<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

Characterization and haplotype analysis of 10 novel Y-STR loci in Chinese Han population

In this study, we analyzed allelic sequences of 10 novel Y-specific STR loci, DYS454, DYS510, DYS513, DYS520, DYS542, DYS544, DYS552, DYS561, DYS587 and DYS593, surveyed the distribution of haplotypes in a Chinese Han population. Extracted DNA was amplified with PCR, followed by a horizontal non-denaturing polyacrylamide gel electrophoresis with discontinuous buffer system. Purified alleles were sequenced on DNA sequencer (ABI Model 377) to verify the number of motif repeats. The number of alleles observed at each locus ranged from 3 to 8, yielding 102 haplotypes in 103 unrelated males samples. The allele diversity values for each locus ranged from 0.2099 (DYS544) to 0.7523 (DYS552). The haplotype diversity using all these loci was 0.9998. Our study revealed that they were valuable Y-specific markers for forensic applications.     

The identification of a dismembered human body: a multidisciplinary approach

A criminal case was directed to a multidisciplinary forensic team for identification, concerning a victim whose head, having two gunshot wounds, had been separated by a sharp instrument and was recovered 6 months later. The purpose of this research was to determine the sex and age of the victim for human identification. Primarily, macroscopic examination of the skull, tooth, and DNA analysis was conducted for sex determination. A rough assessment of age was made from the skull based on anthropological findings, however a more definitive result of age estimation was determined utilizing dental morphology. The dental data showed an age range of 32-37 from the mineral examination and the formulation of microscopic measurements. The results obtained from the skull and dental analysis matched with the physical characteristics of the victim's body, the known personal data of this person, and with the superposition of the photos gathered by a formal request. Besides, the result of DNA profiling of the victim showed male gender and direct relationship with the victim's presumed wife and daughter. Generally, research on human identification consists of sex and age determination. The sex characteristics can be precisely proved from DNA tests. However, age can be estimated by skeletal, and dental analysis. In this case the performed sex and age analysis lead the research to the selective matching of the missing person's identity.     

Precedent Externality, Network Effect, and the Possible Inefficiency of the Evolution of Laws

Using the traditional scenario of tort conflict as an example, I argue that the marginal precautionary costs of injurers and victims are not constant, as was assumed by most previous researchers. The precedent of a liability rule has some natural externality on the precaution technology, and hence marginal cost, faced by future agents involved in torts. The adoption of legal rules therefore has a network effect, meaning that the present prevalent adoption of one rule increases the probability of its future adoption. Treating the dynamic evolution of legal rules as a random process, we are able to apply an established result in the literature of network economies to conclude the path-dependence, non-predictability, and potential inefficiency concerning the final legal rule to which the dynamics converge.     

Salvation or damnation?: Religion and correctional ideology

Fundamentalist affiliation and religious beliefs are generally related to more punitive attitudes toward criminals. Fundamentalists also tend to attribute criminality to individual dispositional factors, and in turn, such factors are related to punitiveness. Recently, it has also been found that compassionate dimensions of religion are related to treatment-oriented policies. It is still not clear which dimensions of religion are related to punitive or treatment ideology and what effects religious variables may have when tested against secular concerns about crime and crime attributions. In the present research, we test three models of punitiveness and one model of rehabilitation with demographic, secular, religious, and attributional factors. We found that those for whom religion is salient in their daily lives tend to believe that the death penalty should be reserved for older offenders and that those who believe in a punitive God tend to support harsher punishments.     

Effects of defendant age and juror bias on judgment of culpability: What happens when a juvenile is tried as an adult?

The current study examined the possibility that trying juveniles as adults was prejudicial. One hundred and fifty three undergraduate mock jurors, classified as either prosecution-biased (PB) or defense-biased (DB), participated in the experiment. The jurors were randomly assigned to read a murder trial summary depicting a 19-year-old adult defendant (AD-19), a 16-year-old juvenile tried as an adult (JA-16), or a 13-year-old juvenile tried as an adult (JA-13). Defendant age interacted with juror bias. In the JA-16 condition, compared with defense-biased jurors, prosecution-biased jurors found the defendant guilty more often, had higher confidence in the defendant’s guilt, and set a lower standard of proof. By all appearances, some jurors might lose neutrality when judging juveniles tried as adults.