Twenty-Five Years of <Emphasis Type="Italic">Social Science in Law</Emphasis>

In this essay, we take the publication of the seventh edition of the casebook Social Science in Law (2010) as an opportunity to reflect on continuities and changes that have occurred in the application of social science research to American law over the past quarter-century. We structure these reflections by comparing and contrasting the original edition of the book with the current one. When the first edition appeared, courts’ reliance on social science was often confused and always contested. Now, courts’ reliance on social science is so common as to be unremarkable. What has changed—sometimes radically—are the substantive legal questions on which social science has been brought to bear.     

The analysis of dyes in ball point pen inks on single paper fibres using laser desorption ionisation time of flight mass spectrometry (LDI-TOFMS)

A preliminary field study in the summer in a rural village in El-Qalyubiya Governorate (Egypt) compared the necrophagous insects colonizing the cadavers of two male rabbits (Oryctolagus cunicullus domesticus L.) killed by asphyxia (control), with two poisoned by the organophosphate (OP) pesticide pirimiphos-methyl (test). Decay of control carcasses was rapid since they reached the skeletal stage in only 19 days. Test carcasses did not decay completely, even 40 days post-killing. Insect species colonizing both carcasses types were not different, indicating that despite its odor, the OP were not masking the decomposition odors which were drawing the species to the bodies. The blowfly Chrysomya albiceps (Weidemann) constituted 76.6% of all samples collected. They were the first colonizers and played a major role in the decomposition process of control carcasses and in the partial decay of the test ones. They were significantly fewer numbers of immature stages developing on the test carcasses which probably contributed to their distinct lag and poor decomposition. Samples indicate that 17.3% of the insects were members of the Formicidae. This family was present in all carcasses, mostly in the early stages of decomposition. Formicidae may be considered omnivorous, and one of the fauna which use the cadaver as a refuge, to obtain humidity and food. This study provides additional knowledge in the context of Egyptian forensic entomology and the influence of OP which is of relevance to forensic science.     

Impact of identity theft on methods of identification

Responsibility for confirming a decedent's identity commonly falls on the shoulders of the coroner or medical examiner. Misidentification of bodies results in emotional turmoil for the next-of-kin and can negatively impact the coroner's or medical examiner's career. To avoid such mishaps, the use of scientific methods to establish a positive identification is advocated. The use of scientific methods of identification may not be reliable in cases where the decedent had assumed the identity of another person. Case studies of erroneously identified bodies due to identity theft from the state medical examiner offices in Iowa and New Mexico are presented. This article discusses the scope and major concepts of identity theft and how identity theft prevents the guarantee of a positive identification.     

The economic costs of partner violence and the cost-benefit of civil protective orders

Partner violence affects a significant number of women and their children each year. Estimates of the economic costs of partner violence are substantial. However, most estimates of the costs of partner violence are made at the aggregate level rather than the individual level. Estimating costs at the individual level allows for a wider range of costs of partner violence to be considered. This study is one of the first to examine a wide range of economic costs of partner violence and to examine the economic costs and cost-benefits of civil protective orders. Overall, including changes in quality of life, protective orders were estimated to have saved taxpayers in one small state US$85 million in a 1-year period. More generally, this study provides a framework to address more specific complexities associated with cost-benefit analyses of partner violence and the impact of justice system interventions.     

Sympathy for the Devil: An Exploration of Federal Judicial Discretion in the Processing of White-Collar Offenders

Since the late 1990s, the United States has experienced a series of major corporate malfeasance events leading to the collapse of corporations such as Worldcom and Enron, predatory lending practices which devastated the nation’s real estate market and the Bernie Madoff scandal serving as prime examples. While the leading culprits in such well-publicized cases have met stiff sanctions, the common notion is that white-collar offenders are treated more leniently than street offenders by the criminal justice system. Given the scope and severity of victimization attributable to the contemporary white collar crime epidemic, the matter of sanctioning fairness and severity is of timely importance. This paper examines judicial discretion in the form of the decision to incarcerate and the length of sentences imposed for federal white collar and street level offenders. Findings inform discussion oriented around the related issues of deterrence and public safety.     

Variation in the Measurement of Cranial Volume and Surface Area Using 3D Laser Scanning Technology

Abstract: Three‐dimensional (3D) laser scanner models of human crania can be used for forensic facial reconstruction, and for obtaining craniometric data useful for estimating age, sex, and population affinity of unidentified human remains. However, the use of computer‐generated measurements in a casework setting requires the measurement precision to be known. Here, we assess the repeatability and precision of cranial volume and surface area measurements using 3D laser scanner models created by different operators using different protocols for collecting and processing data. We report intraobserver measurement errors of 0.2% and interobserver errors of 2% of the total area and volume values, suggesting that observer‐related errors do not pose major obstacles for sharing, combining, or comparing such measurements. Nevertheless, as no standardized procedure exists for area or volume measurements from 3D models, it is imperative to report the scanning and postscanning protocols employed when such measurements are conducted in a forensic setting.     

The Jury as a Translation of Democratic Participation and Political Conflict

In this response to Valerie Hans's Presidential address, I use her “legal translating” term to argue that the implementation of liberal democratic structures in new democracies opens new opportunities to translate the jury system into and onto new democratic societies. While policy makers have concerns about the strength and vibrancy of lay participation in the legal system, policy makers' decisions to adopt trial by jury are not always democratic. Nonetheless, the consequence of the translation of trial by jury furthers democratic development. Using Nicaragua, Mexico, and Russia as case studies, I suggest that one goal of policy makers who attempt to adopt trial by jury is to reduce the discretionary power of judges who remain from the prior government. Comparative trial‐by‐jury research can contribute more to our understanding of democratic development than prior research has indicated.     

Habermas's European constitution: Catalyst,reconstruction, refounding

Jürgen Habermas has long been one of the EU's most prominent and influential critical friends, engaged as much at the level of legal and political praxis as social theory. In particular, he has a close and complex longstanding interest in the idea of an EU constitution. On the occasion of his 90th birthday, I want to discuss three treatments of the EU constitution located in Habermas's work: constitution as catalyst, as reconstruction, and as refounding. We find the different treatments, and the priorities that underscore them, emphasised at different times—partly reflecting changing political circumstances. We also observe some tension between the different approaches. Yet, as someone broadly sympathetic to his overall project, I argue that the best understanding of the Habermasian position, and certainly the most attractive version of that position in today's political climate, involves reconciling all three treatments within a single package.