise of discretion, namely, if and how the strengths and weaknesses of the mother are considered. The data material consists of all decisions concerning care orders of newborns from one large city in Germany from 2015 to 2017 (n = 27) and 2016 in Norway (n = 76) and all publicly available newborn removal decisions in England for 2015–2017 (n = 14). The findings reveal a high number of risk factors in the cases and less focus on risk‐reducing factors. The situation of the newborn is considered to be harmful, as most cases result in a care order. Judicial discretion differs by how much information, and what types of factors, are included in the justification for the decision. A learning point for decision makers and policymakers would be to actively undertake a balancing act between risk‐increasing and risk‐reducing factors.     

论行政司法强制执行和司法行政强制执行

在行政机关强制执行司法裁判和人民法院强制执行行政决定的行为性质定位问题上 ,文章不赞成笼统地归结为行政强制执行或司法强制执行 ,而提出行政司法强制执行和司法行政强制执行一对范畴 ,作为对上述强制执行行为性质的尝试性概括。同时 ,文章认为分权学说的基本精神在于揭示国家权力运作规律和政体模式的建构原则 ,并据此对我国复合型强制执行模式选择的合理性进行了论证。     

Child involvement in treatment planning and assessment in Israel

What can facilitate at‐risk children's involvement in treatment planning and assessment? We examine this question by investigating the perceptions, attitudes, and characteristics of Israeli social workers. We examine whether their seniority, views on the importance of children's participation, and their attitudes toward parents are related to their report of at‐risk children's involvement in treatment planning and placement decisions. At‐risk children's involvement includes preparing them to appear before the committees that handle placement decisions for youth and the social workers' willingness to consider children's opinions. Eighty coordinators of these committees in social services departments in Israel participated. Our findings indicate that, based on the coordinators' answers, at‐risk children are more likely to be involved in treatment planning and assessment committees when the child protection officers prepare parents prior to participating in the committee meetings, and when the coordinators assigned the case are more senior. The influence of children's opinions on the decisions of the committees was predicted by the weight their parents' opinions carried and whether their parents received any relevant materials prior to the committee meetings. Our findings highlight the importance of involving parents in treatment planning and assessment committees' decision making.     

The Welfare of the Child: An Examination of Judicial Opinion about Medical and Social Work Evidence in Adoption Cases

Summary An examination has been made of judicial decisions concerningadoption and custody of children since 1926. It has been foundthat, despite the legal principle that the 'welfare of the child'should be paramount, the law has been interpreted by judgesin ways at variance with the judgements of doctors and socialworkers about the child's welfare As late as 1969, by the orderof a Judge, a child was removed from adoptive parents and givento the jurisdiction of her natural father, who had strangledthe child's mother. The Law Lords in 1971 decided that medicalevidence about the harmful effects of a child's removal froma secure foster home was generally unnecessary, Judges beingable to decide these issues themselves. Cases are cited, whichhave not reached the courts, of children being taken from securefoster homes and placed in unsuitable surroundings by naturalparents. Some proposals for a change of law are proposed, aswell as in social work practice. The principle formulated isthat greater stress should be laid on the mental health andfuture well-being of the child, than on parental rights overthe child     

Taste uncertainty and status quo effects in consumer choice

We use reference-dependent expected utility theory to develop a model of status quo effects in consumer choice. We hypothesise that, when making their decisions, individuals are uncertain about the utility that will be yielded by their consumption experiences in different ‘taste states’ of the world. If individuals have asymmetric attitudes to gains and losses of utility, the model entails acyclic reference-dependent preferences over consumption bundles. The model explains why status quo effects may vary substantially from one decision context to another and why some such effects may decay as individuals gain market experience.