The D. C. Juvenile Court: Social Agency Or A Court Of Law?

The D C Bar Journal sponsored a legal writing competition at Catholic University Law School. The following is an excerpt from the winning paper reprinted from the March-April 1968 issue of the D C Bar Journal of the Bar Association of the District of Columbia     

Conduct and its Consequences: Attempts at Debiasing Jury Judgments

Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating, and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence.     

The effect of the method of burial on adipocere formation

A controlled laboratory experiment was conducted in order to investigate the effect of the method of burial (i.e. the presence of coffin and clothing) on the formation of adipocere. This study follows previous studies by the authors who have investigated the effect of physical conditions on the formation of adipocere present in a controlled burial environment. The study utilises infrared spectroscopy to provide a preliminary lipid profile of the remains following a 12 month decomposition period. Inductively coupled plasma-mass spectrometry was employed as a technique for determining the salts of fatty acids present in adipocere. Gas chromatography-mass spectrometry (GC-MS) was used as the confirmatory test for the identification and determination of the chemical composition of adipocere which formed in the controlled burial environments. The results suggest that coffins will retard the rate at which adipocere forms but that clothing enhances its formation. The results concur with previous observations on adipocere formation in burial environments.     

Desperately seeking donors: the 'saviour sibling' decision in Quintavalle v Human Fertilisation and Embryology Authority (UK)

The recent House of Lords decision in Quintavalle v Human Fertilisation and Embryology Authority has raised difficult and complex issues regarding the extent to which embryo selection and reproductive technology can be used as a means of rectifying genetic disorders and treating critically ill children. This comment outlines the facts of Quintavalle and explores how the House of Lords approached the legal, ethical and policy issues that arose out of the Human Fertilisation and Embryology Authority's (UK) decision to allow reproductive and embryo technology to be used to produce a 'saviour sibling' whose tissue could be used to save the life of a critically ill child. Particular attention will be given to the implications of the decision in Quintavalle for Australian family and medical law and policy. As part of this focus, the comment explores the current Australian legislative and policy framework regarding the use of genetic and reproductive technology as a mechanism through which to assist critically ill siblings. It is argued that the present Australian framework would appear to impose significant limits on the medical uses of genetic technology and, in this context, would seem to reflect many of the principles that were articulated by the House of Lords in Quintavalle.     

Reporting recidivism rates: The criterion and follow-up issues

Although the topic of recidivism invariably elicits much interest, there appears to be considerable conflict and uncertainty as to even crude estimates of the recidivism rate for persons released from prison. The purpose of this research was to examine the extent to which this apparent confusion may be explained by different methodological choices of criterion measure or length of follow-up. Through the cooperation of the Federal Bureau of Investigation, rap sheet follow-up information for a six-year period was obtained for a relatively large random sample of federal prisoners released in 1970. This data enabled calculation of recidivism rates using various criterion measures and follow-up periods applied to the same sample. The effect of varying these definitions on the recidivism rate obtained can then be directly observed.     

Fear and criminal victimization among elderly public housing residents

The influence of crime among the elderly was investigated in this study. The study suggests that crime prevention programs among the elderly should be implemented with some reservations. Since the risks of criminal victimization are low among the elderly, it may not be possible to reduce those rates much further, even with elaborate security programs for the elderly. On the contrary, raising the salience of crime by placing great emphasis on preventive behavior may well foster social isolation among the elderly.