A Defence of Jury Nullification

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification.R. Pound, Law in Books and Law in Action, American Law Review 44 (1910),18.The term jury nullification is synonymous with jury equity. The use of jury nullification has been suspected of playing a role in the infamous trials of O. J. Simpson and Rodney King in the last decade. See People v Simpson, No. BA097211 (Cal. Super. Ct. 1995); People v Powell, No. BA035498 (Cal. Super. Ct. 1991).     

Punishment insensitivity and parenting: temperament and learning as interacting risks for antisocial behavior

We review ideas about individual differences in sensitivity or responsiveness to common disciplinary behaviors parents use to correct aggressive and antisocial behavior in children. At extremes, children may be seen as punishment-insensitive, an heuristic with some value relevant to models of the development of antisocial and aggressive behavior disorders. Literature from diverse fields, such as psychopathy, child temperament, socialization and the development of moral conscience, conditioning theory, and personality theory, have all utilized the idea that humans differ in their sensitivity to aversive stimuli and the cues that signal their occurrence, as well as their ability to inhibit reward-driven behavior, in the presence of punishment cues. Contemporary thinking places these dispositions squarely as basic biological aspects of temperament that moderate the effects of the environment (e.g., parenting) on outcomes (e.g., mental health). We review a largely forgotten literature that shows clearly that sensitivity to punishment is also reliably influenced by the environment itself. An attempt is then made to model the interactional processes by which parenting and punishment sensitivities in children magnify or diminish each other's progress toward healthy or antisocial development. Implications for parenting of children with low responsiveness to punishment strategies are discussed.     

Punishment happens: some comments on Lerman and Vorndran's review

Some readers will view the article by Lerman and Vorndran as controversial. It is a review of existing basic and applied research on punishment and a call for additional research on punishment. The thesis of my commentary is that the paper should not be viewed as controversial. Punishment happens. To ignore a natural phenomenon and its implications for a technology of behavior is akin to ignoring the physical nature of the universe. A science and a technology of behavior are incomplete without research on punishment. Five reasons to pursue punishment research are discussed, along with some caveats.     

Religious fundamentalism and perceived threat: a report from an experimental study

This study investigated the experimental effect of threat on religious fundamentalism (RF) and the tendency towards reprisal. We presented 102 Christians with one of three scenarios, involving the hire of a Christian biologist, evolution biologist, or a (neutral) communications expert as professor at their university, and also the subsequent sanctioning of his speeding violation. Moderated multiple regression analyses of Christian/evolutionist data found that low RF endorsed the evolutionist and high RF endorsed the Christian; further, participants levied a higher court fine on the speeding evolutionist, regardless of RF. Analyses of Christian/neutral data found that low RF discriminated in favour of the neutral candidate, whereas high RF did not discriminate between candidates; also, low RF sanctioned the neutral candidate with a speeding ticket, while high RF sanctioned the Christian. Overall findings indicated that fundamentalists were not necessarily aggressive or punitive and that they reacted no different from non-fundamentalists when values were threatened.     

Perceived Learner School Citizenship Behaviours in a Sample of Historically Disadvantaged South African Primary Schools

This study investigated learner in-school behavioral adjustment after the banning of corporal punishment in South African schools. Participant informants were 16 teachers from eight schools in a historically disadvantaged school district. Of the 16 teachers (females=10, age range between 35 and 56 years). They responded to a structured questionnaire which focused on the level of good citizenship behavior among township primary school learners. The data were quantitatively analyzed. Findings suggest that the teachers perceived the learners to have good behavioral adherence regarding attendance and learning participation. The teachers perceived some learners to have significant disruptive behavior and to display negative attitudes towards peers and teachers. The teachers did not perceive a role for parents in managing learners' in-school behavior. Retrospectively, it appeared the abolition of corporal punishment did not result in increased behavioral non-adherence by the learners.     

Functions Served by Corporal Punishment: Adolescent Perspectives

This exploratory study investigated the functions served by corporal punishment as perceived by high school students in a developing country. A qualitative research design was used. Participants were a convenient sample of five high school students. Data were collected using the focus group interview technique. Results show that adolescents have contesting views on the functions served by corporal punishment in school. Adolescents' perspectives coalesced into three main conceptual spheres namely: hedonistic/sadistic, regulatory and instrumental functions. Teachers and other professionals, whose mandate is the welfare of adolescents, need to recognise the influence and importance of adolescent perspectives on functions served by corporal punishment.     

With Liberty and Some Justice for a Few: Thinking Theologically about Criminal Justice

The current crisis in the American criminal justice system begs for theological response, and its sources need theological critique. The recent proposed statement of the ELCA draws attention to the needs of victims of crime and their families, and makes sensible recommendations for paths to greater justice. In doing so it is important to remember what forms of justice are possible under the jurisdiction of fallible, earthly institutions.     

Pilot study testing the effects of a multicomponent intervention for increasing moderate-intensity physical exercise

Physical inactivity has been associated with several health problems, including diabetes, obesity, and heart disease. Although many of these health problems are preventable through regular exercise, a small percentage of the adult population engages in the recommended levels. Reinforcement-based interventions have been implemented successfully to promote physical activity, but studies targeting moderate or vigorous physical exercise using behavior-analytic interventions are scarce. The purpose of the current study was to investigate the feasibility of a multicomponent intervention that provided monetary incentives for increasing running, jogging, or brisk walking distance for five adults. The intervention lasted 6 weeks and comprised weekly goal setting, feedback, public posting, and group contingencies. The results of the study suggest that the intervention may be feasible and effective at increasing moderate physical activity to levels recommended by the federal guidelines, but further research is warranted.