<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

Managing incidental findings in human subjects research: analysis and recommendations.

No consensus yet exists on how to handle incidental findings (IFs) in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are findings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed.     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

Survival analysis: A survey

This paper is a survey of statistical methods used to analyze the length of time until a specified event occurs. These models have often been used to analyze the survival times (i.e., time until death) of medical patients, and so the term survival analysis is natural. In criminology, the main application of these models has been to analyze the time until recidivism, but many other applications are possible. The paper summarizes the statistical literature on survival analysis, and describes its applications in criminology. The methods are illustrated by an application to the prediction of time until recidivism for a sample of North Carolina prison releasees.     

Human cannibalism: a case report

Human cannibal cases are relatively rare in modern civilized societies. We report a single case of familial cannibalism that occurred in Oklahoma in 1977. The investigation posed unique problems in pathology, psychiatry, criminalistics, and serology.     

US Appeals Court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for declaratory judgment

The Court of Appeals for the Ninth Circuit held that jurisdictionwas proper in a declaratory judgment action brought to establishtrade mark non-infringement, when the plaintiff had a reasonableapprehension of litigation based on threatening statements madeduring the course of discussions to settle disputes pendingbefore the Trademark Trial and Appeal Board (TTAB) that wereotherwise subject to Federal Rule of Evidence 408, which typicallymakes statements made during settlement inadmissible for establishingliability but not for other purposes.     

Jail suicides by hanging. An epidemiological review and recommendations for prevention

This article reviews 17 cases of jail suicide occurring in Oklahoma in calendar years 1981 through 1983. Significant variables are reviewed, and recommendations for prevention are presented.     

Regulating Autonomy: An Assessment of Policy Language for Highly Automated Vehicles

Self‐driving cars (also known as driverless cars, autonomous vehicles, and highly automated vehicles [HAVs]) will change the regulatory, political, and ethical frameworks surrounding motor vehicles. At the highest levels of automation, HAVs are operated by independent machine agents, making decisions without the direct intervention of humans. The current transportation system assumes human intervention though, including legal and moral responsibilities of human operators. Has the development of these artificial intelligence (AI) and autonomous system (AS) technologies outpaced the ethical and political conversations? This paper examines discussions of HAVs, driver responsibility, and technology failure to highlight the differences between how the policy‐making institutions in the United States (Congress and the Public Administration) and technology and transportation experts are or are not speaking about responsibility in the context of autonomous systems technologies. We report findings from a big data analysis of corpus‐level documents to find that enthusiasm for HAVs has outpaced other discussions of the technology.