Strength of Evidence,Extraevidentiary Influence,and the Liberation Hypothesis: Data from the Field

To examine relationships between strength of evidence (SOE) and extraevidentiary variables in the context of Kalven and Zeisel’s (The American Jury, 1966) liberation hypothesis, post-trial questionnaire data were collected from judges, attorneys, and jurors associated with 179 criminal jury trials. SOE ratings were strongly correlated with jury verdicts on the three most serious charges against the defendant, and several extraevidentiary variables (i.e., pretrial publicity, trial complexity, charge severity, and foreperson demographics) were moderately correlated with verdicts. Extraevidentiary-verdict relationships remained significant when SOE was controlled, although extraevidentiary variables yielded only modest improvement in classification accuracy beyond SOE. In partial support of the liberation hypothesis, several case-related extraevidentiary variables were significantly related to jury verdicts only when the prosecution’s evidence was rated as moderately strong.     

Police use of excessive force: Does the race of the suspect influence citizens' perceptions?

Instances of excessive force by police officers, most notably the Rodney King incident in Los Angeles and the Malice Green fatality in Detroit, suggest that the race of the suspect may influence the decision to use excessive force. If police practices are simply a reflection of the expectations of larger society, then it follows that citizens' evaluations of police brutality toward minorities might reflect this sentiment. As part of a larger study focusing on the exploration of police misconduct, a telephone survey containing 16 vignettes was developed, each vignette described a separate type of misconduct in which a hypothetical officer was involved. Of these 16 vignettes, 3 described the misconduct of excessive force and are analyzed for the present study. A random sample of 992 Ohio citizens were surveyed. The hypothesis that citizens in general assign significantly lower seriousness scores to excessive force on African Americans and Hispanics than on whites was tested. Our hypothesis was not supported. Instead, we found evidence to suggest that the behavior of the suspect during the arrest and the behavior of the police officer are much more significant correlates of citizens' perceptions of police use of excessive force than is the race of the suspect.     

Message effects on the perceptions of the fairness of gender-based affirmative action: A cognitive response theory-based analysis

The controversy surrounding the implementation of affirmative action interventions in organizations underscores the importance of understanding fairness perceptions of such policies. There is a need for research on the variables which influence evaluations of affirmative action policies and on whether the content of organizational communications can alter these evaluations. The present study was designed to investigate the effects of proaffirmative action and antiaffirmative action communications on fairness evaluations. Cognitive response theory was used as a framework for predicting reactions to pro- and antipreferential treatment messages and subsequent fairness perceptions. While the results indicated that cognitive responses added to the prediction of fairness judgments, initial attitude, and message content also had strong effects on the fairness judgments.     

Individualism,contractarianism, and morality

This study develops the ethical implications to ascribing to both individualism and contractarianism as ethical postulates. We define moral individualism as defining the morality of all normative judgments concerning human action in reference to the extent that these actions allow individuals to achieve their interests. Contractarianism defines right and wrong in terms of the conduct proscribed in voluntarily joined contracts. This individualistic-contractarian ethics is inherently relativistic. Right and wrong are defined only with respect to the actions of the set of individuals joined in contract. Yet, it is argued that the individualist-contractarian morality can be defended because it provides both clear definitions of right and wrong and provides individuals with arguments and incentives to do that which is right.     

Oral fluid collection: The neglected variable in oral fluid testing

The potential to use oral fluid as a drug-testing specimen has been the subject of considerable scientific interest. The ease with which specimens can be collected and the potential for oral fluid (OF) drug concentrations to reflect blood–drug concentrations make it a potentially valuable specimen in clinical as well as forensic settings. However, the possible effects of the OF collection process on drug detection and quantification has often been over looked. Several studies have documented that drug-contamination of the oral cavity may skew oral fluid/blood drug ratios and confound interpretation when drugs are smoked, insufflated or ingested orally. OF pH is predicted to have an effect on the concentration of drugs in OF. However, in a controlled clinical study, the effect of pH was less than that of collection technique. Mean codeine OF concentrations in specimens collected a non-stimulating control method were 3.6 times higher than those in OF collected after acidic stimulation. Mean codeine concentrations were 50% lower than control using mechanical stimulation and 77% of control using commercial collection devices.Several factors should be considered if a commercial OF collection device is used. In vitro collection experiments demonstrated that the mean collection volume varied between devices from 0.82 to 1.86 mL. The percentage of the collected volume that could be recovered from the device varied from 18% to 83%. In vitro experiments demonstrated considerable variation in the recovery of amphetamines (16–59%), opiates (33–50%), cocaine and benzoylecgonine (61–97%), carboxy-THC (0–53%) and PCP (9–56%). Less variation in collection volume, volume recovered and drug recovery was observed intra-device. The THC stability was evaluated in a common commercial collection protocol. Samples in the collection buffer were relatively stable for 6 weeks when stored frozen. However, stability was marginal under refrigerated conditions and poor at room temperature. Very little has been published on the efficacy of using IgG concentration, or any other endogenous marker, as a measure of OF specimen validity. Preliminary rinsing experiments with moderate (50 mL and 2 × 50 mL) volumes of water did not reduce the OF IgG concentration below proposed specimen validity criteria. In summary, obvious and more subtle variables in the OF collection may have pronounced effects on OF–drug concentrations. This has rarely been acknowledged in the literature, but should to be considered in OF drug testing, interpretation of OF–drug results and future research studies.