Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.     

Intolerance and Political Repression in the United States: A Half Century after McCarthyism

What consequences for political freedom arise from high levels of political intolerance among the American public? Comparing surveys from 1954 to 2005, I document the level of perceived freedom today and consider how it has changed since the McCarthy era. Levels of intolerance today and in 1954 are also compared. Next assessed is whether restrictions on freedom are uniformly perceived or whether some subsections of the population are more likely to feel repressed than others. I find that while intolerance may have declined somewhat since 1954, perceived constraints on individual freedom have actually increased. These findings produce telling consequences for the subtheory of pluralistic intolerance. During McCarthyism, intolerance focused on the Left; today, many groups are not tolerated, so the loss of freedom is more widespread. Heretofore, many thought that pluralistic intolerance tended to be benign. At least in the case of the contemporary United States, it seems not to be.     

Quantitative cross-national studies of economic development: A comparison of the economics and sociology literatures

For more than two decades, economists and sociologists have pursued parallel cross-national quantitative investigations of the determinants of economic development. These investigations have proceeded in mutual ignorance despite the often large overlap in statistical methods and data employed. Apparently contradictory findings have resulted, especially regarding the impacts of international trade and foreign direct investment. We find that there are two factors that account for these inconsistent results. One key factor is the use of different variables to measure international trade and investment, the choice of which is in turn driven by underlying differences in theoretical motivations. A second important difference involves sociologists’ greater preoccupation with more complex multivariate models versus economists’ greater willingness to focus on individual variables in multivariate regressions while viewing others as “controls.” A major finding of our survey is that when thesame variables are used, the results of economists and sociologists tend to be consistent, rather than contradictory (as might have occurred, for example, because of the use of different samples of countries or time periods, or the use of other variables included in the regression equations). We also consider some studies whose purviews go beyond economic growth to consider factors such as income inequality, physical quality of life, demographic change, and basic needs provisioning. Angela Martin Crowly is at the Department of Sociology, University of California, Irvine, Irvine, California 92717. James Rauch is at the department of Economics, University of California, San Diego, La Jolla, California 92093. Susanna Seagrave is at the U.S. General Accounting Office, Washington, D.C. 20548. David A. Smith is at the Department of Sociology, University of California, Irvine, Irvine, California 92717.     

Apprenticeship and the transfer of technical know-how

This paper is based on a study of apprenticeship, a long renowned institution for transferring technical know-how. Case studies of apprenticeship led us to define know-how as: a commercially viable integration of proficient technique gained by practicing the work process of an expert and contextual knowledge gained by observing and questioning other workers. One implication of this definition is its stress on know-how transfer teams that consist of work process designers, practice tutors, and transfer manager. A second implication calls for explicit planning of know-how adaptation when new technology makes work processes obsolete. A final implication for researchers in technology transfer stresses the integration of individual know-how into community systems that put technology to work.     

The Corporate Manslaughter and Corporate Homicide Act 2007 – Thirteen years in the making but was it worth the wait?

Despite a gestation period extending over thirteen years, the Corporate Manslaughter and Corporate Homicide Act 2007 is a disappointment. It is limited in its scope, restricted in its range of potential defendants and regressive to the extent that, like the discredited identification doctrine before it, it allows its focus to be deflected from systemic fault to individual fault. As a result the Act may not curb the type of short-sighted risk management decisions that can lead to the deaths of innocent workers, consumers and members of the public. Further, by requiring DPP consent to prosecute, the Act threatens to entangle corporate manslaughter prosecutions in the political process to an unacceptable degree. Despite these weaknesses, the symbolic significance of the Corporate Manslaughter and Corporate Homicide Act 2007 may ultimately transcend its methodological deficiencies.     

Is there a magical time boundary for diagnosing eyewitness identification accuracy in sequential line‐ups?

We examined whether eyewitness identification latencies for sequential line‐up decisions indicate an optimum time boundary that reliably discriminates accurate from inaccurate decisions. Participants (N = 381) observed a crime simulation and attempted two separate identifications from target‐present or target‐absent sequential line‐ups. As has previously been found with simultaneous line‐ups, the optimum time boundary identified did not reliably discriminate accurate from inaccurate identifications for both line‐up targets. Diagnosticity for choosers was, however, much higher at very high confidence levels than at lower levels. Possible reasons for why one index of signal strength (confidence), but not another (latency), might postdict accuracy within the sequential framework were presented.