Beyond Pretrial Publicity: Legal and Ethical Issues Associated with Change of Venue Surveys

To combat the effects of pretrial publicity, a court may consider a change of venue, moving the trial to a jurisdiction that has been exposed to little publicity about the case. Social scientists can be of valuable assistance in measuring community attitudes regarding defendant level of guilt and case familiarity. This paper discusses obstacles faced by the authors when conducting change of venue surveys and presenting their findings to the court, including challenges to their ability to act and be viewed as scientists, and pressures to do that which contradicts empirical research in order to please the court. Future research should examine factors predicting judges' decisions on change of venue motions and issues associated with small venues and civil cases.     

Assessing Pretrial Publicity Effects: Integrating Content Analytic Results

When a case has received pretrial publicity which has the capacity to bias potential jurors in the trial venue, a change of venue is one means of attempting to ensure that the defendant receives a fair trial. Content analysis of the pretrial publicity surrounding a case can provide the court with important information to consider when determining whether prejudice in the relevant community is too great for the defendant to receive a fair trial. This paper presents an approach to content analysis of pretrial publicity that draws upon both legal commentary and past empirical social science research. It is a systematic approach that could be employed by both the prosecution and defense when presenting arguments to the court about whether a change of venue should be granted. Information gleaned from content analysis of the publicity surrounding a specific case fills the gap between information provided by experimental research which has examined pretrial publicity effects and public opinion polls concerning the public's perception of the defendant in a particular case. Results from a content analysis can serve to validate public opinion survey data gathered from the same locales. To exemplify this content analytic approach, a content analysis conducted by the authors in preparation for the change of venue hearing in the case of Timothy McVeigh is presented.     

Bogus Publicity Items and the Contingency Between Awareness and Media-Induced Pretrial Prejudice

Venue surveys can be criticized because they do not attempt to control for response biases, such as the tendency to report having read about any story that seems plausible. Bogus items (fabricated publicity items) are a common way to control for this bias. In two studies we examined whether controlling for this bias changes the relation between exposure to media and prejudice. Based on two actual crimes with quite different media exposure rates, communities were surveyed about their exposure to media surrounding the case and their prejudice toward the defendants. A bogus item was included on each survey. In both studies the correlations between exposure to media and prejudice were significant and remained unchanged when data from respondents who indicated having read about the bogus item were excluded. These findings suggest that, in parallel to the social desirability literature, the response tendency to report awareness of media events does not threaten the validity of venue surveys.     

Justice by Other Means: Venue Sorting in Parole Revocation

We consider the factors that shape venue sorting, the process by which a legal case can be handled through different organizational arrangements with distinct procedures, institutional cultures, and sanctioning constraints. The empirical area for our investigation of venue sorting is California's parole revocation system, in which parolees accused of new crimes can be returned to prison by either criminal courts or the parole board. We find that seriousness of the alleged offense partially predicts the venue through which parolees are sanctioned. However, venue sorting is further explained by decision makers' perceptions of parolee threat, as well as concerns about organizational efficiency and legitimacy. We conclude by discussing how these findings may relate to the general phenomenon of venue sorting across a range of legal situations.     

Justifying Affirmative Action: Perception and Reality

This article surveys developments in United Kingdom law and policy which require, permit or are more accommodating towards, the use of affirmative action. It then considers the various justifications that can be used in support of affirmative action and their philosophical and political strengths and weaknesses. Finally, it advocates a strategic approach to the justification and use of affirmative action, taking account of relevant political, contextual, pragmatic, and practical considerations.     

From global problems to international norms: what does the social construction of a global corruption problem tell us about the emergence of an international anti-corruption norm

This article examines the ontological contestation that is inherent to the emergence of an international anti-corruption norm. First, the article briefly analyses the compatibility of an agenda on the social construction of problems from sociology and the well-established study of norms in constructivist IR. It argues that an analytical shift from the study of norms to the social construction of problems can shed light on the power relations that underlie international norms, and corruption in particular. The article traces the emergence of a global corruption problem up to the early 2000s when scholars have traditionally placed the establishment of an international anti-corruption norm. It first shows the contestation of corruption as a global issue on the level of problem definition, and then, it shows the role of venue shopping and venue shifting in the diffusion of anti-corruption talks and the norm cascade of the 1990s. The article concludes with an analysis of how the social construction of problems challenges the conventional approach of the emergence of an international anti-corruption norm.     

Lobbying Across Arenas: Interest Group Involvement in the Legislative Process in Denmark

Interest groups may approach political decision makers in two phases of the legislative process: the pre‐parliamentary, administrative phase, in which bills are prepared by bureaucrats; and the parliamentary phase, in which bills are discussed and possibly revised by parliamentary committees. The article investigates the factors that lead groups to engage in these phases based on group proceedings for 225 bills presented to the Danish parliament in the 2009/2010 session. We conclude that resourceful groups are clearly more active in both arenas, but the parliamentary arena is also a venue for voicing discontent and defending gains achieved in the administrative arena.     

More Than a Billion Women Face ‘Gender Based Violence’; Where Are Most Victims?

Gender-Based Violence (GBV) is a global problem. Many household surveys in the last few decades, by various agencies, have attempted to assess GBV prevalence. There are many problems in comparing data from different surveys, some of which are discussed in this paper. This paper takes the (controversial) approach of assuming findings from different surveys can be compared with each other, despite problems such as different question wording in different surveys. If this approach is accepted, it may help researchers identify which parts of the world have the worst problems of GBV. Evidence reported here can be used to test theories about causes of GBV, such as culture. It appears that GBV is more prevalent in some regions than others, but the cause of this geographical pattern is not clear.     

REDUCTION IN DRUNK DRIVING AS A RESPONSE TO INCREASED THREATS OF SHAME,EMBARRASSMENT, AND LEGAL SANCTIONS*

In a recent paper we proposed a strategy for incorporating threats of shame and embarrassment, along with the threat of legal sanctions, into a rational choice perspective on illegal behavior. In this paper we use that approach in an attempt to account for a reduction in self-reported drunk driving observed in a community between identical surveys conducted in 1982 and 1990. The interval between the two surveys was a period of intense legislative activity and moral crusading at the national and local levels. Our analysis indicates that the reduction in self-reported drunk driving in the community is primarily attributable to an increase in the threat of shame for this offense.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

In partial defense of socialist realism

While left realist discourse emerged out of the specific politics of policing in England and Wales, its relative importance for progressive criminology generally has been the subject of much debate. On the one hand, the advocates of left realism have consistently argued that the local crime survey provides an empirical basis for understanding crime patterns and for developing progressive crime control policy. Critics of left realism, on the other hand, have argued that for a variety of reasons, the progressive quality of realist criminology is dubious at best, and reactionary at worst. This paper explores both sides of this debate and argues that while left realism has the potential of making a considerable contribution to the struggle for social justice, that contribution must rest on empirical observation. The paper suggests that while much of the foundation work for left realist literature is grounded in local crime survey data, recent policy recommendations emerging in this literature are not. It is argued that while the local crime survey has potential, there are a number of theoretical and methodological concerns raised by this technology which appear to have remained unexplored within the current debates.The paper begins by challenging Young's conception of the aetiological crisis facing criminology, and argues that the crisis is a definitional one. Ian Taylor's critique of left realism generally, and the Islington Crime Survey (ICS) specifically, is then closely examined in order to assess its validity. It is argued that by imputing his own purposes to the ICS, Taylor's critique is misplaced while the progressive potential that local crime survey technology offers for criminology, both academically and practically, remains unnoticed by him. The section concludes by arguing that a more thoughtful consideration of this line of inquiry leads to the conclusion that while such a technology is of utility, in order for that potential to be realized there are a number of methodological considerations which must be examined.These methodological considerations are then explored. It is argued that if left realism is to distinguish itself from a more conventional approach, local crime surveys must consider the measurement of all moments within the process of crime construction, eliminating the conservative bias inherent in conventional surveys, eliminating the sexist bias inherent in conventional surveys, coping with the sampling error produced by cost effective sampling designs, local versus national surveys, the use of proxy interviews, and the use of in-person interviews as opposed to telephone interviews.The paper concludes by arguing that while modest, the contribution of left realist surveys to the development of progressive criminology and the struggle for social justice is an important one which, if nurtured in a thoughtful way, has the potential for contributing to the demise of the state's monopoly on crime and policing knowledge.     

Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

定量风险分析在恐怖袭击风险评估中的应用

本文回顾了定量风险分析的发展过程,提出了对恐怖主义风险进行评估、定量的方法。在定量过程中,根据已经获得的情报资料和以往类似事件的总结,结合专家意见,采用定量分析方法对数据进行处理,得出最可能的袭击目标,威胁的属性,确定出袭击的幕景。采用事故树分析其威胁模型,采用事件树分析系统脆弱性,得出袭击的后果及目标中存在的最大脆弱性。为在恐怖威胁下做出有效决策提供了理论依据。并以体育馆为例,用理论进行了实例分析。     

Perceptions of Neighbourhood Safety and Policy Response: A Qualitative Approach

Safety perceptions of residents are often analysed through surveys and compared with factual crime developments. Using the Dutch city of Rotterdam as an urban context of improved crime levels, this article provides a critique on standardised surveys in the research of safety perceptions and its presupposed connection to factual crime. Contrasting survey results from the Rotterdam Safety Index with qualitative data from 64 in-depth interviews in four districts, the qualitative narrative contradicts findings from the survey and implies more nuanced and diversified policy responses to safety issues. Because of the tendency of surveys to connect safety perceptions to factual crime, their unsuitability to catch subtle perceptions and their inability to expose new viewpoints, we argue for de-quantification: a lesser dependency on—but not a repeal of—survey data in this area, supplemented by a periodic qualitative approach in the research of crime and safety information (qualitative monitoring).     

Penalization and multidimensional poverty: improving our understanding of poverty amongst offenders in Ciudad Juarez,Mexico

Using a multidimensional approach to poverty measurement, this article aims to contribute to an improved understanding on the main aspects of deprivation experienced by former participants of organized crime in Ciudad Juarez, Mexico, a city that became the epicenter of violence due to the ‘war on drugs’ declared in 2006. A sample of 180 surveys and 20 in-depth interviews were implemented to evaluate multidimensional poverty amongst young men serving a prison sentence for a series of crimes related to organized criminal activity (aged 12 to 29) in Ciudad Juarez, Chihuahua. An equal number of surveys were implemented to a group of non-offenders who had no criminal record and resided in a marginalized area of the same city. The research finds that while offenders fared worse in several non-income dimensions of poverty compared to non-offenders, qualitative evidence revealed that experiences of poverty of offenders were not homogenous, as suggested by existing studies. One of the key findings to emerge from the research is that participation in organized crime decreases income poverty; however, participation did not constitute an effective nor sustained pathway out of poverty nor did it decrease deprivation in other dimensions due to a highly skewed distribution of income in the illegal economy and the use of gains from illegal activity to fuel conspicuous consumption, findings that are similar in the established Western literature on youth gangs.     

The modern trends in alcohol, drugs and driving research

Research on alcohol, drugs and driving can be broadly separated into experimental and epidemiological studies. Every approach has its inherent advantages and disadvantages. Experimental studies can result in an interpretation by single cause, but can only identify potential risks, and the results can sometimes be of limited value because of the use of non-realistic doses or because of the drug use history or inter-individual differences of the volunteers. Recent studies have used higher, more realistic doses and paid more attention to the combination of alcohol and drugs and have shown that the chronic use of illicit drugs can be associated with some cognitive and/or psychomotor impairment, and can lead to a decrease in driving performance even when the subject is no longer intoxicated.Epidemiological studies include roadside surveys, studies in a subset of drivers, accident risk studies, responsibility analyses, surveys and pharmaco-epidemiological studies. Between studies, results may be incomparable due to testing different populations, different kinds of samples, etc. More large-scale roadside studies are conducted now.Advances in analytical toxicology have also contributed to a better understanding of the risks associated with driving under the influence. While older studies measured the inactive metabolite THC-COOH and did not show an increased risk in cannabis-positive drivers, more recent studies measured the active THC in blood and did show a concentration dependent increase in crash risk. The use of LC–MS/MS has allowed more broad-range screening as this technique can measure many different drugs in a small sample volume. While some older studies used saliva but had many analytical problems (including an insufficient sample volume in up to a third of the cases), newer methods of saliva sampling and analysis give better results. The use of saliva for roadside surveys allows non-invasive sampling, but the lack of correlation with the concentrations in blood makes interpretation of results difficult.The results of both epidemiological and experimental studies should be combined to obtain a good estimate of the impact of certain drugs on driving performance and accident risk. In 2006–07 a committee of international experts drafted guidelines for future research into drugs and driving. These have been taken on board by the DRUID project, a large-scale EU funded project on driving under the influence of drugs, alcohol and medicines.     

Work-related stress in Australia: The effects of legislative interventions and the cost of treatment

The Australian Institute of Health and Welfare data published in 2002 shows a continued rise in health care costs to the Australian community due to the growing number of people diagnosed with mental health disorders. Those mental health disorders may originate from a number of sources, including work and non-work-related factors. The so called work-related stress claims in all Australian jurisdictions are the most expensive form of workers compensation claim. In the most part this is due to the lengthy period of absence (duration) and complicated medical care which are characteristic of these claims. In Australia, in the last decade, attempts have been made to reduce the costs of compensable stress-related claims by imposing special legislative thresholds on such claims. This ‘back end’ approach to cost reduction has resulted in an array of legislative formula designed to exclude work-related stress claims. This article surveys the various legislative provisions dealing with work-related stress claims in Australia and provides an analysis of their effectiveness. A range of options are presented as alternatives to the exclusion of particular forms of work-related stress claims. The use of a corporate citizenship approach to the prevention and management of stress claims is also discussed as a proactive alternative to occupational safety and health legislative provisions and the workers compensation legislative exclusions.     

DNA Databases as Alternative Data Sources for Criminological Research

DNA traces found at crime scenes and DNA records held in databases have already helped the police to solve numerous investigations into specific crimes. The police clearly benefit from the use of forensic science at an operational (i.e. case) level. This paper focuses on the use of forensic DNA at a strategic level: its use in the study of patterns of criminal behaviour. The usual sources of information for this type of research are recorded crime data, self-report studies and victimization surveys. However, as our review will show, these data sources cannot provide a complete picture of crime. We therefore propose an alternative approach to criminological research that takes into account DNA databases and has the potential to augment current methods and extend the existing knowledge beyond known offenders. The use of DNA databases has an important advantage for criminological research: it is possible to link offences committed by the same individual, whether the offender’s identity is known or not. By making a one-on-one comparison of police data with the corresponding DNA data, not only can co-offenders be studied, but a larger network of offenders connected to each other can also be analysed, even if their identity is unknown to the police.     

LGBTQ-Affirming Policing: Tactics Generated by Law Enforcement Personnel

Law enforcement personnel (LEP) use a variety of tactics to perform their job duties. Although LEP often receive specialized training to work with ethnocultural minorities and are sometimes trained to work with lesbian, gay, bisexual, transgender, and queer (LGBTQ) citizens, a clear articulation of LGBTQ-affirming police tactics has not yet been established. Using qualitative content analysis and a multiple case study approach, this project identified a variety of tactics generated by LEP in written surveys and group discussion of scenarios involving LGBTQ citizens. Results showed that across all scenarios, LEP were able to generate LGBTQ-affirming tactics, including both typical police procedures, as well as approaches specific to LGBTQ citizens. Non LGBTQ-affirming tactics typically reflected reluctance to adapt general procedures to meet the needs of LGBTQ citizens. The results of this study support the use of group-based scenario training to help LEP identify and adopt LGBTQ-affirming approaches. This study is significant because it represents a first step toward identifying best practices for LGBTQ-affirming police tactics.