The Process Is the Punishment: Thirty Years Later

This essay reviews the arguments and impacts of the classic work, The Process Is the Punishment by Malcolm Feeley, originally published in 1979 and republished with a new foreword and preface in 1992. This essay examines how the book has been used in sociolegal research since 1979 by empirically tracing its citation in published work. I also examine missed opportunities where The Process Is the Punishment could still expand its impact in the literature, as well as reviewing the major arguments and criticisms of the book.     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

Reactions to flag desecration in American society: Exploring the contours of formal and informal social control

Although flag burnings today rarely draw the amount of attention they received in the late 1980s, efforts to protect the flag have persisted for nearly a decade. Accordingly, the flag protection campaign has captured the interest of intellectuals from various academic backgrounds, including political scientists, egal scholars, and journalists. Conspicuously absent from the literature on flag desecration, however, are sociologists and criminologists. Combining historical evidence with recent cases, this article unveils key sociological aspects of social control, including formal and informal responses to flag desecration.     

Alcohol Consumption and Females’ Recognition in Response to Date Rape Risk: The Role of Sex-Related Alcohol Expectancies

This study examined the pharmacological and psychological effects of alcohol on women’s recognition of and response to dating sexual aggression. Female participants completed measures of prior sexual victimization experiences, sex related alcohol expectancies, general alcohol expectancies, and drinking habits. Using a 2 (alcohol) × 2 (expectancy) balanced placebo research design, women were exposed to an audiotape date rape vignette and asked to press a button when the man’s sexual advances had gone to far. Upon pressing the button, the tape was stopped and participants were instructed to imagine themselves in the same situation and generate a response describing what they would say and/or do at that point. Results indicated that although alcohol and expectancy were not related to risk perception, individuals who consumed alcohol displayed significantly less resistant role play refusals. A significant interaction between expectancy set and pre-existing sex-related alcohol expectancies was observed indicating participants believing alcohol affects sexual behavior generated less resistant refusal responses when they expected to receive alcohol. Moreover, for those who expected to receive alcohol, stronger pre-existing sex-related alcohol expectancies predicted less resistant refusal responses over above the effects of blood alcohol level and general alcohol expectancies. The implications of these findings are discussed.     

“There is no end to relationship among the indians”: Ojibwa Families and Kinship in Historical Perspective

This article presents an overview of the Ojibwa family over the past three centuries, from early European contacts to the present. It emphasizes the extent to which Ojibwa familial relations have long been embedded in extensive networks of kin that played major roles in the family lives of individuals of all ages. The article traces the effects of historical change on the Ojibwa family and examines continuity within Ojibwa kinship relations. The changes of the last century have taken a heavy toll on these relationships, yet, where they persist or are being revived, they are sources of strength and renewal.     

Developmental validation of a novel lateral flow strip test for rapid identification of human blood (Rapid Stain Identification™-Blood)

Human blood is the body fluid most commonly encountered at crime scenes, and blood detection may aid investigators in reconstructing what occurred during a crime. In addition, blood detection can help determine which items of evidence should be processed for DNA-STR testing. Unfortunately, many common substances can cause red-brown stains that resemble blood. Furthermore, many current human blood detection methods are presumptive and prone to false positive results. Here, the developmental validation of a new blood identification test, Rapid Stain Identification™-Blood (RSID™-Blood), is described. RSID™-Blood utilizes two anti-glycophorin A (red blood cell membrane specific protein) monoclonal antibodies in a lateral flow strip test format to detect human blood. We present evidence demonstrating that this test is accurate, reproducible, easy to use, and highly specific for human blood. Importantly, RSID™-Blood does not cross-react with ferret, skunk, or primate blood and exhibits no high-dose hook effect. Also, we describe studies on the sensitivity, body fluid specificity, and species specificity of RSID™-Blood. In addition, we show that the test can detect blood from a variety of forensic exhibits prior to processing for DNA-STR analysis. In conclusion, we suggest that RSID™-Blood is effective and useful for the detection of human blood on forensic exhibits, and offers improved blood detection when compared to other currently used methods.