The Ongoing Debate Regarding the Duty to Defend and the Use of Extrinsic Evidence

Most courts agree that the duty to defend is broader than the duty to indemnify. Many courts also agree that the duty to defend should be determined by the four or eight corners rule. There is not agreement, however, whether extrinsic evidence may be used to expand, narrow, or eliminate the duty to defend. This article provides an overview of the issue and contends that extrinsic evidence is only appropriate in circumstances where a policyholder seeks to establish a defense obligation or where the insurer is aware of information independent of the complaint that confirms a defense obligation.     

Total Ion Spectra versus Segmented Total Ion Spectra as Preprocessing Tools for Gas Chromatography – Mass Spectrometry Data

Alignment of fire debris data from GC‐MS for chemometric analysis is challenged by highly variable, uncontrolled sample and matrix composition. The total ion spectrum (TIS) obviates the need for alignment but loses all separation information. We introduce the segmented total ion spectrum (STIS), which retains the advantages of TIS while retaining some retention information. We compare the performance of STIS with TIS for the classification of casework fire debris samples. TIS and STIS achieve good model prediction accuracies of 96% and 98%, respectively. Baseline removal improved model prediction accuracies for both TIS and STIS to 97% and 99%, respectively. The importance of maintaining some chromatographic information to aid in deciphering the underlying chemistry of the results and reasons for false positive/negative results was also examined.     

Geographical patterns of incendiary and accidental fires in Springfield,Massachusetts, 1980–1984

Arson is a serious crime occurring with increasing frequency in urban America today. To date, this crime remains poorly documented and seldom discussed in the literature, particularly from a geographical viewpoint. This study examined the spatial distribution and underlying factors associated with 440 arson and 732 accidental fires recorded in Springfield, Massachusetts, between 1980 and 1984. Based upon a series of dot and choropleth maps, there was evidence that both incendiary and accidental fires were clustered not only in specific Springfield neighborhoods but also along individual city streets. In an attempt to understand better the varying frequency of arson fires among the 36 census tracts in the Springfield study area, a multiple regression analysis was performed using census data reflecting a variety of social, economic, and housing characteristics. Two variables, representing housing vacancy and tenement-type housing, entered into the final regression equation. Together, these two variables accounted for 70.4% of the reported arson cases. A subsequent inspection of the regression residuals revealed a random geographical pattern, thereby precluding any simple explanation for the remaining unexplained arson. Other factors such as insurance, building ownership, and length of occupancy were thought to warrant examination in future research.     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.     

When politics becomes play

The ways in which political systems and their members respond to social strains are little understood. When citizens are confronted by unfathomable problems or intense pressures, they often seek to suspend serious activities or escape rigid and alienating roles in order to attain psychological release, mutual involvement, and insights about their lives. Release, involvement, and insight are consequences of a universal human activity called play. People play in order to make room for personal expression in rigid social structures. People play in order to create and maintain the bounds necessary for community. People play in order to generate the novelty, perspective, and invention necessary for social and political change.An earlier version of this paper was presented at the 1977 Annual Meeting of the American Political Science Association, Washington, D.C., September 1977.