Mock Juror Gender Biases and Perceptions of Self-Defense Claims in Intimate Partner Homicide

Findings are reported from an experiment that examined mock jurors’ gender biases regarding intimate homicide case adjudications. Mock jurors were more likely to convict a man than a woman who had killed an abusive partner, which was partially mediated by sympathy toward both the victim and defendant. Analyses revealed an abuser height and abuser gender interaction such that conviction rates for women defendants were higher when her abuser was taller compared to when he was shorter than she; abuser height did not influence conviction rates for men. Findings also suggested that when given information about a child being present, mock jurors perceived the killing of the abusive partner as an act to protect that child. The results are discussed in relation to how extra-legal factors impact juror perceptions of domestic violence cases in the courtroom.     

Focally Concerned About Focal Concerns: A Conceptual and Methodological Critique of Sentencing Disparities Research

Abstract

“Focal concerns” is the predominant theoretical framework in criminology for explaining disparities in sentencing outcomes. While the framework has generated a large body of empirical scholarship, its postulates remain inadequately tested in the criminological literature. In this paper, I offer a conceptual and methodological critique of focal concerns as it is being deployed in a large body of sentencing research. I first trace the genealogy of the “focal concerns” concept and detail its current articulation. I then describe the body of work that has reduced “focal concerns” to a commonsense psychological construct, and illustrate the fallacies of logic and paucity of direct theory development and testing that weaken the explanatory value of the framework. I conclude by building on Ulmer’s recent call to treat criminal courts as “inhabited institutions” to assess approaches that are more social scientifically robust and empirically testable for understanding how sentencing disparity is produced.     

The role of the Yorta Yorta people in clarifying the common interest in sustainable management of the Murray–Darling Basin, Australia

The Murray–Darling Basin incorporates Australia’s three longest rivers and spans four states and one territory. It is important for an agricultural industry worth more than AUS$9 billion per year, but is also the life source and the spirit of the Indigenous Yorta Yorta people. Here, we address whether the interests of the Yorta Yorta people can encompass the common interest of the wider community in the Basin, and how the colonial legacy and climate change of the past century continue to influence the realization of the common interest moving forward. We find that shared regional governance with an agreed outcome supports the ongoing sustainability of the country and its people, but because of the legal history of Australia since colonization, recognition and mutual respect are no less important. Further, we note that the increasing climatic variability and changing climatic mechanisms that now exemplify the southeast of Australia corroborates the need for adaptive planning with longer time horizons. These lessons are supported by the customary law and practice of the Yorta Yorta people.     

“She's Nobody's Child/the Law Can't Touch Her at All”: Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

Inquiries into a range of issues involving juveniles in the psychiatric hospitalization and criminal trial process reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction, and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. We contextualize them into the juvenile justice system, and look specifically at how this is reflected in the case law. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, concluding that these approaches best remediate the current state of affairs and infuse this system with badly‐needed dignity.     

Analysis of Three Commonly Used Tibia Length Measurement Techniques

This study analyzes three tibia length measurement techniques on a sample of 107 tibiae. Two of the techniques meet published criteria by resting the tibia on its posterior surface with the longitudinal axis parallel to an osteometric board. The third technique does not adequately keep the longitudinal axis parallel to the board. Statistical analyses show low levels of interobserver error for all techniques and statistically significant differences between the third technique and the other two techniques. Results report a maximum difference of 6 mm between measurement techniques with the third technique having greater than 95% directional bias. A survey sent out to the American Academy of Forensic Sciences forensic anthropology community reported more than 50% of respondents having been taught the third technique when an osteometric board with a slot/hole is not available. The intermixing of the third technique with the other two has likely contributed to higher levels of interobserver error in tibia length measurements.     

Z‐Transform Method for Pairwise Osteometric Pair‐matching,

A new pairwise osteometric pair‐matching approach based on the Z‐transform method is presented. In contrast to previous methods that perform a global t‐test on the summed skeletal element pair measurement distances, this approach performs t‐tests on each individual distance, facilitating the capture of measurement‐specific variation. This new approach is compared to published pairwise sorting methods using a standard reference dataset of postcranial remains maintained by the Defense POW/MIA Accounting Agency. Receiver operating characteristic curve analysis indicates significantly improved performance for the clavicle and radius over all previous methods (p < 0.01). The z‐transform method weighted by the effect size outperformed the t‐test (Byrd and Adams) and the mean t‐test (Lynch) for all elements (p < 0.01). The method performed better than the absolute value t‐test (Lynch) for five elements (p < 0.01) and performed at least as well for the remainder. To facilitate usability all methods are available at: https://github.com/spawaskar-cora/z-transform-method .     

Why is the Victimization of Young Latino Adults Higher in New Areas of Settlement?

Objectives

We used multilevel data from the National Crime Victimization Survey (NCVS) to identify factors that account for differences in risk of violent victimization among young Latino adults in new and traditional settlement areas.

Methods

Area-identified NCVS data (2008–2012) were linked with census tract data from the decennial census and American Community Survey to study individual and community contributions to the risk of violent victimization. We analyzed total violence and violence specific to offense types and victim-offender relationship. The analyses were performed adjusting for the complex survey design.

Results

Young Latino adults in new settlement areas have higher victimization rates than their counterparts in traditional areas for total violence and for the majority of violence types studied. Holding constant individual and other contextual factors, Latino population density is a key neighborhood characteristic that explains the observed area differences in victimization, yielding evidence for the hypothesis that co-ethnic support in a community helps protect young Latino adults and contributes to differences in victimization across areas. Also there is evidence that the protective role of Latino population density is stronger for violence involving non-strangers than it is for violence involving strangers. Moreover, we find that the concentration of Latino immigrants, which indicates the neighborhood potential for immigrant revitalization, is another neighborhood factor that protects young Latino adults in both new and traditional settlement areas. However, there is some but limited evidence that the neighborhood-revitalizing role of immigration might be smaller in some contexts (such as some new areas outside central cities), possibly because those areas are heterogeneous in their ability to promote the integration of immigrants.

Conclusions

Our analysis of the NCVS shows the importance of neighborhood factors for the risk of violence among young Latino adults. It provides evidence consistent with co-ethnic support and immigrant revitalization theories. The findings also suggest that the effects of those neighborhood factors may be contingent upon violence type and the context in which they occur. These findings help us understand the difference in the safety of young Latino adults in new and traditional areas.