The role of death qualification in venirepersons' evaluations of aggravating and mitigating circumstances in capital trials

Death qualification is a part of voir dire that is unique to capital trials. Unlike all other litigation, capital jurors must affirm their willingness to impose both legal standards (either life in prison or the death penalty). Jurors who assert they are able to do so are deemed “death-qualified” and are eligible for capital jury service: jurors who assert that they are unable to do so are deemed “excludable” or “scrupled” and are barred from hearing a death penalty case. During the penalty phase in capital trials, death-qualified jurors weigh the aggravators (i.e., arguments for death) against the mitigators (i.e., arguments for life) in order to determine the sentence. If the aggravating circumstances outweigh the mitigating circumstances, then the jury is to recommend death; if the mitigating circumstances outweigh the aggravating circumstances, then the jury is to recommend life. The jury is free to weigh each aggravating and mitigating circumstance in any matter they see fit. Previous research has found that death qualification impacts jurors' receptiveness to aggravating and mitigating circumstances (e.g., Luginbuhl & Middendorf, 1988). However, these studies utilized the now-defunct Witherspoon rule and did not include a case scenario for participants to reference. The purpose of this study was to investigate whether death qualification affects jurors' endorsements of aggravating and mitigating circumstances when Witt, rather than Witherspoon, is the legal standard for death qualification. Four hundred and fifty venirepersons from the 11 th Judicial Circuit in Miami, Florida completed a booklet of stimulus materials that contained the following: two death qualification questions; a case scenario that included a summary of the guilt and penalty phases of a capital case; a 26-item measure that required participants to endorse aggravators, nonstatutory mitigators, and statutory mitigators on a 6-point Likert scale; and standard demographic questions. Results indicated that death-qualified venirepersons, when compared to excludables, were more likely to endorse aggravating circumstances. Excludable participants, when compared to death-qualified venirepersons, were more likely to endorse nonstatutory mitigators. There was no significant difference between death-qualified and excludable venirepersons with respect to their endorsement of 6 out of 7 statutory mitigators. It would appear that the Furman v. Georgia (1972) decision to declare the death penalty unconstitutional is frustrated by the Lockhart v. McCree (1986) affirmation of death qualification. ^

La represión sexual como tema recurrente en la obra de Federico García Lorca

The purpose of this dissertation is to demonstrate that sexual repression is a recurring theme throughout a selection of works by Federico García Lorca. The introductory chapter focuses on the sexual theories of Sigmund Freud and Michel Foucault in setting the foundation for an analysis of sexually frustrated characters. In chapter two, an analysis of Lorca's rural trilogy reveals how marginalized female characters struggle to preserve societal customs that subjugate them to the patriarchal hegemony by limiting their free will and their sexual freedom. The subsequent chapter elaborates on the theme of repression in poems where the oppressed voice expresses and denounces the intolerance and persecution of those who condemn homosexuality through metaphors of darkness, impurity, and barren love. Chapter four analyzes two avant-garde plays where the underlying message is that of a society that hampers the expression of homosexual love by silencing desire and forcing individuals to mask their identities. The conclusion demonstrates once more the effects of society on sexual freedom, as well as explaining that the recurrence of repressed women is not a pretext in portraying the homosexual saga, but a pre-text in presenting them as an equally marginalized group.

Achieving zero accidents—A strategic framework for continuous safety improvement in the construction industry

In the U.S., construction accidents remain a significant economic and social problem. Despite recent improvement, the Construction industry, generally, has lagged behind other industries in implementing safety as a total management process for achieving zero accidents and developing a high-performance safety culture. One aspect of this total approach to safety that has frustrated the construction industry the most has been “measurement”, which involves identifying and quantifying the factors that critically influence safe work behaviors. The basic problem attributed is the difficulty in assessing what to measure and how to measure it—particularly the intangible aspects of safety. Without measurement, the notion of continuous improvement is hard to follow. This research was undertaken to develop a strategic framework for the measurement and continuous improvement of total safety in order to achieve and sustain the goal of zero accidents, while improving the quality, productivity and the competitiveness of the construction industry as it moves forward. The research based itself on an integral model of total safety that allowed decomposition of safety into interior and exterior characteristics using a multiattribute analysis technique. Statistical relationships between total safety dimensions and safety performance (measured by safe work behavior) were revealed through a series of latent variables (factors) that describe the total safety environment of a construction organization. A structural equation model (SEM) was estimated for the latent variables to quantify relationships among them and between these total safety determinants and safety performance of a construction organization. The developed SEM constituted a strategic framework for identifying, measuring, and continuously improving safety as a total concern for achieving and sustaining the goal of zero accidents.

Dulce Maria Loynaz' Jardin: Subversive tropological discourse

The purpose of this dissertation is to analyze how the tropes or figurative discourse in Loynaz’s novel, Jardín, becomes a means by which she involves the reader within a text that subverts socio-cultural conventions. Through textual analysis, it explains how the poet communicates her views of the world as a conflictive space where existence is the will to live, life being a human construction like a garden, and a woman’s decision –often frustrated by men– to seek self-realization.^ By tracing some critical studies focused on polarities allegedly present in Jardín, such as: poetry/prose, lyric poetry/novel, word/silence, life/death, character novel/space novel, civilization/barbarism, posmodernismo/vanguardismo, and femininity/feminism, this essay explores Loynaz’s esthetic and ideological codes to demonstrate how opposition can be seen in her novel as part of her arrangement of an artistic philosophy.^ This research refers to three main sources: the semiotician Umberto Eco’s notion of the text’s indeterminacy as an opera aperta, reception theory, and Mikhail Bakhtin’s concept of dialogism. By applying these theories to the analysis of this novel, I seek to show Loynaz’s literary modus (tropological language) and ideological dictum , which correlate oppositions and transform them as a point of departure to reconsider civilized life. The poet is presented as an esthetic force that compels the reader to question some false values, by creating an implicit but intelligent dialogue between him/her and a lyrical text. To describe such literary procedure, I coin in this study the term dialirismo (dialyricism). ^ My essay is centered on the tropes through which Loynaz creates her dialyrical text. By focusing on metaphor, symbol, synecdoche, and metonymy, I examine Jardín as a convergence of the following conceptual aspects: intertextuality, primitivism, and feminist discourse. I argue that Loynaz’s novel is a creative response to the literary tradition, as well as a proposal to understand writing –and reading– as an open, interactive process in search not only of artistic values but also of critical knowledge.^ This exploration shows how the novelist faces a so-called civilized world through the eyes of her fictional character, Bárbara, who confronts patriarchal discourse. It celebrates Loynaz’s poetic representation of this inquisitive woman, in her fenced garden, as a human being who can see, above and beyond an iron curtain, the possibility to overcome an aggressive male-centered civilization.^