Judicial Independence: Evidence from a Natural Experiment

In this article, we directly test the presence of judicial independence by examining judicial recess appointees who have later been confirmed by the Senate to full‐time Article III judicial positions. Specifically, we compare the votes of recess‐appointed courts of appeals judges during their temporary appointment tenure with a similar period following Senate confirmation. We find substantial differences in pre‐ and postconfirmation voting, suggesting that the structural protections of the Constitution provide judges a certain amount of independence.     

Amid Political Spin and Online Misinformation,Fact Checking Adapts

After more than a decade of rapid growth, the worldwide fact-checking movement has surged since 2016, fuelled by rising concern about the political and social influence of online misinformation. This movement is also changing in ways that deserve close attention, as understanding and mitigating the spread of false information across digital networks has become an urgent priority for governments, charitable foundations, academic researchers, and technology companies. This research brief presents a snapshot of the field based on a mid-2019 survey designed to reveal how fact-checking organisations understood their mission, where they were directing their resources, and how their focus had shifted in the last several years. We found evidence of diverging missions in the fact-checking world, as a focus on combatting online misinformation began to supersede one on checking rhetoric from public figures.     

Compstat in Australia: An analysis of the spatial and temporal impact

One of the major trends in policing sweeping across democratic societies since the mid-1990s is a management approach commonly known as COMPSTAT. Despite widespread global adoption, empirical evaluation of the impact of COMPSTAT lags behind popular accounts of its crime control benefits.

Purpose

This article evaluates the crime control impact of Queensland Police Service's version of COMPSTAT known as “Operational Performance Reviews” (OPRs).

Method

A mixed model analytic approach was used to assess the role of OPRs in explaining spatial and temporal variations in crime patterns across Queensland's 29 police districts.

Results

Analysis of the impact of OPRs on reported crime (specifically assaults, robberies and unlawful entries) suggests major differences between police districts, and that some districts are driving overall statewide crime reductions, whilst others confound positive effects of implementation of OPRs in Queensland.

Conclusions

The results demonstrate that the crime drop experienced throughout Queensland found in prior research (Mazerolle et al., 2007) is most likely attributable to a small number of police districts. The implication of these findings is that a number of districts could (and should) be called-upon during maturation of Queensland's OPRs to reduce specific crime problems in their districts and facilitate ongoing crime reductions across the state.     

From laboratory to the street: Capturing witness memory using the Self‐Administered Interview

The Self‐Administered Interview (SAI^©) is a tool designed to elicit a comprehensive initial account from witnesses at the scene of an incident or shortly thereafter to inoculate against the loss of information associated with delayed interview. Drawing on the principles of the Cognitive Interview (CI), the SAI^© provides witnesses with a series of instructions and retrieval cues to support recall. Requesting that witnesses complete an SAI^© not only serves to preserve and protect memory but also enables officers to prioritize the allocation of policing resources during the critical early stages of an investigation. The current review traces the development of the SAI^© from a series of laboratory studies through to field trials and integrates our findings with theoretical accounts of human memory. We present new data from trials of the tool in the field and consider future avenues for research and further development of the SAI^©.     

German and Swedish procedures as models for the empowerment of racial minority women in rape trials

Drawing on the concept of intersectionality developed by Crenshaw, this article analyses the erasure of racial minority women in rape cases, and assesses the ways in which English adversarialism compounds this erasure. It outlines the contours of a transformative procedure for rape trials that includes racial minority women's experiences of intersectional oppression. Based on a comparative analysis of German and Swedish law, it contends that the introduction of auxiliary prosecutors or victims' lawyers in the U.K. would contribute to the generation of a space for the inclusion of such experiences within adversarial trials. It invokes recent jurisprudence of the European Court of Human Rights, as well as Council of Europe provisions, to argue that auxiliary prosecutors or victims' lawyers would not infringe defendants' right to a fair trial, and concludes that objections to their introduction in the U.K. are not persuasive.     

Rooms for Improvement: A Qualitative Metasynthesis of the Housing Choice Voucher Program

This article synthesizes housing subsidy voucher research to explain why, when in theory vouchers enable users to move out of poor neighborhoods, in practice they often do not. This qualitative meta-analysis presents an examination of the assumptions of the program and their relationship to empirical findings.

Two themes emerged from this synthesis: market barriers and product problems. Data from a variety of studies and contexts portray recipients struggling to use vouchers in the private rental market due to market barriers, including lack of public transportation and the presence of discrimination. Product problems constrained freedom of choice about where to move and when to make a housing transition. These constraints manifest as compromised housing quality and low voucher utilization. This synthetic view cannot account for all outcomes or exceptional cases, but results suggest where participant experiences are generalizable and attributable to features of the housing market and structure of the program itself.     

A Third Verdict Option: Exploring the Impact of the Not Proven Verdict on Mock Juror Decision Making

In most adversarial systems, jurors in criminal cases consider the binary verdict alternatives of "Guilty" and "Not guilty." However, in some circumstances and jurisdictions, a third verdict option is available: Not Proven. The Not Proven verdict essentially reflects the view that the defendant is indeed culpable, but that the prosecution has not proven its case beyond a reasonable doubt. Like a Not Guilty verdict, the Not Proven verdict results in an acquittal. The main aim of the two studies reported here was to determine how, and under what circumstances, jurors opt to use the Not Proven verdict across different case types and when the strength of the evidence varies. In both studies, jurors were more likely to choose a Not Proven verdict over a Not Guilty verdict when the alternative was available. When evidence against the defendant was only moderately strong and a Not Proven verdict option was available (Study 2), there was also a significant reduction in the conviction rate. Results also showed that understanding of the Not Proven verdict was poor, highlighting inadequacies in the nature of judicial instructions relating to this verdict.