Causal attribution and judicial discretion

An important need of the criminal justice system is to better understand and structure discretionary decisions, thereby minimizing their adverse effects. The present study explored the relevance of models of attribution processes to these goals by analysing judges' verbal statements in real courtroom settings. Results reveal that these models are useful in studying discretion and that the method is a fruitful component of a multimethodological approach to studying both attribution and discretion. The importance of both developing and testing models in real life contexts was stressed.The authors thank Janice Bryan and Patsi Roberts for their help in data collection.     

How mock jurors’ cognitive processing and defendants’ immigrant status and ethnicity relate to decisions in capital trials

Journal of Experimental Criminology - This study examined how defendants’ immigrant status and ethnicity interact with evidence strength and mock jurors’ cognitive processing traits to...     

A Puzzling Paradox: Advancements in Reproductive Technology and New York's Ban on Commercial Surrogacy Agreements

With infertility on the rise in the United States and the legalization of same sex marriage, it has become increasingly difficult for many Americans to start a family. Advancements in modern medicine have addressed this issue and now couples can create their family through surrogacy. However, New York's current laws have not caught up to the changing times and surrogacy agreements are still invalid and unenforceable. This Note proposes the repeal of New York's surrogacy ban and the adoption of legislation to recognize and enforce surrogacy agreements in order to bring New York's laws within the purview of modern medicine.     

If I recall correctly. An event history analysis of forgetting and recollecting past voting behavior

The mechanisms behind vote recall inaccuracy are not well understood. The literature has been unable to separate inaccuracy due to the nature of the voter (such as non-attitudes) from inaccuracy due to interfering events after casting the vote (such as a change in vote intention). This paper employs event history analysis to disentangle time-invariant and time-variant explanations of recall inaccuracy. Using Dutch panel data on 20,936 respondents in 42 waves between 2010 and 2012 (and additional data collected between 2006 and 2010), we explain the likelihood of misreporting the 2010 vote during the subsequent electoral cycle. The analyses show that although both explanations play a role, voters’ general level of volatility before casting the recalled vote matters less than changes in vote intention after the vote. We conclude that accurate recall is affected mainly by events rather than the nature of voters. Our findings imply that survey measures of voting behavior could be improved by offering cues on the elections of interest.     

The Role of Interface on the Impact Characteristics and Cranial Fracture Patterns Using the Immature Porcine Head Model

The role of impact interface characteristics on the biomechanics and patterns of cranial fracture has not been investigated in detail, and especially for the pediatric head. In this study, infant porcine skulls aged 2–19 days were dropped with an energy to cause fracturing onto four surfaces varying in stiffness from a rigid plate to one covered with plush carpeting. Results showed that heads dropped onto the rigid surface produced more extensive cranial fracturing than onto carpeted surfaces. Contact forces generated at fracture initiation and the overall maximum contact forces were generally lower for the rigid than carpeted impacts. While the degree of cranial fracturing from impacts onto the heavy carpeted surface was comparable to that of lower‐energy rigid surface impacts, there were fewer diastatic fractures. This suggests that characteristics of the cranial fracture patterns may be used to differentiate energy level from impact interface in pediatric forensic cases.     

Detained: A Study of Immigration Bond Hearings

Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long‐term immigrant detainees, I examine for the first time judicial decision making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond decisions? My analysis shows that the odds of being granted bond are more than 3.5 times higher for detainees represented by attorneys than those who appeared pro se, net of other relevant factors. My analysis also shows that the detainees' prior criminal history is the only significant legally relevant factor in both the grant/deny and bond amount decisions, net of other relevant factors. This finding points to the need for further research on whether and how immigration courts might be exercising crime control through administrative proceedings.     

Parental Depressive Symptoms and Youth Internalizing and Externalizing Problems: The Moderating Role of Interparental Conflict

The current investigation examined if interparental conflict (IPC), including psychological and physical violence, moderated the relationship between parental depressive symptoms and youth internalizing and externalizing problems, respectively, in a sample of youth with a parent with a history of Major Depressive Disorder (MDD). One hundred and eighty families with a parent with a history of MDD (M _age = 41.96; 88.9 % mothers) and a youth in the target age range of 9-to-15 years (49.4 % females; M _age = 11.46) participated. Findings indicated that IPC exacerbated the effect of parental depressive symptoms on internalizing, but not externalizing, problems for both males and females. Findings suggest that, in families with a parent who has a history of depression, parental depressive symptoms and IPC together have important implications for youth internalizing problems. Targeting improvement for both parent depressive symptoms and interparental conflict may directly lead to decreases in youth internalizing symptoms in the context of parental depression.