Revising the Factor Structure of the Juror Bias Scale: A Method for the Empirical Validation of Theoretical Constructs

The application of factor analytic techniques to explore the construct and predictive validity of a popular scale used for the identification of pretrial juror bias is herein reported. A confirmatory factor analysis (CFA) was employed on the Juror Bias Scale (JBS) scores of 301 participants, but empirical findings did not support the theoretically derived single-factor scales of Probability of Commission and Reasonable Doubt. Empirically driven alternative models were generated using exploratory factor analysis. The JBS scores of an additional 301 participants were then employed to cross-validate the initial findings using nested modeling CFA. The empirical model achieved a significantly improved fit over the theoretical model and resulted in the elimination of approximately 30% of the original items with no attenuation in the scale's ability to predict juror verdicts. Moreover, a theoretical reorganization of the items was consistent with the empirically derived model and provided a rationale for altering the scoring of the JBS which, in turn, maximized its predictive validity. The use of CFA techniques to aid in the development of scales assessing jury attitudes and biases is discussed.     

Elder abuse detection in nursing facilities: using paid clinical competence to address the nation's shame

Each year, five million senior citizens are the victims of abuse in our country-and that figure is a likely underestimate. In California alone, it is estimated that over 225,000 seniors are abused annually. Nursing home residents are particularly vulnerable to abuse, with one-fifth to one-third of these institutions cited for abusive activities that result in actual harm. Regular violations of minimum care regulations by nursing homes have been documented in every state. Despite legal protections, as a practical matter, the review, assessment, and investigation of nursing home care and potential senior abuse is the primary responsibility of voluntary ombudsmen. These volunteers are responsible for regular visits and determination of nursing home quality and resident treatment. This Article contends that, despite their commitment to the cause, voluntary ombudsmen are not a sufficient cure for the scourge of elder abuse. Rather, clinically-trained personnel with legal knowledge must assume the role that lay volunteer ombudsmen are inappropriately expected to play. Use of clinical case managers, who have expertise in assessing clinical factors and can be trained in legal matters, offers significant potential to assist in the detection, and, further, reporting and prosecution of elder abuse. The author concludes that only through use of those with appropriate training and knowledge can the epidemic of elder abuse be effectively addressed.     

The Court of Public Opinion: Lay Perceptions of Polygraph Testing

We sampled a total of 411 participants and randomly assigned them one of three brief trial vignettes that contained either no-polygraph evidence, evidence of a passed polygraph test, or evidence of a failed polygraph test. Participants rendered guilt judgments and answered a series of questions concerning the trial in particular, and polygraph tests in general. Similar to previous studies on the impact of polygraph evidence on jurors' guilt judgments, this sample of jury-eligible adults indicated that they did not find polygraph test evidence to be persuasive. Moreover, it mattered little to participants whether the results indicated the defendant passed a polygraph test, or that he failed a polygraph test. However, when our findings are compared to those of previous surveys involving experts in the field of psychophysiology, they differ in a number of important respects. The implications for decisions regarding admissibility (e.g., U.S. v. Alexander, 1975 and U.S. v. Scheffer, 1998) are discussed.     

MUDDLING THROUGH THE MURKY WATERS OF TROXEL

A critical case in the area of third-party visitation rights was decided by the U. S. Supreme Court in July 2000 ( Troxel v. Granville ). A plurality in this case held that a Washington grandparent visitation statute was not facially unconstitutional but was as applied to the facts of that case. The author discusses the varying opinions of the Supreme Court justices in the Troxel decision. Next, he analyzes the plurality opinion to determine the appropriate standard of review in grandparent visitation cases. Following is a consideration of how the decision will affect other state grandparent visitation legislation. Examining these issues, the author concludes that future third-party visitation cases will be decided on a fact-specific, case-by-case basis.     

Spillover Effects of Voluntary Environmental Programs on Greenhouse Gas Emissions: Lessons from Mexico

We compare the environmental performance of voluntary environmental programs (VEPs) with different attributes. Using club theory, we argue that the differential performance of VEPs is due in part to their specific design attributes that will either enhance or diminish their ability to improve both targeted and untargeted environmental impacts. We analyze two VEPs in Mexico, the global standard ISO 14001 and the local standard Clean Industry. These two VEPs differ in the stringency of the standards and in their ability to sanction noncompliant facilities. These differences ensure that firms adopting the local standard are less likely to shirk their responsibilities and enhance potential spillover effects on untargeted environmental emissions. Our empirical results support our hypotheses and show that the local Clean Industry program is more effective in improving both targeted (toxic emissions) and untargeted environmental impacts (greenhouse gas emissions).