Changing views of jury power

This article highlights the major events and empirical research in the continuing debate over the power and competence of the jury in civil and criminal trials. The concept ofjury nullification, the power of the jury to return a verdict based upon their moral conscience despite the evidence and the law, is used as a convenient filter to discuss the legal and behavioral assumptions about jury power and performance. The legal, historical, and even behavioral contexts reflect a bipolar theme in the level of trust Americans have exhibited towards the jury system. One pole reflects the notion that juries lack predictability and rationality in their verdicts and are moved by emotional concerns. Antipodally, juries have been thought to reflect an historical competence at applying common sense notions of equity and rationality to conflicted and ambiguous cases. This article traces the history of these two views of jury power and competence. A critical review of the empirical research that may inform the debate about the jury's competence in both criminal and civil arenas is provided.     

Democracy at Rest: Strategic Ratification of the Twenty-First Amendment

The Prohibition (Eighteenth, 1919) and repeal (Twenty-First,1933) amendments, which represent the only case of a later amendmentdirectly reversing an earlier one, were ratified by the twodifferent methods allowed by Article V of the United StatesConstitution: the former by state legislatures, the latter bystate conventions. This essay examines the legislatures-or-conventionsdichotomy as a microcosm of William Riker's treatment of liberalismand populism, with specific attention paid to the state conventionsthat ratified repeal. Using previously uncollected county datafrom the special elections to choose the 1933 convention delegates,this study demonstrates that invocation of the convention methodwas strategic, and intended not only to legitimate the Twenty-FirstAmendment but also to improve its chances of passage.     

Sudden death due to unsuspected coronary vasculitis.

Coronary artery vasculitis is a well-recognized complication of polyarteritis nodosa and is occasionally seen in other forms of systemic vasculitis. However, involvement of the major epicardial coronary arteries leading to myocardial infarction and death is uncommon. Isolated coronary arteritis is even more rare. We report three cases of sudden death due to myocardial ischemia associated with arteritis of the major coronary arteries. All three decedents were previously healthy young to middle-aged men who had died suddenly after complaints of chest pain and shortness of breath. The autopsy findings and differential diagnoses are presented. Such cases are of particular interest to the medical examiner because of the sudden, unexpected nature of the deaths. An approach to the correct diagnosis is discussed.     

Identifying Successor Corporations Liable under CERCLA and Pursuing Insurance Coverage for That Liability

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes liability well beyond general corporate successor rules. A company can allocate liability to other Potentially Responsible Parties as more culpable, taking advantage of CERCLA's joint and several liability. Often a source of recovery must be teased from a complex corporate history somehow connected to the site. This article examines the basis for attributing environmental liability to entities within a corporate history, before addressing how even a bankrupt or dissolved target may still have insurance that can be tapped. Similarly, CERCLA's strict liability enables recovery from insurance with some connection to either the target's or the company's corporate history, notwithstanding insurers' non-assignment arguments.     

The irony of broken windows policing: A micro-place study of the relationship between disorder, focused police crackdowns and fear of crime

In their seminal “Broken Windows” article in Atlantic Monthly, J. Q. Wilson and G. L. Kelling (1982) suggested that police could more effectively fight crime by targeting minor offenses. They hypothesized that untended disorder increases fear of crime in a community, starting a chain of events that eventually leads to heightened levels of crime. By targeting disorder, police can thus circumvent this cycle of neighborhood decline (Skogan, 1990). This study aimed to improve knowledge of the relationship between disorder and fear of crime in the context of the broken windows hypothesis by using a micro-place level research design involving a police crackdown on disorder and minor crime at hot spots. The results of the current study suggest that perceived social disorder and observed levels of physical disorder have a strong impact on fear of crime. This confirms the relationship between disorder and fear hypothesized by the broken windows literature, and implies that police may be able to reduce fear of crime by reducing disorder. It was also found, however, that the police intervention itself significantly increased the probability of feeling unsafe. Accordingly, any fear reduction benefits gained by reducing disorder may be offset by the fact that the policing strategies employed simultaneously increase fear of crime. These findings suggest the importance of a careful focus on “how” broken windows policing programs are implemented. Such programs must be geared not only to reduce disorder, but also to prevent increases in citizen fear that accompany crackdowns and other intensive enforcement efforts associated with broken windows policing.     

Examining Factors Co-Existing with Interpersonal Violence in Lesbian Relationships

Interpersonal violence within lesbian relationships is a significant yet understudied problem. Women attending a gay pride festival in Atlanta, GA, were asked to complete a survey concerning same-sex interpersonal violence. Women who reported being in a current or previous same-sex partner relationship were included in the analyses (N = 226). Factors that occurred in the context of interpersonal violence were investigated: substance use, HIV/STI risk behaviors, barriers to reporting abuse, and attitudes inhibiting seeking of social support. In addition, the survey assessed relationship-related power dynamics. Results of multivariate analyses support the hypotheses that power imbalance and inequality when making sex-related decisions within women’s same-sex relationships are associated with interpersonal violence. Further findings suggested that a combination of factors must be considered when dealing with and reducing the risk for violence in same-sex relationships.     

Development and usage of a NIST standard reference material for real time PCR quantitation of human DNA

National Institute of Standards and Technology SRM 2372 human DNA quantitation standard has been produced to support the need for a human-specific DNA quantitation standard in forensic casework and calibration of new quantitative polymerase chain reaction (qPCR) assays. The conventional DNA concentration has been assigned with one of the U.S. National Reference UV/Visible Spectrophotometers, assuming an absorbance of 1.0 at 260 nm equals 50 ng/μL of double stranded DNA. In addition, an interlaboratory study has been conducted, to verify that the SRM 2372 materials perform well in currently used DNA quantitation assays by the forensic DNA community. Each unit of SRM 2372 consists of three well-characterized DNA extracts. Component A is a single-source human male material derived from blood. Component B is a multiple-source human female material derived from blood. Component C was purchased as a purified unsheared genomic human DNA (Sigma-Aldrich Co., St. Louis, MO) obtained as a lyophilized human genomic extract and has both male and female donors. SRM 2372 is intended to enable the comparison of DNA concentration measurements across time and place. Manufacturers can use SRM 2372 to validate the values assigned to their own reference materials. Individual forensic laboratories can use SRM 2372 to validate DNA quantitation methods and to verify the assigned concentration of in-house or commercial DNA calibration standards.