Context effects and observer bias--implications for forensic odontology

Psychologists have long recognized the effects of contextual and extraneous information on decision making. Such information renders the subject susceptible to both motivational and cognitive bias; yet, it is difficult to assess the extent to which these influence forensic odontologists opinions as there have been no studies to date on this subject. This article explores the various types of contextual effects and biasing influences that potentially impact on the analysis of bitemarks in forensic odontology. It appears that the current practice of bitemark analysis is rich in sources of potentially biasing influences. In addition to the fundamental recognition that some form of bias is likely to exist, ways in which these should be minimized include: separation of the collection and analysis phases; limiting the amount of contextual information available to the odontologist responsible for the analysis; and ensuring that evidence that is ambiguous or of poor quality is identified as such prior to analysis.     

On the selection of capital juries

Death qualification may bias capital juries not only because it alters the composition of the group “qualified” to sit, but also because it exposes them to an unusual and suggestive legal process. This study examined some of the effects of that process. Subjects were randomly assigned to one of two conditions in which they were exposed to standard criminalvoir dire that either included death qualification or did not. Subjects who were exposed to death qualification were significantly more conviction prone, more likely to believe that other trial participants thought the defendant was guilty, were more likely to sentence him to death, and believed that the law disapproves of death penalty opposition. Several psychological features of the death-qualification process are suggested to account for the biasing effects.     

Death Qualification in Black and White: Racialized Decision Making and Death‐Qualified Juries

Death qualification has been shown to have a number of biasing effects that appear to undermine a capital defendant's Sixth Amendment right to a fair jury. Attitudes toward the death penalty have shifted modestly but consistently over the last several decades in ways that may have changed the overall impact of death qualification. Specifically, the very large gap between black and white Americans' current support for capital punishment raises the question of whether death qualification procedures disproportionately exclude African Americans from capital jury participation. In order to examine this possibility, we conducted two countywide death penalty attitude surveys in the California county that has the highest percentage of African American residents in the state. Results show that death qualification continues to have a number of serious biasing effects—including disproportionately excluding death penalty opponents—which result in the significant underrepresentation of African Americans. This creates a death‐qualified jury pool with the potential to be significantly more likely to ignore and even misuse mitigating factors and to rely more heavily on aggravating factors in their death penalty decision making. The implications of these findings for the fair administration of capital punishment are discussed.     

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.     

The insanity defense to suicide

The certification of suicide as the manner of death can result in either the complete loss or a significant reduction in life insurance benefits to the victim's survivors. It is, thus, not uncommon for these beneficiaries to contest suicide as the manner of death. Insanity is a recognized defense in law against suicide. It is recognized in law that, in some cases, an insane man cannot intentionally destroy himself. However, it is also recognized that life insurers can exclude suicide by an insane man from coverage. This article discusses the common law doctrines upon which the insanity defense to suicide is based, with references to judicial opinions from cases which involve contested suicides and the issue of insanity.     

The Cultural Context of Restorative Justice: Journeys Through Our Cultural Forests to a Well-Spring of Healing

In the field of Conflict Transformation, Restorative Justice (RJ) is often perceived as a transformative process focused on healing relationships after a specific harm. The parties considered in a RJ setting are those harmed, those responsible and the community impacted. This is particularly true in the field of criminal and transitional justice, and in an extended and spiritual view, there is reconciliation with the parties and God. Despite cultural differences, RJ theory and concepts have been accepted favorably in the many countries. From a viewpoint focused on methodology and process, however, cultural differences have a significant effect for implementation. For example, important concepts such as control, choice, harm, responsibility, apology, shame, reconciliation and forgiveness vary greatly in the manner in which they are perceived from culture to culture and may create obstacles for successful implementation of a successful process when one culture’s process and definitions are forced upon another. Therefore, promotional factors (i.e., culture and religion) and the implication of semiotics (cultural definition or meaning) are an absolute consideration in developing a RJ process within a particular culture. This paper discusses the cultural differences between the United States and Japan with regard to semiotic obstacles in the implementation of a RJ model in the Japanese criminal justice system. While the exploration of cultural differences, particularly between the United States and Japan is not new and has been the focus of many disciplines, little has been considered regarding the assimilation and implementation of a Western RJ model into the Eastern culture of Japan. In sum, is an attempt to clarify and integrate the effects of cultural differences for some factors (i.e., Control/Choice, Harm, Apology, Responsibility, Shame, Forgiveness, and Reconciliation) as they apply to a RJ based reconciliation process focused in Semiotics, Social psychology and the Sociology of law as they apply to the United States and Japan.     

Pretrial Publicity and Civil Cases: A Two-Way Street?

Published pretrial publicity (PTP) research has been conducted almost exclusively with criminal cases and has focused on PTP that is detrimental to the defense. The current research examined the effects of PTP in a civil case to determine if PTP can have a biasing effect against either the defendant or the plaintiff in civil litigation. In Experiment 1, participants exposed to PTP biased against the defendant were more likely to reach a liable verdict than participants who read a control article or PTP biased against the plaintiff. Experiment 2 demonstrated that a judicial admonition did not reduce the biasing effect of PTP about a civil defendant. However, participants given the admonition both before and after the trial evidence viewed the defendant as less culpable than participants given the admonition after the trial only or not at all. The implications for the legal system are discussed.     

The Application of Learning Theory to Serial Murderor “You Too Can Learn to be a Serial Killer”

Popular ideas concerning serial murder see these killings as an act committed by a deranged or irrational individual. This article contends that this is not the case, but that the killer is behaving in a manner which makes sense and is logical to the killer and is a response to some perceived wrong. The process through which this reponse occurs is detailed. The conclusion suggests that if serial murder is indeed a learned response then this response can be “unlearned” and the serial murderer can be restored to again function within society.     

Social Constructionism and Criminology: Traditions,Problems and Possibilities

Over the last twenty years, the prison system, border controls, crime prevention programmes, anti‐terror measures and private security companies have expanded within Europe. This article discusses some of the implications. It will be argued that we are witnessing a paradigmatic shift in the manner in which state‐sanctioned force is employed. The distinction between what is criminal, to be dealt with by the justice system, and what creates a ‘perception of security’—formerly to be dealt with by social policy—is being eroded at both macro‐ (‘war on terror’) and micro‐ (‘public order’) levels. The rule of law is giving way to a security mentality, where force is employed on the basis of risk assessments. Social problems are re‐interpreted as security threats, and met with measures recreating the original threats. This gives the policy field a distinctive rationality of its own.     

Challenges in Implementing Justice Research in the Allocation of Natural Resources

Water reform in Australia has demanded that water usage for irrigation operates in an environmentally sustainable manner. It has resulted in the need to reduce allocations in some local communities, and to date government policy has relied on economic instruments to take the lead in developing equitable processes to do this. A series of community-based justice studies were undertaken and demonstrated that it is possible to derive a package of actions, which reflect the fairness judgments of the vast majority of the community. However, the implementation of these actions within the decision-making process has proven to be a more complex matter. This paper discusses four professional, methodological, and ethical challenges for all justice researchers. It concludes by noting the applicability of this form of research in other natural resource allocation dilemmas. Therefore it is imperative that justice researchers confidently insert themselves in to environmental policy debates. Only in this way will the social criteria for triple bottom line accounting for sustainable development be adequately represented.     

When is a capitally charged defendant incompetent to stand trial?

Competence to stand trial is a functional test rather than a bright line test, which therefore requires a case and fact specific assessment of a client's abilities in context. This article discusses competence in the context of capital trial cases. There are serious potential pitfalls for the client when raising incompetence and the decision to do so must be based on the specific ways in which the client's mental illness interferes with specific abilities to communicate with counsel and understand the proceedings. This article addresses counsel's duties in the context of assessing competence, but focuses on the little addressed issue of what abilities a client must have and what tasks a client must participate in so as to be engaged in a competent manner. It also discusses the types of conditions which may interfere with competence to stand trial.     

试析《国际统一私法协会国际商事合同通则》的性质和功能

《国际统一私法协会国际商事合同通则》(简称《通则》)依其设计具有六种功能。实证分析表明,《通则》作为国际商事合同准据法的功能和作为解释工具的功能都得到了一定程度的实现。《通则》已经是现实中的实在法,是一种优良的法律资源。从《通则》的功能看其性质,可以将《通则》定性为特殊的合同法国际重述,即:《通则》是可以作为国际商事合同适用法的、部分内容可以视为国际商事惯例之成文编纂的、法典化的国际商事合同法重述。《通则》的出现使国际商法的发展进程产生了质的飞跃。我国法院、仲裁庭和企业可以考虑改变对通则的态度,从漠视转为积极运用。     

Freestanding emergency centers: regulation and reimbursement

The freestanding emergency center, which combines the functions of a doctor's office and a hospital emergency room, has emerged as a new provider of health care. These centers have generated considerable controversy over their role in the health care market. Proponents argue that freestanding emergency centers reduce costs by providing care in a more efficient manner and cause other health care providers such as hospital emergency rooms to reduce costs and improve service. Opponents argue that the centers create an additional layer of health care which duplicates existing services and increases total health care costs. This Note examines the controversial issues of licensure, regulation and reimbursement. The Note concludes that freestanding emergency centers can help to reduce health care costs and discusses the steps that should be taken to aid centers in achieving this goal. reduce health care costs and discusses the steps that should be taken to     

Laboratory simulation and bias in the study of juror behavior

Theoretical speculation and meta-analysis suggest that the strength of treatment effects (e.g., defendant attractiveness) may become weaker as the experimental simulation becomes more realistic and complex. In order to test this hypothesis, various levels of biasing pretrial publicity were combined with both a short and a long trial. Results provided no support for the contention that treatment effects act differently as a function of the length of the stimulus trial in which they are embedded. Rather, it is suggested that treatments used in simplified jury simulations may often show similar effects when examined in more realistic, complex settingsif the treatments are comparable.This research was supported by NSF Research grant No. SES 8419944 to the second author, John Carroll, and James Alfini. Portions were presented at the Midwestern Psychological Association Convention, Chicago, May 7–9, 1987.     

When finding nothing may be evidence of something: Anti-forensics and digital tool marks

There are an abundance of measures available to the standard digital device users which provide the opportunity to act in an anti-forensic manner and conceal any potential digital evidence denoting a criminal act. Whilst there is a lack of empirical evidence which evaluates the scale of this threat to digital forensic investigations leaving the true extent of engagement with such tools unknown, arguably the field should take proactive steps to examine and record the capabilities of these measures. Whilst forensic science has long accepted the concept of toolmark analysis as part of criminal investigations, ‘digital tool marks’ (DTMs) are a notion rarely acknowledged and considered in digital investigations. DTMs are the traces left behind by a tool or process on a suspect system which can help to determine what malicious behaviour has occurred on a device. This article discusses and champions the need for DTM research in digital forensics highlighting the benefits of doing so.     

Regulation,consultation and divergent community views: the case of access to ART by lesbian and single women

In the many countries which have some form of regulation of ART, a public consultation of some sort is a frequent feature of either the process leading up to regulation or of the regulatory mechanism itself. Not surprisingly, widely divergent views on the moral and political acceptability of ART are expressed during such consultations. And while such diversity of opinion is to be expected, and some even argue welcomed, in pluralist liberal democratic societies, it is often unclear how these divergent community views are and ought to be fed into the opinion-forming and decision-making processes of governments or the bodies that advise them. This article discusses first why regulation of ART may be justified, even when there is radical moral disagreement in the community, and why public consultations should play a central role in the work that advisory bodies undertake in making regulatory recommendations to government. Then, it both proposes and justifies a method for dealing with the contradictory moral views expressed by interested parties during the consultation process. To illustrate this method, the example of the attempt by single and lesbian women to access donor insemination services and ART is used.     

清算中公司的诉讼主体地位及清算组相关法律问题研究

公司在清算过程中的法律问题很多,近年来随着经济的发展,法人人格的认定与否认,法人主体资格消灭的条件,企业法人的解散与终止的区别,《企业法人营业执照》中具有哪些效力以及它所代表的法人民事主体资格的公示公信力问题及公司清算组的权利、清算程序等问题都一直出现在大量的法律实践中,本文主要围绕清算中公司的诉讼主体地位,公司清算组的法律属性,清算组公告的债权申报期限的除权效力等三个问题进行了一些浅显的探讨。     

Social impact analysis on technology transfer

As societies and cultures are changed, technology transfer is an integral part of the process of creating a new world order. A primary question is whether technology transfer serves as a force for good or evil. Based on some of the recent history of the United States and the impact oftechnology transfer upon a small group of tribal people in India, this article discusses the need for a social impact analysis approach to ameliorate the negative effects of rapid changes caused by unregulated technology transfer.     

Estimating Treatment Effects and Predicting Recidivism for Community Supervision Using Survival Analysis with Instrumental Variables

Criminal justice researchers often seek to predict criminal recidivism and to estimate treatment effects for community corrections programs. Although random assignment provides a desirable avenue to estimating treatment effects, often estimation must be based on observational data from operating corrections programs. Using observational data raises the risk of selection bias. In the community corrections contexts, researchers can sometimes use judges as instrumental variables. However, the use of instrumental variable estimation is complicated for nonlinear models, and when studying criminal recidivism, researchers often choose to use survival models, which are nonlinear given right-hand-censoring or competing events. This paper discusses a procedure for estimating survival models with judges as instruments. It discusses strengths and weaknesses of this approach and demonstrates some of the estimation properties with a computer simulation. Although this paper’s focus is narrow, its implications are broad. A conclusion argues that instrumental variable estimation is valuable for a broad range of topics both within and outside of criminal justice.     

Instruction Bias and Lineup Presentation Moderate the Effects of Administrator Knowledge on Eyewitness Identification

Pairs (N = 234) of witnesses and lineup administrators completed an identification task in which administrator knowledge, lineup presentation, instruction bias, and target presence were manipulated. Administrator knowledge had the greatest effect on identifications of the suspect for simultaneous photospreads paired with biased instructions, with single-blind administrations increasing identifications of the suspect. When biased instructions were given, single-blind administrations produced fewer foil identifications than double-blind administrations. Administrators exhibited a greater proportion of biasing behaviors during single-blind administrations than during double-blind administrations. The diagnosticity of identifications of the suspect in double-blind administrations was double their diagnosticity in single-blind administrations. These results suggest that when biasing factors are present to increase a witness’s propensity to guess, single-blind administrator behavior influences witnesses to identify the suspect.