Assertions of “Future Dangerousness” at Federal Capital Sentencing: Rates and Correlates of Subsequent Prison Misconduct and Violence

The federal prison disciplinary records of federal capital inmates (n=145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction =0.324, assaultive infraction =0.207, serious assault =0.09, assault with moderate injury =0.007, assault with major injuries or death =0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n=18,561), regardless of infraction severity. Government assertions of "future dangerousness" as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.     

William Talbott’s Which Rights Should be Universal?

In this review essay, I first set out and then subject to criticism the main claims advanced by William Talbott in his excellent recent book, “Which Rights Should be Universal?”. Talbott offers a conception of basic universal human rights as the minimally necessary and sufficient conditions to political legitimacy. I argue that his conception is at once too robustly liberal and democratic and too inattentive to key features of the rule of law to play this role. I suggest that John Rawls’s conception of human rights comes closer to hitting the mark Talbott sets for himself and that Talbott incorrectly rejects Rawls’s view. I conclude that what likely divides Talbott and Rawls is that Rawls, but not Talbott, explicitly frames the inquiry into the minimally necessary and sufficient conditions to political legitimacy in terms of a liberal democratic people attempting to determine, as a matter of its just foreign policy, whether or not to recognize other organized polities as independent and self-determining within the international order.     

Application of non-contact scanning to forensic podiatry: A feasibility study

Foot impression evidence recovered from crime scenes can be available in the form of barefoot prints, sock-clad footprints, or as impressions within footwear. In some cases, suspects leave their footwear at the scene of the crime, and the insoles from the footwear can be important in linking a person to the footwear. The application of 3D data-collecting technology is becoming more and more popular within forensic science and has been used to recover footwear impression evidence. The present study is a feasibility study to discover if 3D data capturing devices can be applied to insoles; to capture the footprint impression for measurement using the Gunn method (a method used in forensic podiatry casework). Three different methods of data capture were conducted; Adobe Photoshop, MeshLab, and calipers used directly on the insole. Paired t-tests and Intraclass Correlation Coefficient (ICC) were conducted for all three data capture methods. Seven measurements used in this study were significantly different across all three methods. ICC scores were moderate to excellent for the Photoshop method, poor to good for the 3D method, and moderate to excellent for the Direct method.     

Community violence to prison assault: A test of the behavioral continuity hypothesis

This large-scale study (N = 23,277) investigated the relationship between criminal history in the community and serious or assaultive prison misconduct, while controlling for the effects of inmate characteristics, general criminality, and custody level. Community violence variables included the rate of prior violent crime arrests and the types of prior violent crime, as well as a range of specific violent crimes of conviction. Behavioral continuity from community to prison was neither simple nor intuitively discernible, depending on the type, recency, and pattern of community criminality. Application of logistic regression models revealed that the omnibus measure of the rate of prior violent arrests was not related to either serious or assaultive prison misconduct. Prior arrests for assault and current convictions for robbery and/or assault, but not prior or current homicides, were associated with an increased risk for prison violence. Current conviction for a sexual assault had the strongest inverse relationship to prison violence, while prior arrests for sexual assault showed no relationship to prison violence. A more "nuanced" approach in assigning risk ratings based on prior criminal history and seriousness of offense is recommended. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

The property-contract boundary: an economic analysis of leases

This paper examines how the legal design of a leasing arrangementaffects the value of the leased asset. The model focuses onthe incentive problems that arise when the ownership and useof an asset are separated. The results suggest that an efficientlydesigned lease may involve elements of property law, contractlaw, or both. This conclusion helps explain why the law of leaseshas historically occupied the nexus between these two areasof the common law.