Off-Farm Employment Opportunities and Educational Attainment in Rural China

Labor and Human Capital,

On getting inside the judge’s mind

According to the scales of justice, the judge, in an unbiased way and directed by law, attends to all of the available information in a case, weighs it according to its significance, and integrates it to make a decision. By contrast, research suggests that judicial decision-making departs from the cognitive balancing act depicted by the scales of justice. Nevertheless, the research is often dismissed as irrelevant, and the judiciary, legal policy-makers and the public remain largely unconvinced that the status quo needs improving. One potential rebuttal to the scientific findings is that they lack validity because researchers did not study judges making decisions on real cases. Another potential argument is that researchers have not pinpointed the psychological processes of any specific judge because they analyzed data over judges and/or used statistical models lacking in psychological plausibility. We review these two grounds for appeal against the scientific research on judicial decision-making, and note that it appears researchers’ choices of data collection methods and analytic techniques may, indeed, be inappropriate for understanding the phenomena. We offer two remedies from the sphere of decision-making research: collecting data on judicial decision-making using representative design, and analyzing judicial decision data using more psychologically plausible models. Used together, we believe these solutions can help researchers better understand and improve legal decision-making

Interventions to increase physical activity in disadvantaged communities: A review of behavioural mechanisms. ESRI Working Paper No. 646 December 2019

Physical inactivity is now a significant driver of health and social inequalities among socioeconomically disadvantaged communities and poses a major challenge to policymakers, worldwide. Although a vast amount of research has focused on designing and evaluating interventions to increase physical activity, there remains little consensus on which interventions are likely to work. In this narrative review, we build on previous reviews by not only examining what interventions tend to work but by trying to understand why certain interventions tend to work, while others do not, through the lens of behavioural science. We present a behavioural framework through which the existing body of physical activity research could be viewed, in order to identify potentially effective mechanisms that would be likely to work in their intended domain. Our analysis finds that while there is evidence that the physical and educational environment matter for increasing levels of physical activity, interventions are more likely to be successful where they involve a social component. We conclude that a behaviourally informed physical activity intervention would thus employ a set of focused educational and socially-mediated behavioural mechanisms, within an appropriate physical environment

Statistical analyses of court decisions: an example of multilevel models of sentencing

Quantitative empirical research into legal decisions must be conducted using statistical tools that are appropriate for the data involved. Court decisions are one example of a domain where the data is intrinsically hierarchical (i.e., multilevel), since decisions are made on individual cases by decision-makers in courts located across geographical (or jurisdictional) areas. Past research into court decisions has often either neglected higher level variables or incorrectly used single-level statistical models to analyze multilevel data. The lack of a clear understanding about when and why multilevel statistical models are required may have contributed to this situation. In this paper, we identify the problems of estimating single-level models on hierarchically structured data, and consider the advantages of conducting multilevel analyses under these circumstances. We use the example of criminal sentencing research to illustrate the arguments for the use of multilevel models and against a single-level approach. We also highlight some issues to be addressed in future sentencing studies

Quasirational models of sentencing

Cognitive continuum theory points to the middle-ground between the intuitive and analytic modes of cognition, called quasirationality. In the context of sentencing, we discuss how legal models prescribe the use of different modes of cognition. These models aim to help judges perform the cognitive balancing act required between factors indicating a more or less severe penalty for an offender. We compare sentencing in three common law jurisdictions (i.e., Australia, the US, and England and Wales). Each places a different emphasis on the use of intuition and analysis; but all are quasirational. We conclude that the most appropriate mode of cognition will likely be that which corresponds best with properties of the sentencingtask. Finally, we discuss the implications of this cognition-task correspondence approach for researchers and legal policy-makers

Criminal Sentencing by Preferred Numbers

Criminal sentencing is a complex cognitive activity often performed by the unaided mind under suboptimal conditions. As such, sentencers may not behave according to policy, guidelines and training. We analyzed the distribution of sentences meted out in one year in two different jurisdictions (i.e., England and Wales, and New South Wales, Australia). We reveal that sentencers prefer certain numbers when meting out sentence lengths (in custody and community service) and amounts (for fines/compensation). These ‘common doses’ accounted for over 90% of sentences in each jurisdiction. The size of these doses increased as sentences became more severe, and doses followed a logarithmic pattern. Our findings are compatible with psychological research on preferred numbers and are reminiscent of Weber’s and Fechner’s laws. The findings run contrary to arguments against efforts to reduce judicial discretion, and potentially undermine the notion of individualized justice, as well as raise questions about the (cost) effectiveness of sentencing

Stand up and fight: a case study of a professional rugby club negotiating a COVID-19 crisis, a talent development perspective

A wealth of literature examines the role of challenge from an individual psychological perspective, but research investigating how a talent development system can proactively support athletes to successfully meet the ever-increasing demands of top-level professional sport is less prevalent. This study takes advantage of a naturally occurring but highly atypical developmental challenge as a result of COVID-19 to examine factors influencing the efficacy and effectiveness of the talent development pathway at Munster Rugby. Players and staff (n = 12) took part in semi-structured interviews exploring their experiences of the build-up to the event, the game itself, and the impact post-event. The data were subsequently analysed using Reflexive Thematic Analysis. Players and coaches highlight the groundwork undertaken to establish alignment and coherence, both horizontally and vertically across the talent development environment, and how this contributed to navigating the challenge successfully. The findings support the necessity of both the player and the talent development system being prepared to enable players to perform at the highest level. The findings point to an overlap between the development and performance phases of a player’s journey and the need to integrate short- and long-term objectives within a talent development syste

The Effectiveness of Sentencing Options on Reoffending

No abstract available

The role of character-based personal mitigation in sentencing judgments

Personal mitigating factors (PMFs) such as good character, remorse and addressing addiction help sentencers evaluate an offender's past, present and future behavior. We analyzed data from the 2011–2014 Crown Court Sentencing Surveys in England and Wales to examine the relationship between these PMFs and custodial sentences passed on assault and burglary offenses, controlling for other sentencing relevant factors. Beyond revealing the distribution and co-occurrence of the three PMFs, it was found that good character, remorse and addressing addiction all had a significant mitigating effect. The effects of addressing addiction were the strongest of the three across both offense types, while good character had a stronger effect on burglary than assault. In addition, some mitigating factors appear to be underweighted when they occur together. We consider the implications of these findings for sentencing policy and practice