Getting Their Way: Bias and Deference to Trial Courts

How much do trial judges influence the law in the United States? I analyze a model of adjudication by a trial judge who engages in fact finding before deciding a case, but whose decision may be reversed. The model makes three broad points. First, it provides an informational rationale for ex post deference to biased trial judges that does not require an ex ante commitment by an appellate court to a standard of review. Second, it shows how procedural discretion can bring biased trial judges' rulings closer to appellate doctrine despite enabling trial judges to “get their way” more often. Third, de facto law as represented by trial judges' case‐by‐case adjudication will differ substantially from de jure law. As long as there are not too many extremist trial judges, de facto law will reflect the predispositions of trial judges, not legal doctrine.     

Using Bayesian Aldrich‐McKelvey Scaling to Study Citizens' Ideological Preferences and Perceptions

Aldrich‐McKelvey scaling is a powerful method that corrects for differential‐item functioning (DIF) in estimating the positions of political stimuli (e.g., parties and candidates) and survey respondents along a latent policy dimension from issue scale data. DIF arises when respondents interpret issue scales (e.g., the standard liberal‐conservative scale) differently and distort their placements of the stimuli and themselves. We develop a Bayesian implementation of the classical maximum likelihood Aldrich‐McKelvey scaling method that overcomes some important shortcomings in the classical procedure. We then apply this method to study citizens' ideological preferences and perceptions using data from the 2004–2012 American National Election Studies and the 2010 Cooperative Congressional Election Study. Our findings indicate that DIF biases self‐placements on the liberal‐conservative scale in a way that understates the extent of polarization in the contemporary American electorate and that citizens have remarkably accurate perceptions of the ideological positions of senators and Senate candidates.     

Examining Legislative Cue‐Taking in the US Senate

We examine congressional cue‐taking theory to determine its extent, conditionality, and various forms in the US Senate. Using a novel data‐collection technique (timed C‐SPAN footage), we focus on temporal dynamics via event history analysis. Examining the effects of senator characteristics across 16 votes from the 108th Congress, we find that committee leadership and seniority generally predict cue‐giving, while other types of characteristics predict cue‐giving on certain types of votes. Our results underscore the importance of considering the order and timing of voting when studying congressional behavior.     

Objective Analysis of Impressed Chisel Toolmarks

Historical and recent challenges to the practice of comparative forensic examination have created a driving force for the formation of objective methods for toolmark identification. In this study , fifty sequentially manufactured chisels were used to create impression toolmarks in lead (500 toolmarks total). An algorithm previously used to statistically separate known matching and nonmatching striated screwdriver marks and quasi-striated plier marks was used to evaluate the chisel marks. Impression toolmarks, a more complex form of toolmark, pose a more difficult test for the algorithm that was originally designed for striated toolmarks. Results show in this instance that the algorithm can separate matching and nonmatching impression marks, providing further validation of the assumption that toolmarks are identifiably unique.     

Does involuntary outpatient commitment lead to more intensive treatment?

Studies of involuntary outpatient commitment (OPC) among persons with severe mental illness have concluded that OPC is only effective in improving treatment outcomes when it is sustained for 6 months or longer and is combined with frequent outpatient services. This article explores factors that influence the delivery of outpatient services to subjects in a randomized trial of OPC and finds 2 general patterns. Outpatient visits were more frequent among all subjects with apparent clinical need, regardless of study assignment, and among subjects whose OPC was sustained beyond an initial court order. These results suggest that, in practice, sustained OPC represents a consensual agreement between clinicians and the court to more intensively address the complex needs of persons with severe and persistent mental illness.     

Preventing violence and trauma in the next generation

Research in recent times has clearly demonstrated that violence is predictable and preventable; however, the primary prevention of abusive and violent behavior will not occur without personal, interpersonal, and social change. This article reviews the empirical research supporting hypotheses for primary prevention of many risks associated with children becoming abusive.