Expert Testimony of the Battered Person Syndrome, Defendant Gender, and Sexual Orientation in a Case of Duress: Evaluating Legal Decisions

The current study examined the utility of expert testimony of the battered person syndrome (BPS) in a case of duress and the extent to which defendant gender, defendant sexual orientation, and participant gender influence mock jury decisions in a case of duress. Participants (N?=?413) read a scenario based on U.S. v. Dixon (2006) and answered questions assessing verdict, guilt, sentence length, duress legal elements, and attributes typically ascribed to victims of abuse. Results showed heterosexual female defendants were assigned the lowest sentences and met more of the legal elements of duress (i.e., were coerced, more likely to be believed, and purchased a gun to prevent harm) and attributes (i.e., experienced severe abuse, learned helplessness) compared to other defendants. When mock jurors received expert testimony, they provided lower rates of guilt and sentencing for defendants. Results also showed the inclusion of BPS expert testimony increased ratings for many of the legal elements of duress and attributes typically associated with intimate partner violence. In addition, results suggested that while heterosexual female defendants are more likely to be believed in a case of duress, expert testimony of BPS is helpful to all defendants. Limitations and future directions for research and practice are discussed.     

War/Truth: Foucault,Heraclitus and the hoplite Homer

This article extends and critiques Michel Foucault's political sociology of war by taking it beyond its modern subjects. Positioning his work alongside Homer, Heraclitus and Plato, it analyses relations between war, truth and race in the transition from Archaic to Classical Greece. In doing so, it approaches philosophical texts as direct reflections on specific historical experiences of war, making the case for a political theory of fighting as a necessary and under-developed aspect of critical war studies. Such an approach, the article concludes, opens up new scholarly possibilities for the political sociology of war and resources political intervention against war-waging powers whose authority—inside and outside the academy—derives from a supposedly authoritative relation to the history and conduct of fighting.     

Toxicology and Circumstances of Death of Homicide Victims in New South Wales, Australia 1996–2005

Abstract:  To determine the prevalence and circumstances of psychoactive substances amongst homicide victims, 485 consecutive cases autopsied at the NSW Department of Forensic Medicine (1/1/1996–12/31/2005) were analyzed. Substances were detected in 62.6% of cases, and illicit drugs in 32.8%. Alcohol, cannabis, opioids, and psychostimulants were most commonly detected. Alcohol and cannabis were both more prevalent amongst males. Mean ages were significantly younger for decedents who tested positive for a substance and for an illicit drug. Cases where death resulted from a physical altercation were more likely to have had alcohol and cannabis present. Illicit drugs were prominent amongst firearms deaths. The proportion of alcohol positive cases increased from 25.0% on Monday to 49.4% for Saturdays/Sundays. Alcohol was more common in incidents in the 0001–0600 h and 1800–2400 h periods. Psychoactive substances appear to substantially increase the risk of homicide, although there are important differences between drug classes in the circumstances of such incidents.     

Health care joint ventures between tax-exempt organizations and for-profit entities

Health care exempt organizations have many options regarding their structure and affiliations with for-profit entities. As long as any joint ventures are carefully structured and the nonprofit retains control over the exempt health care activities, the Internal Revenue Service should not question the structure. However, as outlined above, if the for-profit entity effectively gains control over the activities of the venture, the structure is not likely to be upheld by the IRS or the courts, and either the exempt status of the nonprofit will be denied or revoked, or health care income will be subject to the unrelated business income tax. In summary, the health care industry has been severely impacted by many economic forces, including uncertainty in the area of joint ventures between nonprofits and for-profit health care systems. The uncertainty as to whether the joint venture would negatively impact the nonprofit's tax-exempt status undoubtedly caused many nonprofits to form for-profit subsidiaries and otherwise expanded operations in a for-profit marketplace. Fortunately, with the guidance that is currently available in the form of Revenue Ruling 98-15, Redlands, St. David's, and now Revenue Ruling 2004-51, health care institutions can move forward with properly structured joint ventures with greater confidence that the joint venture will not endanger the tax-exempt status of the nonprofit.     

Much Ado About Very Little: Reply to Herron

Mitchell S. Sanders Department of Political Science, University of Notre Dame, Notre Dame, IN 46556 e-mail: msander1{at}nd.edu While Herron (2004, Political Analysis 12:182–190) iscorrect that sensitivity to changes in underlying scale andhow they affect estimates and inferences is generally important,our assumption in Rothenberg and Sanders (2000, American Journalof Political Science 44:310–319) that W-NOMINATE scalescan be directly compared from one Congress to another to studylegislative shirking is quite defensible because scale variabilityis not a substantial problem. Not only are the assumptions inour original analysis regarding variability very reasonable,because any variability is quite small, but effects on consistencyare marginal and, to the degree that they are relevant, indicatethat our test of the shirking hypothesis is conservative. Furthermore,even generous estimates of variability in W-NOMINATE betweenone immediate Congress and another have little impact on results.In addition, Herron's analysis includes an unaddressed censoringproblem that again, while unlikely to have much substantiverelevance, indicates that Rothenberg and Sanders have workedagainst themselves in trying to find shirking. In conclusion,the issues that Herron highlights are of marginal consequencefor the original analysis and, to the extent they matter, onlybuttress the findings generated and the inferences drawn.     

Popularity Function Forecasts for the 2005 UK General Election

The article provides a set of contingent forecasts for the forthcoming UK general election. The forecasts are based on popularity function derived from monthly time series data covering the period 1997–2004. On most likely assumptions, the forecasts produce a clear Labour victory in the early summer of 2005, with the Liberal Democrats increasing their vote share by roughly four percentage points.