Judicial Practical Reason: Judges in Morally Imperfect Legal Orders

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications.     

The importance of scientific evaluation of biological evidence — Data from eight years of case review

In 2009, the National Research Council published a report stating that the addition of more science and technology into the field of forensic science in the United States would be of great benefit to the judicial system. As a starting point to address this NRC report, one needs to make an assessment of the system. One factor that is continuously requested is an estimate of an error rate. In any given scientific area of forensics that is difficult to quantitate except by external review and audits. After eight years of requested defense review of cases with biological and DNA evidence, most cases appear to be scientifically sound in test methods and procedures. However, there were some cases where errors in the forensic science process did occur. This article takes information compiled from those eight years of defense review and summarizes the cases where errors have been discovered and discusses the scientific implications of these errors. The scope of this article is limited to crime scene collection and forensic science laboratory testing of biological materials for body fluid identification and DNA individualization to a source. The greatest value of defense review comes from (a) providing effective balance and independent oversight to the judicial process and (b) collecting data into a format that can be useful as a guide in training programs.     

Translating police research into policy: some implications of the National Academies report on proactive policing for policymakers and researchers

ABSTRACT

In February 2018, the U.S. Committee on Proactive Policing published its report on the evidence regarding the effects of different forms of proactive policing, particularly on crime and disorder. In this essay, we explore three obstacles to evidence-based policymaking in policing, some of which were raised by the Committee, but we take occasion to develop here: (1) the mistrust of science; (2) the paucity of cost-efficiency analyses; and (3) the challenge of managing competing values. For each of these we describe the nature of the problem before identifying some possibilities for mitigating or overcoming it. Our goals are two-fold: (1) to provide some considerations that police leaders might take into account when making decisions about proactive policing; and (2) to illuminate avenues for future research.     

Involvement in extreme violence and violence‐related trauma: A review with relevance to young people in custody

Purpose. This review is concerned with the points of contact between two diverse literatures: first, the association between childhood abuse and the development of violent conduct; second, the effects of involvement in the perpetration of acts of violence. Method. The empirical literature in the two areas of concern is considered along with complementary explanations for the extant evidence. Results. There is a weight of evidence indicating that childhood abuse is associated with later violence alongside a literature that considers this association in terms of the traumatic effects of abuse. The perpetration of violent acts can have debilitating effects on the individual offender: these effects have also been considered in terms of trauma. Conclusion. It is suggested that there are potential advantages to adopting a trauma‐based framework to inform practice with violent young people. This suggestion raises several areas for research to inform the development of evidence‐based practice that are presented in outline form.     

Alcohol‐Induced Osteopenia Among In‐Custody and Homicide Deaths from the Harris County Institute of Forensic Sciences

Four cases of in‐custody or unlawful death are presented as examples of increased bone fragility with an associated increase in fracture rates due to ethanol‐induced osteopenia. In addition, one of the individuals suffered fractures several weeks premortem, allowing some healing to take place. Using radiographs and physical examination, the ribs from these individuals are compared with those retained from three individuals with no history of alcoholism to illustrate diagnostic characteristics that will be notable using standard autopsy and anthropological procedures. Trabecular bone mass is notably decreased in the alcoholic group leading to a greater chance of fracture occurring during conflict, including arrest and in‐custody situations. The average number of perimortem fractures among the alcoholic individuals is 15, while the control group is six. In the case of the individual with healing, the degree of bone repair on the ribs was less than is expected considering the interval between injury and death.     

Fighting Cosmic Warriors: Lessons from the First Seven Years of the Global War on Terror

This article argues that a successful strategy for fighting the Global War on Terror (GWOT) requires actions aimed not only at defeating the Al Qaeda network and denying its operatives sanctuary, but also efforts to delegitimize Al Qaeda's ideology; the United States has focused on the former at the expense of the latter. The GWOT requires a new strategy, one that continues to target Al Qaeda operatives and their assets, while undermining Al Qaeda's message. This requires a better understanding of Al Qaeda's ideology, how U.S. foreign policy may fuel that ideology, and a strategy for undermining militant Islam's worldview.     

Negative emotional states,life adversity,and interrogative suggestibility

Purpose. Interrogative suggestibility has been shown to vary according to cognitive and personality factors and if reliably measured may predict performance in real forensic interviews. It is therefore of both theoretical and practical interest to identify which psychological factors are most closely related to suggestible responding. This study examines the extent to which individual differences in negative emotional states predict performance on a measure of interrogative suggestibility and also tests the assumption that self‐reports of negative life events are associated with suggestibility. Method. A non‐clinical sample (N= 80) of participants was administered the brief form of the Depression Anxiety Stress Scales (DASS‐21), the Life Experiences Survey (LES), and the Gudjonsson Suggestibility Scale (GSS‐1). Results. Negative emotional states were found to correlate positively, although moderately, with all of the suggestibility measures. Multiple regression analyses found significant predictive models emerged for Yield 1, Yield 2, and Total Suggestibility. Each of these predicted a small proportion of the variance. Negative life event impact ratings were not associated with interrogative suggestibility. Conclusions. The findings suggest that brief self‐report measures of negative emotional states are limited as predictors of interrogative suggestibility. The results also call into question the predictive utility of traditional checklist measures of life adversity for forensic purposes.