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.     

DON'T SHUT UP: AUSTRALIA'S FIRST PAID PARENTAL LEAVE SCHEME AND BEYOND

Through the perspective of women's conflicting roles, this paper examines the capacity of the Australian Paid Parental Leave scheme to assist Australian families negotiate paid work and parenthood. Drawing on comparisons with other nation-state policies and interview data with Western Australian women, this paper argues that women's choices remain limited despite the introduction of the Paid Parental Leave scheme. I suggest that while Paid Parental Leave is an important reform for gender equality and improving work/life balance for many Australian families, it is not sufficient. The policy and culture of Australian workplaces need improvement.     

Evaluation of the Differex™ System

Differential extraction is an efficient method to separate sperm cells from epithelial cells. A manual Chelex^®-100 based method is used at the Swedish National Laboratory of Forensic Science, SKL. The Differex™ System (Promega) uses a Proteinase K digestion of epithelial cells followed by centrifugation and phase separation. The sperm- and epithelial fractions are further purified with DNA IQ™ System (Promega) or with phenol/chloroform. The Differex™ System in combination with DNA IQ™ System were evaluated and compared to the Chelex^®-100 method used routinely. After modifications, the Differex™ System gave comparable results to the Chelex^®-100 method. The modifications included additional Proteinase K and DTT, longer incubation time and additional steps when removing the solid support from the Digestion Solution. In the Chelex^®-100 based method microscopic examination is done on the sperm pellet in a total volume of 50 μl. It was not possible to do a microscopic examination in less than 100 μl using the Differex™ System. Additionally the sperms were in clusters of epithelial cell debris. Microscopic examination is an important part of the differential extraction at SKL. Therefore, the Differex™ System will not be implemented at our laboratory.     

Analyzing the Dynamics and Morphology of Cast‐off Pattern at Different Speed Levels Using High‐speed Digital Video Imaging

During a bloodstain pattern analysis, one of the essential tasks is to distinguish between different kinds of applied forces as well as to estimate their level of intensity. In this study, high‐speed digital imaging has been used to analyze the formation of cast‐off patterns generated by a simulated backswing with a blood‐bearing object. For this purpose, 0.5 mL blood was applied evenly over the last 5 cm of a blade simulant. Bloodstains were created through the controlled acceleration of a backswing at different speed levels between 1.1 m/sec and 3.8 m/sec. The flight dynamics of blood droplets were captured with an Olympus^® i‐Speed 3 high‐speed digital camera with a Nikon^® AF Nikkor 50 mm f/1.8 D lens and analyzed using the Olympus i‐Speed 3 Viewer software. The video analysis showed that, during the backswing, blood droplets would move toward the lower end of the knifepoint and would be tangentially thrown off. These droplets impacted on the horizontal surface according to the arc of the swing. An increase in velocity led to longer cast‐off patterns with distinct morphological characteristics. Under laboratory conditions, bloodstain pattern analysis allows certain conclusions about the intensity of a backswing and provides instructions on the position of the offender. However, due to the number of unknown variables at a crime scene, such interpretation of cast‐off patterns is extremely limited and should be performed with extreme caution.     

When Both Sides are Mistaken: Layperson and Legal Professionals’ Misconceptions of Canadian Suspects’ Legal Rights Upon Arrest

Canadian criminal suspects have notably limited access to legal counsel upon arrest compared to suspects in the U.S. Additionally, prior research has shown significant misunderstanding of police warnings informing suspects of their rights upon arrest. This paper presents three studies on Canadians’ comprehension of criminal suspects’ rights upon arrest, with a focus on the right to counsel. Study 1 (N=80) and Study 2 (N=377) examined Canadian layperson’s comprehension, knowledge, and perceptions of legal rights upon arrest. In turn, Study 3 (N=78) investigated Canadian legal professionals’ perceptions of laypersons’ knowledge of those rights. Results from these three studies indicated there is substantial confusion about the right to counsel for Canadian criminal suspects. These results also support previous research demonstrating problems with comprehension of Canadian police cautions. Taken together, the findings of the present research pose significant concern for an increased risk of false confessions from Canadian suspects who enter an interrogation with limited knowledge and understanding of their legal right to counsel.     

Shulamit Almog,How Digital Technologies are Changing the Practice of Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -