A note on burdens of proof in civil litigation

It has been widely believed that who bears the burden of proof significantly affects the incentives of the legal parties. In particular, Hay and Spier (J Legal Stud 26:413–431, 1997) argues that if legal parties have a commonly accessible body of evidence (perfectly correlated pieces of evidence), the party who bears the burden of proof will present the evidence if and only if the evidence supports his position, while the other party (without the burden) will refrain from presenting it regardless of whether the evidence supports his position. In this paper, I claim that the result will be dramatically changed if the pieces of evidence that each party possesses are not perfectly correlated. I show that each party will present the evidence that supports his position whenever available, regardless of the burden of proof assignment. This implies that allocating the burden of proof does not matter in terms of information elicitation.     

Linking technological and educational level diversities to innovation performance

In this study, we explore the extent to which diversity of educational levels among research scientists and engineers (RSEs) in the context of a firm’s level of technological diversity influences innovation performance. We used data from the 2004–2008 National R&D Survey in Singapore. The results from 366 firms across different industries indicate that when a firm’s technological domains are heterogeneous, those firms with an RSE workforce comprising similar educational levels have positive innovation performance, measured as the number of patent applications, while those comprising diverse educational levels have negative innovation performance. Our further exploration of the positive interaction between technological domain heterogeneity and similarity of educational levels suggests that firms that had a high ratio of RSEs with lower educational levels had more positive patent outcomes compared to those that had a high ratio of RSEs with higher educational levels. The results show that there are limits to the strength of technological diversity in a firm’s absorptive capacity as explained by organizational demography.     

Report: increases in police use of force in the presence of body-worn cameras are driven by officer discretion: a protocol-based subgroup analysis of ten randomized experiments

Objectives

Our multisite randomized controlled trial reported that police body-worn cameras (BWCs) had, on average, no effect on recorded incidents of police use of force. In some sites, rates of use of force decreased and in others increased. We wanted to understand these counter-intuitive findings and report pre-specified subgroup analyses related to officers’ discretion on activating the BWCs.

Methods

Using pre-established criteria for experimental protocol breakdown in terms of treatment integrity, ten experimental sites were subgrouped into “high-compliance” (no officer discretion applied to when and where BWCs should be used; n?=?3), “no-compliance” (treatment integrity failure in both treatment and control conditions; n?=?4), and tests where officers applied discretion during treatment group but followed protocol in control conditions only (n?=?4).

Results

When officers complied with the experimental protocol and did not use discretion, use of force rates were 37 % lower [SMD?=?(?.346); SE?= .137; 95?% CI (?.614) – (?.077)]; when officers did not comply with treatment protocol (i.e., officers chose when to turn cameras on/off), use of force rates were 71 % higher [SMD?= .392; SE?= .130; 95?% CI (.136) – (.647)], compared to control conditions. When full discretion (i.e., overall breakdown of protocol) was applied to both treatment and control conditions, null effects were registered [SMD?= .009; SE=.070; 95?% CI (?.127) – (.146)], compared to control conditions.

Conclusions

BWCs can reduce police use of force when then officers’ discretion to turn cameras on or off is minimized—in terms of both case types as well as individual incidents. BWCs ought to be switched on and the recording announced to suspects at early stages of police–public interactions. Future BWCs tests should pay close attention to adherence to experimental protocols.

     

Case rethinking: a protocol for reviewing criminal investigations

Mistakes in decision-making have been identified as the most common type of error in police investigations. Consequently, wrongful convictions and other types of criminal investigative failure may require a complete case ‘rethinking,’ particularly when new evidence disrupts the existing theory. A rush to judgment resulting in a premature shift from an evidence-based to a suspect-based investigation can produce a number of problematic thinking errors. Faulty assumptions, tunnel vision, groupthink, and other cognitive biases and organizational traps hinder evidentiary interpretation and evaluation. This article outlines a protocol for reviewing evidence and rethinking a wrongful conviction or unsolved crime when the existing investigative theory appears to be incorrect. The protocol involves four stages: (1) evidence; (2) interpretation; (3) patterns; and (4) analysis.     

Testing Reliability of the Computational Age‐At‐Death Estimation Methods between Five Observers Using Three‐Dimensional Image Data of the Pubic Symphysis,

In an effort to standardize data collection and analysis in age estimation, a series of computational methods utilizing high‐dimensional image data of the age indicator have recently been proposed as an alternative to subjective visual, trait‐to‐phase matching techniques. To systematically quantify the reproducibility of such methods, we investigate the intrascan variability and within‐ and between‐observer reliability in initial scan data capturing and editing using 3D laser scans of the Suchey–Brooks pubic symphysis casts and five shape‐based computational methods. Our results show that (i) five observers with various training background and experience levels edited the scans consistently for all three trials and the derived shape measures and age estimates were in excellent agreement among observers, and (ii) the computational methods are robust to a measured degree of scan trimming error. This study supports the application of computational methods to 3D laser scanned images for reliable age‐at‐death estimation, with reduced subjectivity.     

A Bayesian Approach to Age‐at‐Death Estimation from Osteoarthritis of the Shoulder in Modern North Americans

Osteoarthritis (OA) is a marker of degeneration within the skeleton, frequently associated with age. This study quantifies the correlation between OA and age‐at‐death and investigates the utility of shoulder OA as a forensic age indicator using a modern North American sample of 206 individuals. Lipping, surface porosity, osteophyte formation, eburnation, and percentage of joint surface affected were recorded on an ordinal scale and summed to create composite scores that were assigned a specific phase. Spearman's correlation indicated a positive relationship between each composite score and age (right shoulder = 0.752; left shoulder = 0.734). Transition analysis revealed a tendency toward earlier degeneration of the right shoulder. Bayesian statistics generated phase‐related age estimates based on highest posterior density regions. Best age estimates were into the seventh decade at the 90th and 50th percentile. The proposed method supplements traditional techniques by providing age estimates beyond a homogenous 50+ age cohort.     

Microbiota Composition and Pulmonary Surfactant Protein Expression as Markers of Death by Drowning

Pathological diagnosis of drowning remains a challenge for forensic science, because of a lack of pathognomonic findings. We analyzed microbiota and surfactant protein in the lungs for a novel diagnosis of drowning. All rats were divided into drowning, postmortem submersion, and control groups. The water, lungs, closed organs (kidney and liver), and cardiac blood in rats were assayed by targeting 16S ribosomal RNA of Miseq sequencing. Lung samples were analyzed by immunohistochemical staining for surfactant protein A. The closed organs and cardiac blood of drowned group have a lot of aquatic microbes, which have not been detected in postmortem submersion group. Furthermore, intra‐alveolar granular staining of surfactant protein A (SP‐A) was severely observed in the drowned group than the postmortem submersion and control groups. The findings suggested that the presence of aquatic microbiota in the closed organs and increased expression of SP‐A could be markers for a diagnosis of drowning.     

1H‐NMR with Multivariate Analysis for Automobile Lubricant Comparison

Identification of suspected automobile‐related lubricants could provide valuable information in forensic cases. We examined that automobile lubricants might exhibit the chemometric characteristics to their individual usages. To compare the degree of clustering in the plots, we co‐plotted general industrial oils that were highly dissimilar with automobile lubricants in additive compositions. ¹H‐NMR spectroscopy was used with multivariate statistics as a tool for grouping, clustering, and identification of automobile lubricants in laboratory conditions. We analyzed automobile lubricants including automobile engine oils, automobile transmission oils, automobile gear oils, and motorcycle oils. In contrast to the general industrial oils, automobile lubricants showed relatively high tendencies of clustering to their usages. Our pilot study demonstrated that the comparison of known and questioned samples to their usages might be possible in forensic fields.