Is the Expert Admissibility Game Fixed?: Judicial Gatekeeping of Fire and Arson Evidence

Anecdotal evidence claims that in criminal cases, trial judges admit the prosecution's expert witnesses more readily than the defendants', and in civil cases the reverse is true; judges exclude plaintiffs' experts more often than civil defendants' experts. This occurs despite the fact that, with few exceptions, the same rules of admissibility apply to all parties and, in most jurisdictions, across criminal and civil cases. This article empirically tests this differential by reviewing judicial decisions to admit or exclude evidence holding the type of expert testimony constant, fire and arson evidence, across criminal and civil cases in the United States. The study examines the admissibility of fire and arson investigation experts in criminal and civil cases across all legal parties in fifty‐seven federal and state opinions in the United States. The findings offer empirical support of a bias in criminal cases and in civil cases which present expert witnesses at trial, and is less pronounced, but still evident, on appeal. Specifically, the role of the party that offers the evidence has a profound effect on whether arson evidence is admitted, even when factors around the judge's political affiliation, attorney experience, expert qualifications, and rules of evidence are taken into account.     

Rethinking Law and State Building in Sub‐Saharan Africa

Massoud, Mark Fathi. 2013 . Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan . Cambridge/New York: Cambridge University Press. Pp. x–277. ISBN: 9781107440050. Paper $34.99 This essay is a response to Mark Massoud's Law's Fragile State, and through comparative inquiry argues that highly contextualized analysis of courts is critical to gaining an understanding of judicial decision making and judicial empowerment. As Massoud demonstrates, focusing on the legal complex is a particularly worthwhile endeavor in fragile states. Although we may understand the sociology of the legal profession, we do not fully understand how professional networks, career paths, and identities truly impact the institutional pathways of the courts and the legal system as a whole.     

Opiate treatment in the criminal justice system: a review of <Emphasis Type="Italic">crimesolutions.gov</Emphasis> evidence rated programs

As drug control policy reform trends toward marijuana decriminalization, focus will shift to opiate enforcement which, in turn, accentuates substance abuse treatment. While the national offender reentry movement has effected widespread implementation of programming for co-occurring substance abuse and mental health disorders, the practice of Medicated Assisted Treatment (MAT) is nonstandard throughout the criminal justice system despite its evidence based status. This paper observes MAT delivered within and by the criminal justice system as indicated by evidence rated programs and practices listed in the national criminal justice evidence based registry crimesolutions.gov. Observation of these programs’ treatment orientation, client populations, delivery settings, and operational status inform discussion for additional MAT implementation and program registry augmentation.     

A Nation of Immigrants or a Nation of Immigrant Cities? The Urban Context of Australian Multiculturalism, 1947–2011

The article documents the urban dimension of Australia's immigration experience that, since the 1940s, has seen the country become one of the world's most multicultural societies. The article argues that the greatest impact of immigration has been in the major cities, especially Sydney and Melbourne, which in recent decades have emerged as internationally‐significant immigrant hubs that, like similar immigrant‐receiving destinations across the globe, are increasingly demographically and culturally distinct from their host nation. Drawing on census materials, oral history interviews, local newspapers and other sources, we chart the demographic transformation of urban Australia from the 1940s to the present day and suggest that these changes have implications for how urban Australians — especially those resident in the two biggest cities — will understand and represent themselves and the nation into the future.     

What drives the diffusion of inclusionary zoning?

Social scientists offer competing theories on what explains the policymaking process. These typically include economic rationalism, political competition or power struggles, and policy imitation of the kind that diffuses across spatially proximate neighbors. In this paper, we examine the factors that have influenced a recent local policy trend in California: inclusionary zoning (IZ). IZ programs require developers to make a certain percentage of the units within their market‐rate residential developments affordable to low‐ or moderate‐income households. By 2007, 68 percent of jurisdictions in the San Francisco Bay Area had adopted some type of IZ policy. We test the relative importance of economic, political, and spatial factors in explaining the rapid diffusion of IZ, across 100 cities and towns in the Bay Area. Consistent with an economic efficiency argument, results of hazard models provide some evidence that IZ is adopted in places with less affordable housing. However, political factors, such as partisan affiliation and the strength of affordable housing nonprofits, are even more robust predictors of whether or not a local government adopts IZ. There is no evidence of spatial diffusion in the case of IZ adoption; jurisdictions are not, on average, responding to the behavior of their neighbors. © 2010 by the Association for Public Policy Analysis and Management.     

Near‐fatal Intoxication with the “New” Synthetic Opioid U‐47700: The First Reported Case in the Czech Republic

Recreational use of the potent synthetic opioid 3,4‐ dichloro‐N‐(2‐(dimethylamino)cyclohexyl)‐N‐methylbenzamide (U‐47700) is rising, accompanied by increasingly frequent cases of serious intoxication. This article reports a case of near‐fatal U‐47700 intoxication. A man was found unconscious (with drug powder residues). After 40 h in hospital (including 12 h of supported ventilation), he recovered and was discharged. Liquid chromatography/high‐resolution mass spectrometry (LC/HRMS) or gas chromatography/mass spectrometry (GC/MS) were used to detect and quantify substances in powders, serum and urine. Powders contained U‐47700 and two synthetic cannabinoids. Serum and urine were positive for U‐47700 (351.0 ng/mL), citalopram (<LOQ), tetrahydrocannabinol (THC: 3.3 ng/mL), midazolam (<LOQ) and a novel benzodiazepine, clonazolam (6.8 ng/mL) and their metabolites but negative for synthetic cannabinoids. If potent synthetic opioids become cheaper and more easily obtainable than their classical counterparts (e.g., heroin), they will inevitably replace them and users may be exposed to elevated risks of addiction and overdose.     

The Negligence Standard: Political Not Metaphysical

This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recently, several philosophers have attempted to find a role for the negligence standard in the metaphysics of basic responsibility. This contribution resists that development and stands up for the traditional lawyer's view that the negligence standard belongs to the pliable politics of assignable responsibility. Basic responsibility, it is argued, is fundamentally strict.