Justices and Legal Clarity: Analyzing the Complexity of U.S. Supreme Court Opinions

Legal clarity is important to understand and measure because of its connection to the rule of law. We provide the first systematic examination of the clarity of Supreme Court opinions and discover five important results. First, certain justices systematically craft clearer opinions than others. Justices Scalia and Breyer write the clearest opinions, while Justice Ginsburg consistently writes the most complex opinions. Second, ideology does not predict clarity in majority or concurring opinions. Third, all justices write clearer dissents than majority opinions, while minimum winning coalitions produce the clearest majority opinions. Fourth, justices across the board write clearer opinions in criminal procedure cases than in any other issue area. Finally, opinions that formally alter Court precedent render less clear law, potentially leading to a cycle of legal ambiguity.     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Economic Conditions and Constituency Voting in Great Britain

The extent to which levels and trends in local unemployment and income influenced the Conservative vote in 633 separate British constituency elections in 1983 is estimated in several regression models. Long-term influences on voting are controlled by the endogenous variables of social class and territoriality. It is argued that this research design is superior to previous ones that have treated general elections as national elections in exploring the economic theory of voting. Sensitivity analysis (the use of several models to illuminate the research problem posed) suggests that, unlike America congressional elections, current rates and trends in local unemployment and income exerted a substantial and systematic influence on constituency voting.     

Application of plant DNA markers in forensic botany: genetic comparison of Quercus evidence leaves to crime scene trees using microsatellites

As highly polymorphic DNA markers become increasingly available for a wide range of plant and animal species, there will be increasing opportunities for applications to forensic investigations. To date, however, relatively few studies have reported using DNA profiles of non-human species to place suspects at or near crime scenes. Here we describe an investigation of a double homicide of a female and her near-term fetus. Leaf material taken from a suspect's vehicle was identified to be that of sand live oak, Quercus geminata, the same tree species that occurred near a shallow grave where the victims were found. Quercus-specific DNA microsatellites were used to genotype both dried and fresh material from trees located near the burial site and from the material taken from the suspect's car. Samples from the local population of Q. geminata were also collected and genotyped in order to demonstrate that genetic variation at four microsatellite loci was sufficient to assign leaves to an individual tree with high statistical certainty. The cumulative average probability of identity for these four loci was 2.06x10(-6). DNA was successfully obtained from the dried leaf material although PCR amplification was more difficult than amplification of DNA from fresh leaves. The DNA profiles of the dried leaves from the suspect's car did not match those of the trees near the crime scene. Although this investigation did not provide evidence that could be used against the suspect, it does demonstrate the potential for plant microsatellite markers providing physical evidence that links plant materials to live plants at or near crime scenes.     

Can You Build a Better Cop?

Research Summary

By drawing from psychology and economics, we present an experimental evaluation of a procedural justice training program designed to “slow down” police officers’ thought processes during citizen encounters. We find that officers who were randomly assigned to participate in training were as engaged in the community as similarly situated officers, but they were less likely to resolve incidents with an arrest or to be involved in incidents where force was used. These changes were most evident among officers who worked in areas with a modest level of risk.

Policy Implications

Police officers who are actively engaged with the public can reduce crime through general deterrence and by arresting criminals. Nevertheless, excessive discretionary arrests and the use of force by officers can reduce public trust in the police. To date, there is scant evidence as to how police departments can successfully train officers to balance enforcement and public trust in the field. Through our study, we demonstrate that a relatively minor supervisory intervention may cause substantive changes in how police and citizens interact with each other.