Judicial use of social science research

American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research associal authority, fact-finding research associal fact, and context-providing research associal framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.This article was prepared under the auspices of the Task Force on Judicial and Regulatory Decisionmaking of the Carnegie Commission on Science, Technology, and Government. The views expressed are those of the authors rather than of the Task Force or the Commission. We are grateful to David Z. Beckler, Associate Director, for his comments. Requests for reprints should be sent to either author at the School of Law, University of Virginia, Charlottesville, VA 22901.     

The use of the determinate sentence—an historical perspective: A research note

During the past decade, the move toward determinate sentencing has been rapid, spurred by the fear of crime and a spiralling crime rate. In the 1920s the state of Ohio faced similar circumstances and altered its sentencing structure. This note examines this event and reveals that some unintended negative consequences can result from a shift in sentencing.     

Differences in osteon banding between human and nonhuman bone

The objective of this paper is to compare patterns of osteon organization in human and nonhuman bone. A linear organization of Haversian systems in nonhuman bone, where osteons line up in rows, has been reported but has not been quantified. The present research provides a quantitative examination of this observation through a comparative analysis of the femoral midshaft from human and nonhuman bone. Femoral midshaft thin sections from 60 humans were compared to femoral midshaft sections from nine sheep and six miniature swine. The presence or absence of osteon banding was recorded and, if present, described. Results indicate that 2 out of 60 human sections and 5 out of 15 nonhuman sections exhibit osteon banding (chi2 = 9.46; p < 0.01). Further, the type of banding present in the human and nonhuman samples is easily distinguished, indicating that human and nonhuman bone can be distinguished where handing is present in this study.     

The use of emission spectrum analysis in the forensic medical expertise of gunshot wounds (experimental research)

Presents the methodology of experimental shots from various guns (n = 11) by common cartridges and of emission spectral analysis (ESA) which was used to study the regularities in deposition of "gunshot metals" at the site of gunshot injuries and to detect the characteristic differences in shooting with and without obstacles. Effects of some factors on deposition of metal components of gunshot products at the site of gunshot injuries are studied: type of gun, shell (with/without coating or semicoated), presence of obstacles, distance, and order of the shot. Results of studies are presented for some guns, which may be useful in forensic medical expert evaluations by means of ESA.     

The governance of human genetic research databases in mental health research

The field of mental health offers a valuable context in which to examine new challenges presented by human genetic research databases to the legal, ethical and regulatory frameworks for human genetic research. Longitudinal prospective genetic research of psychiatric disorders often involves access to human genetic research databases and to stored tissue for future uses that cannot be specified at the time the patient consents to their collection. The potential of such research to contribute to an improved understanding and treatment of complex genetic diseases such as schizophrenia presupposes sound ethical, legal and regulatory frameworks to ensure public trust and preparedness to participate in such research. This article provides a brief overview of some of the ethical and legal challenges posed by human genetic research databases and their implications for how genetic research should be conducted in the field of mental health.     

The role of substance use in male-to-female physical and sexual violence: a brief review and recommendations for future research

Literature addressing the relationship between substance use and physical and sexual violence against women is reviewed briefly. There is substantial evidence of a relationship between men's substance use and perpetration of physical violence, some evidence of a relationship between women's substance use and experiences of sexual aggression, but weak evidence that men's substance use contributes to sexual aggression or that women's substance use contributes to their physical victimization. Understanding the mechanisms underlying the relationship between substance use and violence relationship will be facilitated by narrowing the scope of research questions to identify for whom there is a relationship and under what circumstances.     

The mirror's use in suicide

Eleven suicides in which the victim took his or her life while looking into a mirror are presented. The psychoanalytic implications of this extreme form of narcissism are discussed. Investigators should have a high index of suspicion of suicide in cases where a dead body is positioned in front of or near a mirror.     

Whole bovine blood use in forensic research: Sample preparation and storage considerations

Mammalian whole blood sources are often used for forensic research and training when human samples cannot be sourced. While porcine, ovine and equine blood have been shown to be viable alternatives to whole human blood for forensic purposes, procurement can still pose a problem, especially for smaller and remote institutions. This work explores the use of whole bovine blood for basic bloodstain simulation. Sample preparation through the addition of ACD-A anticoagulant was optimized and storability was explored. Viscosity, surface tension, density, and packed cell volume, four fluid properties relevant to bloodstain pattern analysis, were monitored over four days and in two temperature conditions. Linear mixed models accounting for variation in the donor demonstrated that these fluid properties of the bovine blood changed predictably over time and with temperature. Whole bovine blood with 12.5% v/v ACD-A was found to be viable for use in basic bloodstain simulation at ambient and physiological temperature.     

The use of chromosomes in paternity actions

The authors performed paternity investigations for many years by the order of the court and on this basis they give expert opinion in discussed paternity cases. In recent years opinion was given with the help of chromosome studies in cases where neither blood group nor anthropology investigations were decisive. From a couple of hundred persons the thickening of the heterochromatic part of the chromosomes studied by C-band methods is evaluated (1, 9, 16, Y) and (within this) the occurrence of total or partial inversion is observed. The frequency of polymorphism was studied among the chromosomes investigated by the C-band technique. From these data the authors aimed at deducing exact relationship: and forming the most exact possible expert's opinion in this problem which is of social significance as well.