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Full-Text Articles in Law
Torture In The Eyes Of The Beholder, Mary-Hunter M. Mcdonnell, Loran F. Nordgren, George Loewenstein
Torture In The Eyes Of The Beholder, Mary-Hunter M. Mcdonnell, Loran F. Nordgren, George Loewenstein
Vanderbilt Journal of Transnational Law
This Article draws upon recent social psychological research to demonstrate the psychological difficulty of distinguishing between torture and enhanced interrogation. We critique the accuracy of evaluations made under the current torture standard using two constructs--reliability and validity--that are employed in the social sciences to assess the quality of a construct or metric. We argue that evaluations of interrogation tactics using the current standard are both unreliable and invalid. We first argue that the torture standard is unreliable because of the marked variation in the manner in which different jurisdictions interpret and employ it. Next, we draw on recent social psychological …
Lay Participation In The Japanese Justice System, Kent Anderson, Mark Nolan
Lay Participation In The Japanese Justice System, Kent Anderson, Mark Nolan
Vanderbilt Journal of Transnational Law
The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban-in seido). The proposed mixed-court will have judges and lay people deciding together both guilt and sentences in serious criminal cases. Its proponents have promised that the lay assessor system will produce better justice in the courts and a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining their subtly but importantly varied proposals. Second, the Authors historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing …