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Sample records for juris priekulis aivars

  1. Legal Reasoning and Jury Deliberations.

    ERIC Educational Resources Information Center

    Rotenberg, Ken J.; Hurlbert, Mike J.

    1992-01-01

    Presents results of a study examining the relationship of legal reasoning abilities and dominance in jury deliberations. Explains that the study considered both reasoning scores and verbal behavior during deliberations. Concludes that jury deliberations reflect the talking and opinions of members holding the most advanced legal reasoning possible.…

  2. Jury Selection as Political Action.

    ERIC Educational Resources Information Center

    Fowlkes, Diane L.; And Others

    Three political scientists diagnose the current state of political influence on jury selection in political trials, based upon personal experience, upon the literature of political theory, justice, and law, and upon recent action of lawyers, judges, defense committees, and some defendants. Political trials are interpreted as formal examinations of…

  3. JurisLIT Final Report.

    ERIC Educational Resources Information Center

    Sacramento County Probation Dept., Sacramento, CA.

    JurisLIT was a literacy training effort operated jointly by the Sacramento County Probation Department, the Sacramento County Office of Education, the Los Rios Community College District, and the Superior and Municipal Courts of Sacramento County from March 1990 to March 1994. The program required selected probationers aged 18-30 to participate in…

  4. 25 CFR 11.314 - Jury trials.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Jury trials. 11.314 Section 11.314 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Procedure § 11.314 Jury trials. (a) A defendant has a right, upon demand, to a jury trial in any criminal case: (1) That is punishable by...

  5. Method and ethics in advancing jury research.

    PubMed

    Robertshaw, P

    1998-10-01

    In this article the contemporary problems of the jury and jury research are considered. This is timely, in view of the current Home Office Consultation Paper on the future of, and alternatives to, the jury in serious fraud trials, to which the author has submitted representations on its jury aspects. The research position is dominated by the prohibitions in the Contempt of Court Act 1981. The types of indirect research on jury deliberation which have been achieved within this stricture are outlined. In the USA, direct research of the jury is possible but, for historical reasons, it has been in television documentaries that direct observation of the deliberation process has been achieved. The first issue is discussed and the problems of inauthenticity, 'the observer effect', and of existential invalidity in 'mock' or 'shadow' juries are noted. Finally, the kinds of issues that could be addressed if licensed jury deliberation research was legalized, are proposed. It is also suggested that there are methods available to transcend the problems associated with American direct research. PMID:9808945

  6. Debating the Jury System; A Resource Book.

    ERIC Educational Resources Information Center

    Sinzinger, Richard A., Comp.

    This handbook contains basic resource material for debating significant changes in the United States jury system. Chapter 1 outlines available sources of information for preliminary research. Chapters 2 and 3 present background information on the federal and state court systems and the jury system. Chapter 4 discusses an interpretation of the…

  7. The effects of juror anonymity on jury verdicts.

    PubMed

    Hazelwood, D L; Brigham, J C

    1998-12-01

    This study examined the effects of anonymity on jurors' verdicts and on jurors' feelings of accountability for their jury's verdicts. Twenty four-person anonymous juries and 20 four-person nonanonymous juries rendered individual and group verdicts for three student defendants charged with selling drugs on a school campus. When unanimous guilty verdicts were reached, juries imposed one of five punishments. Finally, jurors completed postdeliberation opinion and accountability questionnaires. As predicted, anonymous juries showed a higher rate of conviction (70%) than did nonanonymous juries (40%) when the evidence against the defendant was strong, supporting the hypothesis that anonymity would have a greater effect for situations in which there was relatively strong evidence of the defendant's guilt. Anonymous juries imposed the harshest punishment (expulsion) significantly more often than did nonanonymous juries. Contrary to predictions from differential self-awareness theory, anonymous juries did not report feeling less accountable than did nonanonymous juries. However, anonymous juries did see the process as significantly more fair than did identifiable juries.

  8. Teaching Students about Their Civic Obligation--Jury Duty.

    ERIC Educational Resources Information Center

    Engelhardt, Leah T.; Steinbrink, John E.

    2001-01-01

    Contends that early adolescents need to learn how the jury trial system works. Provides background information on the topic for teachers. Includes a two-day lesson plan on jury duty as a civic obligation, background information for students, and extension activities relating to jury trials in the appendix. (CMK)

  9. Citizen Participation in Politics: The Role of the Jury

    ERIC Educational Resources Information Center

    Jacobsohn, Gary J.

    1977-01-01

    Investigates the manner in which petit juries participate in the formulation of public policy. Of central concern is the nature of jury policy-making, involving analysis of ways in which such policy-making is manifested, and the description of a conceptual framework for political analysis of the jury. For journal availability, see SO 505 536.…

  10. Jury Selection in Child Sex Abuse Trials: A Case Analysis

    ERIC Educational Resources Information Center

    Cramer, Robert J.; Adams, Desiree D.; Brodsky, Stanley L.

    2009-01-01

    Child sex abuse cases have been the target of considerable psycho-legal research. The present paper offers an analysis of psychological constructs for jury selection in child sex abuse cases from the defense perspective. The authors specifically delineate general and case-specific jury selection variables. General variables include…

  11. How Juries Assess Universal Design in Norwegian Architectural School Competitions.

    PubMed

    Houck, Leif D

    2016-01-01

    This paper investigates how architectural school competition juries assess Universal Design. The method used is a case study of 18 recent architectural school competitions in Norway. The results show that most competition briefs ask for Universal Designed buildings. In 8 of the 18 cases, Universal Design is mentioned as an assessment criterion. In 11 of the 18 cases, Universal Design is commented on by the juries in the jury reports, but only in 3 of the cases, do the juries assess this aspect consistently on every competition project. The overall impression is that some amount of uncertainty looms concerning how Universal Design should be assessed in the competition stage. Based on the findings, future juries should concentrate on orientation and overview prior to technicalities and details. PMID:27534308

  12. How Juries Assess Universal Design in Norwegian Architectural School Competitions.

    PubMed

    Houck, Leif D

    2016-01-01

    This paper investigates how architectural school competition juries assess Universal Design. The method used is a case study of 18 recent architectural school competitions in Norway. The results show that most competition briefs ask for Universal Designed buildings. In 8 of the 18 cases, Universal Design is mentioned as an assessment criterion. In 11 of the 18 cases, Universal Design is commented on by the juries in the jury reports, but only in 3 of the cases, do the juries assess this aspect consistently on every competition project. The overall impression is that some amount of uncertainty looms concerning how Universal Design should be assessed in the competition stage. Based on the findings, future juries should concentrate on orientation and overview prior to technicalities and details.

  13. Juries and Medical Malpractice Claims: Empirical Facts versus Myths

    PubMed Central

    2008-01-01

    Juries in medical malpractice trials are viewed as incompetent, antidoctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled for much less than the verdicts. PMID:19002541

  14. PlanJury: probabilistic plan evaluation revisited

    NASA Astrophysics Data System (ADS)

    Witte, M.; Sonke, J.-J.; van Herk, M.

    2014-03-01

    Purpose: Over a decade ago, the 'Van Herk margin recipe paper' introduced plan evaluation through DVH statistics based on population distributions of systematic and random errors. We extended this work for structures with correlated uncertainties (e.g. lymph nodes or parotid glands), and considered treatment plans containing multiple (overlapping) dose distributions (e.g. conventional lymph node and hypo-fractionated tumor doses) for which different image guidance protocols may lead to correlated errors. Methods: A command-line software tool 'PlanJury' was developed which reads 3D dose and structure data exported from a treatment planning system. Uncertainties are specified by standard deviations and correlation coefficients. Parameters control the DVH statistics to be computed: e.g. the probability of reaching a DVH constraint, or the dose absorbed at given confidence in a (combined) volume. Code was written in C++ and parallelized using OpenMP. Testing geometries were constructed using idealized spherical volumes and dose distributions. Results: Negligible stochastic noise could be attained within two minutes computation time for a single target. The confidence to properly cover both of two targets was 90% for two synchronously moving targets, but decreased by 7% if the targets moved independently. For two partially covered organs at risk the confidence of at least one organ below the mean dose threshold was 40% for synchronous motion, 36% for uncorrelated motion, but only 20% for either of the organs separately. Two abutting dose distributions ensuring 91% confidence of proper target dose for correlated motions led to 28% lower confidence for uncorrelated motions as relative displacements between the doses resulted in cold spots near the target. Conclusions: Probabilistic plan evaluation can efficiently be performed for complicated treatment planning situations, thus providing important plan quality information unavailable in conventional PTV based evaluations.

  15. Capital jury deliberation: effects on death sentencing, comprehension, and discrimination.

    PubMed

    Lynch, Mona; Haney, Craig

    2009-12-01

    This study focused on whether and how deliberations affected the comprehension of capital penalty phase jury instructions and patterns of racially discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. The participants provided their initial "straw" sentencing verdicts individually and then deliberated in simulated 4-7 person "juries." Results indicated that deliberation created a punitive rather than lenient shift in the jurors' death sentencing behavior, failed to improve characteristically poor instructional comprehension, did not reduce the tendency for jurors to misuse penalty phase evidence (especially, mitigation), and exacerbated the tendency among White mock jurors to sentence Black defendants to death more often than White defendants.

  16. Order of Verdict Consideration and Decision Rule Effects on Mock Jury Decision Making.

    ERIC Educational Resources Information Center

    Olaye, Imafidon M.

    A study investigated the effects of order verdict consideration and decision rule on jury verdicts. After reading the summary of an actual trial, 240 mock jurors drawn from undergraduate communications classes were randomly assigned to six-member juries. Jury assignments were made under two verdict orders (ascending and descending order of…

  17. The Origin of a Jury in Ancient Greece and England

    ERIC Educational Resources Information Center

    Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.; Faizrahmanov, Damir I.; Safin, Robert R.

    2016-01-01

    The purpose of the study is to analyze the implementation of the democratic principles in the court and judicial process in the trial by jury by the example of the history and development of this institution in Russia. The authors used different methods and approaches, in particular, historical, systemic and Aristotelian method, concrete…

  18. Jury faults police for forcing defendant to undergo testing.

    PubMed

    1995-09-01

    A Federal jury in Philadelphia awarded five thousand dollars to a defendant whose constitutional rights were violated when police forced him to undergo an HIV-antibody test. During an arrest for car theft in Upper Merion Township, PA, the defendant bled on several officers. Police obtained a warrant to test the defendant, [name removed], for HIV. The jury was convinced that the policemen lacked probable cause to suspect that the defendant was HIV-positive. A consultant for the defense stated that in the fourteen years since the AIDS epidemic was detected, there has not been one reported case of a police officer becoming infected in the line of duty. The judge was asked to order HIV training for the town's police officers.

  19. The use of citizens' juries in health policy decision-making: a systematic review.

    PubMed

    Street, Jackie; Duszynski, Katherine; Krawczyk, Stephanie; Braunack-Mayer, Annette

    2014-05-01

    Deliberative inclusive approaches, such as citizen juries, have been used to engage citizens on a range of issues in health care and public health. Researchers engaging with the public to inform policy and practice have adapted the citizen jury method in a variety of ways. The nature and impact of these adaptations has not been evaluated. We systematically searched Medline (PubMED), CINAHL and Scopus databases to identify deliberative inclusive methods, particularly citizens' juries and their adaptations, deployed in health research. Identified studies were evaluated focussing on principles associated with deliberative democracy: inclusivity, deliberation and active citizenship. We examined overall process, recruitment, evidence presentation, documentation and outputs in empirical studies, and the relationship of these elements to theoretical explications of deliberative inclusive methods. The search yielded 37 papers describing 66 citizens' juries. The review demonstrated that the citizens' jury model has been extensively adapted. Inclusivity has been operationalised with sampling strategies that aim to recruit representative juries, although these efforts have produced mixed results. Deliberation has been supported through use of steering committees and facilitators to promote fair interaction between jurors. Many juries were shorter duration than originally recommended, limiting opportunity for constructive dialogue. With respect to citizenship, few juries' rulings were considered by decision-making bodies thereby limiting transfer into policy and practice. Constraints in public policy process may preclude use of the 'ideal' citizens' jury with potential loss of an effective method for informed community engagement. Adapted citizens' jury models provide an alternative: however, this review demonstrates that special attention should be paid to recruitment, independent oversight, jury duration and moderation.

  20. An Analysis of the Verdicts and Decision-Making Variables of Simulated Juries.

    ERIC Educational Resources Information Center

    Anapol, Malthon M.

    In order to examine jury deliberations, researchers simulated and videotaped court proceedings and jury deliberations based upon an actual civil court case. Special care was taken to make the simulated trial as authentic as the original trial. College students and the general public provided the jurors, which were then divided into twelve separate…

  1. Argumentation in Science Teacher Education: The Simulated Jury as a Resource for Teaching and Learning

    ERIC Educational Resources Information Center

    Vieira, Rodrigo Drumond; da Rocha Bernardo, José Roberto; Evagorou, Maria; de Melo, Viviane Florentino

    2015-01-01

    In this article, we focus on the contributions that a simulated jury-based activity might have for pre-service teachers, especially for their active participation and learning in teacher education. We observed a teacher educator using a series of simulated juries as teaching resources to help pre-service teachers develop their pedagogical…

  2. DNA evidence in jury trials: the "CSI effect".

    PubMed

    Scott, Russ; Skellern, Catherine

    2010-12-01

    In Murdoch v The Queen (2007) 167 A Crim R 329, Hillier v The Queen (2007) 228 CLR 618 and Forbes v The Queen (2009) 167ACTR 1, Australian appellate courts considered the interpretation of DNA evidence and the possibility of secondary transfer of DNA samples and questions about the statistical calculations used to produce probabilities of DNA matches. Following the 2010 Victorian case of Farrah Jama, whose conviction for rape was quashed 16 months into his prison sentence after it was discovered that the incriminating DNA sample was contaminated, Mr FRH Vincent QC, in his report to the Victorian Attorney-General, was scathing of the conduct of the case and made a number of recommendations, all of which were immediately adopted by the Victorian Government. Following the release of the Vincent Report, Australia's Attorneys-General have established a working party to examine national standards for the use and collection of DNA evidence. The use and interpretation of DNA evidence in jury trials is considered and factors that improve jury understanding of DNA evidence are discussed.

  3. Evaluating the use of citizens’ juries in food policy: a case study of food regulation

    PubMed Central

    2013-01-01

    Background Deliberative engagement techniques and citizens’ juries are touted as means of incorporating the public into policy decision-making, managing community expectations and increasing commitment to public health policy. This paper reports a study to examine the feasibility of citizens’ juries as a means of collecting data to inform public health policy related to food regulation through evaluation of the conduct of a citizens’ jury. Methods A citizens’ jury was conducted with a representative sample of 17 South Australians to explore their willingness to consider the proposition that food and drink advertising and/or sponsorship should be banned at children’s sporting events. Results The results showed that, in relation to the central proposition and evaluation data from the jury, opinion on the proposition remained comparatively stable. Most jurors indicated that they thought that food and drink sponsorship and/or advertising at children’s sporting events would have little or no effect on altering children’s diet and eating habits, with the proportion increasing during the jury process. Jurors were given evaluation sheets about the content of the jury and the process of the citizens’ jury to complete at the end of the session. The evaluation of the citizens’ jury process revealed positive perceptions. The majority of jurors agreed that their knowledge of the issues of food and drink sponsorship in children’s sport had increased as a result of participation in the citizens’ jury. The majority also viewed the decision-making process as fair and felt that their views were listened to. One important response in the evaluation was that all jurors indicated that, if given the opportunity, they would participate in another citizens’ jury. Conclusions The findings suggest that the citizens’ jury increased participant knowledge of the issue and facilitated reflective discussion of the proposition. Citizens’ juries are an effective means

  4. Engaging the public in healthcare decision-making: quantifying preferences for healthcare through citizens’ juries

    PubMed Central

    Scuffham, Paul A; Ratcliffe, Julie; Kendall, Elizabeth; Burton, Paul; Wilson, Andrew; Chalkidou, Kalipso; Littlejohns, Peter; Whitty, Jennifer A

    2014-01-01

    Introduction The optimal approach to engage the public in healthcare decision-making is unclear. Approaches range from deliberative citizens’ juries to large population surveys using discrete choice experiments. This study promotes public engagement and quantifies preferences in two key areas of relevance to the industry partners to identify which approach is most informative for informing healthcare policy. Methods and analysis The key areas identified are optimising appropriate use of emergency care and prioritising patients for bariatric surgery. Three citizens’ juries will be undertaken—two in Queensland to address each key issue and one in Adelaide to repeat the bariatric surgery deliberations with a different sample. Jurors will be given a choice experiment before the jury, immediately following the jury and at approximately 1 month following the jury. Control groups for each jury will be given the choice experiment at the same time points to test for convergence. Samples of healthcare decision-makers will be given the choice experiment as will two large samples of the population. Jury and control group participants will be recruited from the Queensland electoral roll and newspaper advertisements in Adelaide. Population samples will be recruited from a large research panel. Jury processes will be analysed qualitatively and choice experiments will be analysed using multinomial logit models and its more generalised forms. Comparisons between preferences across jurors predeliberation and postdeliberation, control participants, healthcare decision-makers and the general public will be undertaken for each key issue. Ethics and dissemination The study is approved by Griffith University Human Research Ethics Committee (MED/10/12/HREC). Findings of the juries and the choice experiments will be reported at a workshop of stakeholders to be held in 2015, in reports and in peer reviewed journals. PMID:24793259

  5. The CSI effect and the Canadian and the Australian Jury.

    PubMed

    Holmgren, Janne A; Fordham, Judith

    2011-01-01

    Television shows, such as CBS's CSI and its spin-offs CSI: Miami; CSI: Las Vegas; and CSI: New York, have sparked the imagination of thousands of viewers who want to become forensic scientists. The shows' fictional portrayals of crime scene investigations have prompted fears that jurors will demand DNA and other forensic evidence before they will convict, and have unrealistic expectations of that evidence. This has been dubbed the "CSI effect." This phenomenon was explored using results from a Canadian study based on 605 surveys of Canadian college students who would be considered jury-eligible and Australian quantitative and qualitative findings from a study that surveyed and interviewed real posttrial jurors. Information about the way jurors deal with forensic evidence in the context of other evidence and feedback about the way in which understanding such evidence could be increased were gained from both these studies. The comparison provides insights into the knowledge base of jurors, permitting adaptation of methods of presenting forensic information by lawyers and experts in court, based on evidence rather than folklore. While the Canadian juror data showed statistically significant findings that jurors are clearly influenced in their treatment of some forensic evidence by their television-viewing habits, reassuringly, no support was found in either study for the operation of a detrimental CSI effect as defined above. In the Australian study, in fact, support was found for the proposition that jurors assess forensic evidence in a balanced and thoughtful manner.

  6. Argumentation in Science Teacher Education: The simulated jury as a resource for teaching and learning

    NASA Astrophysics Data System (ADS)

    Drumond Vieira, Rodrigo; da Rocha Bernardo, José Roberto; Evagorou, Maria; Florentino de Melo, Viviane

    2015-05-01

    In this article, we focus on the contributions that a simulated jury-based activity might have for pre-service teachers, especially for their active participation and learning in teacher education. We observed a teacher educator using a series of simulated juries as teaching resources to help pre-service teachers develop their pedagogical knowledge and their argumentation abilities in a physics teacher methods course. For the purposes of this article, we have selected one simulated jury-based activity, comprising two opposed groups of pre-service teachers that presented aspects that hinder the teachers' development of professional knowledge (against group) and aspects that allow this development (favor group). After the groups' presentations, a group of judges was formed to evaluate the discussion. We applied a multi-level method for discourse analysis and the results showed that (1) the simulated jury afforded the pre-service teachers to position themselves as active knowledge producers; (2) the teacher acted as 'animator' of the pre-service teachers' actions, showing responsiveness to the emergence of circumstantial teaching and learning opportunities and (3) the simulated jury culminated in the judges' identification of the pattern 'concrete/obstacles-ideological/possibilities' in the groups' responses, which was elaborated by the teacher for the whole class. Implications from this study include using simulated juries for teaching and learning and for the development of the pre-service teachers' argumentative abilities. The potential of simulated juries to improve teaching and learning needs to be further explored in order to inform the uses and reflections of this resource in science education.

  7. Facial Comparison from CCTV footage: The competence and confidence of the jury.

    PubMed

    Walker, Heather; Tough, Ann

    2015-12-01

    CCTV footage is commonly used in the court room to help visualise the crime in question and to help identify the offender. Unfortunately the majority of surveillance cameras produce such poor quality images that the task of identifying individuals can be extremely difficult. This study aimed at determining whether the task of identifying the offender in CCTV footage was one which a jury should be competent to do, or whether expert evidence would be beneficial in such cases. The ability of potential jury members, the general public, was tested by asking participants to play the role of a jury member by means of an online survey. Potential jury members viewed CCTV in which a simulated offence took place, and were subsequently asked to compare still images of a defendant to the offender to try to determine if they were competent and confident about making a judgement as to whether the defendant committed the crime. Factors such as age, gender and profession of the potential jury members were considered, as well as the type of crime committed, in order to establish if these play any role in the decision made by potential jury members. These factors did not appear to play a significant role; however confidence was also investigated and it became very evident that this was a factor that must be taken into consideration when determining the requirement for expert contribution in facial comparisons. Jury members may well be willing and competent to a basic level in carrying out a facial comparison but if they lack a certain level of confidence in their ability and decision making then this task is more suitable for an expert with experience and skills in this field. PMID:26654085

  8. Facial Comparison from CCTV footage: The competence and confidence of the jury.

    PubMed

    Walker, Heather; Tough, Ann

    2015-12-01

    CCTV footage is commonly used in the court room to help visualise the crime in question and to help identify the offender. Unfortunately the majority of surveillance cameras produce such poor quality images that the task of identifying individuals can be extremely difficult. This study aimed at determining whether the task of identifying the offender in CCTV footage was one which a jury should be competent to do, or whether expert evidence would be beneficial in such cases. The ability of potential jury members, the general public, was tested by asking participants to play the role of a jury member by means of an online survey. Potential jury members viewed CCTV in which a simulated offence took place, and were subsequently asked to compare still images of a defendant to the offender to try to determine if they were competent and confident about making a judgement as to whether the defendant committed the crime. Factors such as age, gender and profession of the potential jury members were considered, as well as the type of crime committed, in order to establish if these play any role in the decision made by potential jury members. These factors did not appear to play a significant role; however confidence was also investigated and it became very evident that this was a factor that must be taken into consideration when determining the requirement for expert contribution in facial comparisons. Jury members may well be willing and competent to a basic level in carrying out a facial comparison but if they lack a certain level of confidence in their ability and decision making then this task is more suitable for an expert with experience and skills in this field.

  9. BOOK REVIEW: Einstein's Jury: The Race to Test Relativity

    NASA Astrophysics Data System (ADS)

    Ehlers, Jürgen

    2007-10-01

    'I know very well that my theory rests on a shaky foundation. What attracts me to it is that it leads to consequences that seem to be accessible to experiment, and it provides a starting point for the theoretical understanding of gravitation', wrote Einstein in 1911. Einstein's Jury by Jeffrey Crelinsten—well documented, well written, and fascinating to read—describes how, from 1909 on, Einstein's two theories of relativity became known to astronomers, and how the predictions made between 1907 and 1915 were received as challenges to observers. The author gives a non-technical account of the efforts made until 1930 to test these predictions; he focuses on two of the three classical tests, namely gravitational redshift and bending of light; the 'jury' consists mainly of American observers—Adams, Campbell, Curtis, Hale, Perrin, St John, Trumpler and others—working with newly built large telescopes, and the Britons Eddington and Evershed. The major steps which, after a long struggle, convinced the majority of astronomers that Einstein was right, are narrated chronologically in rather great detail, especially the work at Lick Observatory, before and after the famous British observation of 1919, on solar eclipses, and the work at Mount Wilson and the Indian Kodaikanal Observatories to extract the gravitational redshift from the complicated spectrum of the sun. The account of the eclipse work which was carried out between 1918 and 1923 by Lick astronomers corrects the impression suggested by many historical accounts that the British expedition alone settled the light-bending question. Apart from these main topics, the anomalous perihelion advance of Mercury and the ether problem are covered. By concentrating on astronomy rather than on physics this book complements the rich but repetitive literature on Einstein and relativity which appeared in connection with the commemoration of Einstein's annus mirabilis, 2005. The well told stories include curiosities such as

  10. Social Justice and Environmental Awareness Developed through a Citizens' Jury

    NASA Astrophysics Data System (ADS)

    Knight, J.

    2014-12-01

    A Citizens' Jury (CJ) is a discussion forum in which managers, policymakers or politicians are able to present their case to the general public ('citizens') to whom they are accountable, and for these citizens to critically ask questions of the managers/policymakers/politicians in order to better understand issues surrounding local development, planning and policy, impacts and adaptive measures, and to highlight their concerns. A CJ can be useful with respect to developing social justice and environmental awareness issues because it can empower community action and present different viewpoints. A practical CJ exercise is used in a second-year undergraduate course entitled Climate Change and Society, at University of the Witwatersrand, Johannesburg, South Africa. The CJ is used to consider some of the impacts of management policies used for climate change and sustainable development adaption, based on a hypothetical scenario. This scenario is that a major energy company wants to build a dam with hydroelectric power station in a developing country. This will provide low-carbon renewable energy to the country, investment in electricity infrastructure, and the company is committed to help economic development in the country, including in jobs and education. However, building and flooding of the dam will involve displacing 10,000 people from rural communities, flooding agricultural areas and areas of high biodiversity, and archaeological sites. The exercise is based on students, in groups, assuming different 'identities' which may include a local business person, resident, politician, member of an NGO, tourist, engineer, farmer etc, from which viewpoint they must argue for/against the proposal and to question other peoples' viewpoints. This exercise is useful because it allows students to develop understandings of different viewpoints, evaluate risk and impacts on different communities, and highlights the complexity of real-world decision-making.

  11. BOOK REVIEW: Einstein's Jury: The Race to Test Relativity

    NASA Astrophysics Data System (ADS)

    Ehlers, Jürgen

    2007-10-01

    'I know very well that my theory rests on a shaky foundation. What attracts me to it is that it leads to consequences that seem to be accessible to experiment, and it provides a starting point for the theoretical understanding of gravitation', wrote Einstein in 1911. Einstein's Jury by Jeffrey Crelinsten—well documented, well written, and fascinating to read—describes how, from 1909 on, Einstein's two theories of relativity became known to astronomers, and how the predictions made between 1907 and 1915 were received as challenges to observers. The author gives a non-technical account of the efforts made until 1930 to test these predictions; he focuses on two of the three classical tests, namely gravitational redshift and bending of light; the 'jury' consists mainly of American observers—Adams, Campbell, Curtis, Hale, Perrin, St John, Trumpler and others—working with newly built large telescopes, and the Britons Eddington and Evershed. The major steps which, after a long struggle, convinced the majority of astronomers that Einstein was right, are narrated chronologically in rather great detail, especially the work at Lick Observatory, before and after the famous British observation of 1919, on solar eclipses, and the work at Mount Wilson and the Indian Kodaikanal Observatories to extract the gravitational redshift from the complicated spectrum of the sun. The account of the eclipse work which was carried out between 1918 and 1923 by Lick astronomers corrects the impression suggested by many historical accounts that the British expedition alone settled the light-bending question. Apart from these main topics, the anomalous perihelion advance of Mercury and the ether problem are covered. By concentrating on astronomy rather than on physics this book complements the rich but repetitive literature on Einstein and relativity which appeared in connection with the commemoration of Einstein's annus mirabilis, 2005. The well told stories include curiosities such as

  12. On racial diversity and group decision making: identifying multiple effects of racial composition on jury deliberations.

    PubMed

    Sommers, Samuel R

    2006-04-01

    This research examines the multiple effects of racial diversity on group decision making. Participants deliberated on the trial of a Black defendant as members of racially homogeneous or heterogeneous mock juries. Half of the groups were exposed to pretrial jury selection questions about racism and half were not. Deliberation analyses supported the prediction that diverse groups would exchange a wider range of information than all-White groups. This finding was not wholly attributable to the performance of Black participants, as Whites cited more case facts, made fewer errors, and were more amenable to discussion of racism when in diverse versus all-White groups. Even before discussion, Whites in diverse groups were more lenient toward the Black defendant, demonstrating that the effects of diversity do not occur solely through information exchange. The influence of jury selection questions extended previous findings that blatant racial issues at trial increase leniency toward a Black defendant.

  13. An attributional sequence model of jury decision making in civil torts.

    PubMed

    Spievak, Elizabeth R; Bettler, Robert F

    2009-08-01

    A jury simulation study was designed to replicate and extend prior research on attributional decision-making sequences in a litigation context. Although previous studies implicated injury severity, causality, responsibility, and punishment, a maximum of three stages in various combinations were tested, and only occasionally in the context of civil litigation. The present effort integrated all four stages into a more inclusive model focused on civil jury decision making. Undergraduate participants (N=91) read six case vignettes and responded to attribution questions in each of four categories. Path analyses supported the hypothesized 4-stage attributional sequence.

  14. From Blood Freud to Jury System: The Metamorphosis of Cherokee Law from 1750 to 1840.

    ERIC Educational Resources Information Center

    Daniel, Michelle

    1987-01-01

    Examines the Cherokees' deliberate adoption of the laws of the white man, focusing on the blood feud--a retaliation system designed to deal with homicide. Discusses cultural bases of Cherokee law and factors influencing the change to a jury system and noted key events of the adoption period (1797 to 1840). (JHZ)

  15. Race and Jury Selection: Psychological Perspectives on the Peremptory Challenge Debate

    ERIC Educational Resources Information Center

    Sommers, Samuel R.; Norton, Michael I.

    2008-01-01

    The legal system is a domain of potential relevance for psychologists, whether in the capacity of expert witness or citizen juror. In this article, the authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection. More specifically, the authors consider race and the peremptory challenge,…

  16. (Almost) Everything I Need to Know about Multiculturalism I Learned on Jury Duty

    ERIC Educational Resources Information Center

    Smith, Shaunna

    2013-01-01

    In this article, the author states that during her experience on jury duty--spent with a melting pot of socially-conscious citizens--she reflected upon the implications for education and her own teaching practice. Three major themes centering around her understanding of multiculturalism surfaced: (1) Defining multiculturalism; (2) The cult of…

  17. Stacking the Jury: Legal Professionals' Peremptory Challenges Reflect Jurors' Levels of Implicit Race Bias.

    PubMed

    Morrison, Mike; DeVaul-Fetters, Amanda; Gawronski, Bertram

    2016-08-01

    Most legal systems are based on the premise that defendants are treated as innocent until proven guilty and that decisions will be unbiased and solely based on the facts of the case. The validity of this assumption has been questioned for cases involving racial minority members, in that racial bias among jury members may influence jury decisions. The current research shows that legal professionals are adept at identifying jurors with levels of implicit race bias that are consistent with their legal interests. Using a simulated voir dire, professionals assigned to the role of defense lawyer for a Black defendant were more likely to exclude jurors with high levels of implicit race bias, whereas prosecutors of a Black defendant did the opposite. There was no relation between professionals' peremptory challenges and jurors' levels of explicit race bias. Implications for the role of racial bias in legal decision making are discussed.

  18. Measuring damages for lost enjoyment of life: the view from the bench and the jury box.

    PubMed

    Poser, Susan; Bornstein, Brian H; McGorty, E Kiernan

    2003-02-01

    Civil jury instructions are inconsistent in defining what constitutes noneconomic damages, which may include pain, suffering, disability, disfigurement, and loss of enjoyment of life (LEL), among other injury sequelae. This inconsistency has been manifested recently in court decisions that have considered whether LEL should be treated as a separate element of noneconomic damages, distinct from pain and suffering. This paper reviews the case law on this issue and also describes a jury simulation experiment. Mock jurors awarded damages after they received instructions on noneconomic damages in which LEL was (1) not identified as a distinct element of damages; (2) defined as an element of damages distinct from pain and suffering, but participants awarded a single amount for noneconomic damages; or (3) defined as a distinct element of damages, and participants awarded separate amounts for LEL and pain and suffering. Instructions about LEL resulted in larger awards, but only when mock jurors also made a separate award for that element of damages.

  19. Stacking the Jury: Legal Professionals' Peremptory Challenges Reflect Jurors' Levels of Implicit Race Bias.

    PubMed

    Morrison, Mike; DeVaul-Fetters, Amanda; Gawronski, Bertram

    2016-08-01

    Most legal systems are based on the premise that defendants are treated as innocent until proven guilty and that decisions will be unbiased and solely based on the facts of the case. The validity of this assumption has been questioned for cases involving racial minority members, in that racial bias among jury members may influence jury decisions. The current research shows that legal professionals are adept at identifying jurors with levels of implicit race bias that are consistent with their legal interests. Using a simulated voir dire, professionals assigned to the role of defense lawyer for a Black defendant were more likely to exclude jurors with high levels of implicit race bias, whereas prosecutors of a Black defendant did the opposite. There was no relation between professionals' peremptory challenges and jurors' levels of explicit race bias. Implications for the role of racial bias in legal decision making are discussed. PMID:27354112

  20. Justins v The Queen: assisted suicide, juries and the discretion to prosecute.

    PubMed

    Faunce, Thomas; Townsend, Ruth

    2011-06-01

    Juries are often a crucial protection for citizens against unjust or highly controversial laws. The decision whether to proceed with a prosecution rests on the discretionary powers of prosecutors. In cases where the community is deeply divided over right and wrong, it appears that there is, at times, a transference from the public of thwarted law reform aspirations which can create difficult tensions and expectations. This case commentary considers an appeal by Shirley Justins following her conviction for manslaughter by gross criminal negligence as a result of her involvement in the mercy killing of her partner, Mr Graeme Wylie. The morally unsettled nature of the charges brought against her, her own initial plea, the directions given to the jury by the trial judge and even the basis of her appeal resulted in a convoluted and complicated legal case. Spigelman CJ and Johnson J ordered a new trial, Spigelman CJ stating that it was open for a new jury to consider (a) if Mr Wylie lacked capacity; and (b) whether there was criminal involvement by one person in another's death. Simpson J found that further prosecution on the count of manslaughter would amount to an abuse of process and that an acquittal should be entered. This case highlights how fundamentally unsettled are the publicly much debated and persistently contentious issues of euthanasia, assisted suicide, the right of a person to die a dignified death and the way their capacity in that respect should be assessed. It perhaps asks us to reconsider the role of juries and the exercise of discretion by Directors of Public Prosecutions in areas of law where the community and law-makers are deeply and intractably divided. PMID:21774267

  1. Yes, the government should tax soft drinks: findings from a citizens' jury in Australia.

    PubMed

    Moretto, Nicole; Kendall, Elizabeth; Whitty, Jennifer; Byrnes, Joshua; Hills, Andrew P; Gordon, Louisa; Turkstra, Erika; Scuffham, Paul; Comans, Tracy

    2014-03-01

    Taxation has been suggested as a possible preventive strategy to address the serious public health concern of childhood obesity. Understanding the public's viewpoint on the potential role of taxation is vital to inform policy decisions if they are to be acceptable to the wider community. A Citizens' Jury is a deliberative method for engaging the public in decision making and can assist in setting policy agendas. A Citizens' Jury was conducted in Brisbane, Australia in May 2013 to answer the question: Is taxation on food and drinks an acceptable strategy to the public in order to reduce rates of childhood obesity? Citizens were randomly selected from the electoral roll and invited to participate. Thirteen members were purposively sampled from those expressing interest to broadly reflect the diversity of the Australian public. Over two days, participants were presented with evidence on the topic by experts, were able to question witnesses and deliberate on the evidence. The jurors unanimously supported taxation on sugar-sweetened drinks but generally did not support taxation on processed meats, snack foods and foods eaten/ purchased outside the home. They also supported taxation on snack foods on the condition that traffic light labelling was also introduced. Though they were not specifically asked to deliberate strategies outside of taxation, the jurors strongly recommended more nutritional information on all food packaging using the traffic light and teaspoon labelling systems for sugar, salt and fat content. The Citizens' Jury suggests that the general public may support taxation on sugar-sweetened drinks to reduce rates of obesity in children. Regulatory reforms of taxation on sugar-sweetened drinks and improved labelling of nutritional information on product packaging were strongly supported by all members of the jury. These reforms should be considered by governments to prevent childhood obesity and the future burden on society from the consequences of obesity

  2. Yes, the government should tax soft drinks: findings from a citizens' jury in Australia.

    PubMed

    Moretto, Nicole; Kendall, Elizabeth; Whitty, Jennifer; Byrnes, Joshua; Hills, Andrew P; Gordon, Louisa; Turkstra, Erika; Scuffham, Paul; Comans, Tracy

    2014-02-27

    Taxation has been suggested as a possible preventive strategy to address the serious public health concern of childhood obesity. Understanding the public's viewpoint on the potential role of taxation is vital to inform policy decisions if they are to be acceptable to the wider community. A Citizens' Jury is a deliberative method for engaging the public in decision making and can assist in setting policy agendas. A Citizens' Jury was conducted in Brisbane, Australia in May 2013 to answer the question: Is taxation on food and drinks an acceptable strategy to the public in order to reduce rates of childhood obesity? Citizens were randomly selected from the electoral roll and invited to participate. Thirteen members were purposively sampled from those expressing interest to broadly reflect the diversity of the Australian public. Over two days, participants were presented with evidence on the topic by experts, were able to question witnesses and deliberate on the evidence. The jurors unanimously supported taxation on sugar-sweetened drinks but generally did not support taxation on processed meats, snack foods and foods eaten/ purchased outside the home. They also supported taxation on snack foods on the condition that traffic light labelling was also introduced. Though they were not specifically asked to deliberate strategies outside of taxation, the jurors strongly recommended more nutritional information on all food packaging using the traffic light and teaspoon labelling systems for sugar, salt and fat content. The Citizens' Jury suggests that the general public may support taxation on sugar-sweetened drinks to reduce rates of obesity in children. Regulatory reforms of taxation on sugar-sweetened drinks and improved labelling of nutritional information on product packaging were strongly supported by all members of the jury. These reforms should be considered by governments to prevent childhood obesity and the future burden on society from the consequences of obesity.

  3. Yes, The Government Should Tax Soft Drinks: Findings from a Citizens’ Jury in Australia

    PubMed Central

    Moretto, Nicole; Kendall, Elizabeth; Whitty, Jennifer; Byrnes, Joshua; Hills, Andrew P.; Gordon, Louisa; Turkstra, Erika; Scuffham, Paul; Comans, Tracy

    2014-01-01

    Taxation has been suggested as a possible preventive strategy to address the serious public health concern of childhood obesity. Understanding the public’s viewpoint on the potential role of taxation is vital to inform policy decisions if they are to be acceptable to the wider community. A Citizens’ Jury is a deliberative method for engaging the public in decision making and can assist in setting policy agendas. A Citizens’ Jury was conducted in Brisbane, Australia in May 2013 to answer the question: Is taxation on food and drinks an acceptable strategy to the public in order to reduce rates of childhood obesity? Citizens were randomly selected from the electoral roll and invited to participate. Thirteen members were purposively sampled from those expressing interest to broadly reflect the diversity of the Australian public. Over two days, participants were presented with evidence on the topic by experts, were able to question witnesses and deliberate on the evidence. The jurors unanimously supported taxation on sugar-sweetened drinks but generally did not support taxation on processed meats, snack foods and foods eaten/ purchased outside the home. They also supported taxation on snack foods on the condition that traffic light labelling was also introduced. Though they were not specifically asked to deliberate strategies outside of taxation, the jurors strongly recommended more nutritional information on all food packaging using the traffic light and teaspoon labelling systems for sugar, salt and fat content. The Citizens’ Jury suggests that the general public may support taxation on sugar-sweetened drinks to reduce rates of obesity in children. Regulatory reforms of taxation on sugar-sweetened drinks and improved labelling of nutritional information on product packaging were strongly supported by all members of the jury. These reforms should be considered by governments to prevent childhood obesity and the future burden on society from the consequences of

  4. Jury awards $6,000 in firing of hair stylist with AIDS.

    PubMed

    1996-12-27

    A Federal jury in New Mexico awarded $6,000 to the estate of a hairdresser after deciding that his employer retaliated against him for filing a discrimination complaint. The employer, MTS Corp., fired [name removed] after other workers refused to work with him. MTS Corp. also denied his request to work at his primary salon, denied his attendance at the company Christmas party, and claimed that he worked fewer hours than required. Outstanding legal costs are still being disputed.

  5. Are damages caps regressive? A study of malpractice jury verdicts in California.

    PubMed

    Studdert, David M; Yang, Y Tony; Mello, Michelle M

    2004-01-01

    Caps on damages have emerged as the most controversial legislative response to the new malpractice crisis. We analyzed a sample of high-end jury verdicts in California that were subjected to the state's dollars 250,000 cap on noneconomic damages. We found strong evidence that the cap's fiscal impact was distributed inequitably across different types of injuries. In absolute dollar terms, the reductions imposed on grave injury were seven times larger than those for minor injury; the largest proportional reductions were for injuries that centered on pain and disfigurement. Use of sliding scales of damages instead of or in conjunction with caps would mitigate their adverse impacts on fairness. PMID:15318567

  6. The insanity defense for sex offenders: jury decisions after repeal of Wisconsin's Sex Crimes Law.

    PubMed

    Miller, R D; Stava, L J; Miller, R K

    1988-02-01

    After repeal of a Wisconsin statute permitting hospitalization of defendants convicted of sexual crimes, the authors noted an increase in the percentage of sex offenders among persons hospitalized after being found not guilty by reason of insanity. They also found that a greater proportion of hospitalized sex offenders than of other kinds of offenders were diagnosed as nonpsychotic. Illustrating with three case studies, the authors argue that despite trends away from the therapeutic model of corrections, juries continue to make decisions that provide treatment for defendants perceived to need it, even if the legal criteria for those decisions do not appear to be met.

  7. In the aftermath of State v. Becker: a review of state and federal jury instructions on insanity acquittal disposition.

    PubMed

    Piel, Jennifer

    2012-01-01

    An important topic related to the insanity defense is what jurors should be told about the disposition of a defendant found not guilty by reason of insanity (NGRI). In the federal court system, jurors are not instructed about the consequences of an NGRI verdict. State courts, however, are divided on the question. The federal precedent, Shannon v. United States, and the most recent state case to rule on NGRI juror instructions, State v. Becker, are reviewed in detail. What follows is the author's critique of the principal arguments for and against a jury instruction on NGRI disposition. The author argues in favor of a jury instruction on the consequences of an NGRI verdict.

  8. Harnessing the potential to quantify public preferences for healthcare priorities through citizens’ juries

    PubMed Central

    Whitty, Jennifer A; Burton, Paul; Kendall, Elizabeth; Ratcliffe, Julie; Wilson, Andrew; Littlejohns, Peter; Scuffham, Paul A

    2014-01-01

    Despite progress towards greater public engagement, questions about the optimal approach to access public preferences remain unanswered. We review two increasingly popular methods for engaging the public in healthcare priority-setting and determining their preferences; the Citizens’ Jury (CJ) and Discrete Choice Experiment (DCE). We discuss the theoretical framework from which each method is derived, its application in healthcare, and critique the information it can provide for decision-makers. We conclude that combining deliberation of an informed public via CJs and quantification of preferences using DCE methods, whilst it remains to be tested as an approach to engaging the public in priority-setting, could potentially achieve much richer information than the application of either method in isolation PMID:25114943

  9. N.C. Supreme Court upholds exclusion of HIV in jury selection.

    PubMed

    1995-09-01

    The North Carolina Supreme Court sustained the first-degree murder conviction of a defendant found guilty of the murder and mutilation of an HIV-positive gay man. The defense counsel asked for a new trial because the county judge, who convicted the defendant but disagreed with the death penalty recommendation made by the prosecution, prevented the defense from questioning potential jurors about their attitudes towards AIDS. The judge also denied the prosecutors' request to have evidence of the victim's homosexuality and HIV status excluded from the trial. However, the judge did bar questioning of prospective jurors about their attitudes towards AIDS, unless a potential juror raised the issue during jury selection process. The Supreme Court ruled that the defense failed to prove that the county judge's decision had any impact on the trial's outcome.

  10. Probability of criminal acts of violence: a test of jury predictive accuracy.

    PubMed

    Reidy, Thomas J; Sorensen, Jon R; Cunningham, Mark D

    2013-01-01

    The ability of capital juries to accurately predict future prison violence at the sentencing phase of aggravated murder trials was examined through retrospective review of the disciplinary records of 115 male inmates sentenced to either life (n = 65) or death (n = 50) in Oregon from 1985 through 2008, with a mean post-conviction time at risk of 15.3 years. Violent prison behavior was completely unrelated to predictions made by capital jurors, with bidirectional accuracy simply reflecting the base rate of assaultive misconduct in the group. Rejection of the special issue predicting future violence enjoyed 90% accuracy. Conversely, predictions that future violence was probable had 90% error rates. More than 90% of the assaultive rule violations committed by these offenders resulted in no harm or only minor injuries.

  11. Probability of criminal acts of violence: a test of jury predictive accuracy.

    PubMed

    Reidy, Thomas J; Sorensen, Jon R; Cunningham, Mark D

    2013-01-01

    The ability of capital juries to accurately predict future prison violence at the sentencing phase of aggravated murder trials was examined through retrospective review of the disciplinary records of 115 male inmates sentenced to either life (n = 65) or death (n = 50) in Oregon from 1985 through 2008, with a mean post-conviction time at risk of 15.3 years. Violent prison behavior was completely unrelated to predictions made by capital jurors, with bidirectional accuracy simply reflecting the base rate of assaultive misconduct in the group. Rejection of the special issue predicting future violence enjoyed 90% accuracy. Conversely, predictions that future violence was probable had 90% error rates. More than 90% of the assaultive rule violations committed by these offenders resulted in no harm or only minor injuries. PMID:23613146

  12. Involving a Citizens’ Jury in Decisions on Individual Screening for Prostate Cancer

    PubMed Central

    Mosconi, Paola; Colombo, Cinzia; Satolli, Roberto; Carzaniga, Sara

    2016-01-01

    Aims Most public health agencies and learned societies agree that the prostate-specific antigen (PSA) test in asymptomatic men should not be recommended, on account of its potential for harm. Yet PSA is still widely used as a screening test and is not being abandoned. This remains a significant public health issue, and citizens’ engagement is needed. This study was designed to produce a deliberation on the PSA screening test by a citizens’ jury. Methods Fifteen citizens were selected and balanced for sex, age, and education. They received an information booklet and participated in a two-day meeting with experts to reach a deliberation on the question “Should the National Health Service discourage or recommend PSA as an individual screening test for prostate cancer in men 55–69 years old?”. A facilitator ran the jurors’ discussion. Results All except three of the jurors decided that the National Health Service should discourage the use of PSA as an individual screening test for prostate cancer in 55–69 year-old men. The jury was particularly convinced by the uncertainty of the test outcomes, the utility of the test, and its cost/benefit ratio. Before the meeting 60% of jurors would have recommended the test to a relative, and all the male jurors would have done so. After the meeting these percentages fell to 15% and 12%. Conclusions This experience confirms the feasibility and effectiveness of delegating to a group of citizens the responsibility to decide on public health issues on behalf of the community. Public health authorities should invest in information campaigns aimed at the public and in educational initiatives for physicians. This also provided an opportunity to disseminate information on screening, over-diagnosis, and over-treatment. PMID:26751212

  13. Save the last dance for me: unwanted serial position effects in jury evaluations.

    PubMed

    Bruine de Bruin, Wändi

    2005-03-01

    Whenever competing options are considered in sequence, their evaluations may be affected by order of appearance. Such serial position effects would threaten the fairness of competitions using jury evaluations. Randomization cannot reduce potential order effects, but it does give candidates an equal chance of being assigned to preferred serial positions. Whether, or what, serial position effects emerge may depend on the cognitive demands of the judgment task. In end-of-sequence procedures, final scores are not given until all candidates have performed, possibly burdening judges' memory. If judges' evaluations are based on how well they remember performances, serial position effects may resemble those found with free recall. Candidates may also be evaluated step-by-step, immediately after each performance. This procedure should not burden memory, though it may produce different serial position effects. Yet, this paper reports similar serial position effects with end-of-sequence and step-by-step procedures used for the Eurovision Song Contest: Ratings increased with serial position. The linear order effect was replicated in the step-by-step judgments of World and European Figure Skating Contests. It is proposed that, independent of the evaluation procedure, judges' initial impressions of sequentially appearing candidates may be formed step-by-step, yielding serial position effects.

  14. Life and death in the Lone Star State: three decades of violence predictions by capital juries.

    PubMed

    Cunningham, Mark D; Sorensen, Jon R; Vigen, Mark P; Woods, S O

    2011-01-01

    The accuracy of three decades of Texas jury predictions of future violence by capital defendants was tested through retrospective review of the disciplinary records of former death row (FDR) inmates in Texas (N = 111) who had been sentenced to death under this "special issue" and subsequently obtained relief from their death sentences between 1989 and 2008. FDR inmates typically had extended tenures on death row (M = 9.9 years) and post-relief in the general prison population (M = 8.4 years). FDR prevalence of serious assault was low, both on death row (3.6%) and upon entering the prison population (4.5%). None of the assaults resulted in life-threatening injuries to the victims. Violence among the FDR inmates was not disproportionate compared with life-sentenced capital offenders. Consistent with other research, juror expectations of serious prison violence by these offenders had high error (i.e., false positive) rates. The confidence of legislators and courts in the violence prediction capabilities of capital jurors is misplaced.

  15. Measuring Sexual Victimization: On What Fronts is the Jury Still Out and Do We Need it to Come In?

    PubMed

    Krebs, Christopher

    2014-01-30

    Rennison and Addington use National Crime Victimization Survey (NCVS) data to document the fact that college women experience violent victimization at a lower rate than women of the same age who do not attend college, which refutes the idea that women in college are at increased risk of being victimized. The measurement of victimization, especially sexual victimization, is, however, a topic that has be the source of much debate. Bureau of Justice Statistics is currently exploring what are the best methods for measuring sexual victimization within the NCVS, and recent methodological research, which is summarized in this article, could inform this process. Although consensus has seemingly been forming around come methods, such as using self-administered survey instruments and behaviorally specific questions when trying to measure sexual victimization, the jury is still out on some other design fronts. What is not clear is whether we need the jury to come in, so to speak. Some methodological variation might be acceptable, especially if the various methods being considered are producing similar results.

  16. Use of a Classroom Jury Trial To Increase Student Perception of Science as Part of Their Lives

    NASA Astrophysics Data System (ADS)

    Jones, Marjorie A.

    1997-05-01

    The concept of a jury trial in the classroom setting was used to present and discuss a current, controversial topic, the drug mifepristone (RU486). This drug is used as an abortion inducing agent although it has other clinical uses. The major goal was for students to see that science is a very important part of their lives. The class project involved discussions of the scientific, sociological, moral, ethical, religious, legal, as well as financial aspects of a real trial which involved a major science issue. Students were involved in role playing which included obtaining information and then participating in the mock trial. Student roles in this activity were as judges, defendant, jury, witnesses, lawyers, and court reporters. This four week project involved both verbal and written participation. Grades were based on both their oral and written on this project. The students found this a very interesting activity as evidenced by their enthusiasm. This class activity could be adapted to a variety of timely topics.

  17. All care, but whose responsibility? Community juries reason about expert and patient responsibilities in prostate-specific antigen screening for prostate cancer.

    PubMed

    Degeling, Chris; Carter, Stacy M; Rychetnik, Lucie

    2016-09-01

    General practitioners have implicitly been given responsibility for guiding men's decisions about prostate-specific antigen-based screening for prostate cancer, but patients' expectations of the bounds of this responsibility remain unclear. We sought to explore how well-informed members of the public allocate responsibilities in prostate-specific antigen screening decision-making. In 2014, we convened two Community juries in Sydney, Australia, to address questions related to the content and timing of information provision and respective roles of patients and general practitioners in screening decisions. Participants in the first jury were of mixed gender and of all ages (n = 15); the participants in the second jury were all male and of screening age (n = 12). Both juries were presented with balanced factual evidence on the harms and benefits of prostate-specific antigen screening and expert perspectives on ethico-legal aspects of consent in medical practice. In their deliberations, jurors agreed that general practitioners should take responsibility for informing men of the options, risks and benefits of prostate-specific antigen testing, but arrived at different positions on whether or not general practitioners should also guide screening decisions. Jurors also disagreed on how much and when general practitioners should provide detailed information about biopsies and treatments. These responses suggest that for prostate-specific antigen testing, there is a public expectation that both the allocation of responsibility between general practitioners and their male patients, and the level of information provided will be tailored to individual men. In the presence of expert uncertainty, a well-informed public may have reason to embrace or resist shared decision-making processes. PMID:27491944

  18. The Marching-Jury Backward Beam Equation and Quasi-Reversibility Inverse Methods for Contaminant Plume Spatial Distribution Recovery

    NASA Astrophysics Data System (ADS)

    Atmadja, J.; Bagtzoglou, A. C.

    2001-05-01

    In this paper, a comparison between the Marching-Jury Backward Beam Equation (MJBBE) and the Quasi-Reversibility (QR) methods to reconstruct conservative contaminant plume spatial distributions is presented. The MJBBE, developed by Atmadja and Bagtzoglou [2001], was used to recover contaminant spatial distributions in heterogeneous porous media, while the QR method, first applied to groundwater contamination problems by Skaggs and Kabala [1995], was modified to incorporate heterogeneity and explicitly handle the advective term of the transport equation. Spatially uncorrelated and correlated, stationary and non-stationary, heterogeneous dispersion coefficient fields were generated using the Bayesian Nearest Neighbor Method (B-NNM). Homogeneous and deterministically heterogeneous cases are also presented for comparison. In addition, contaminant plume initial data with uncertainty were also analyzed using the MJBBE and QR methods. The MJBBE is found to be robust enough to handle highly heterogeneous parameters and is able to preserve the salient features of the initial input data. On the other hand, the QR method is superior in handling cases with homogeneous parameters and with initial data that are plagued by uncertainty but it performs very poorly in cases with heterogeneous media.

  19. [Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

    PubMed

    Dias, Allister Andrew Teixeira

    2015-01-01

    As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

  20. Jury panel member perceptions of interpersonal-affective traits of psychopathy predict support for execution in a capital murder trial simulation.

    PubMed

    Cox, Jennifer; Clark, John C; Edens, John F; Smith, Shannon Toney; Magyar, Melissa S

    2013-01-01

    Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy - though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases.

  1. Marching-jury backward beam equation and quasi-reversibility methods for hydrologic inversion: Application to contaminant plume spatial distribution recovery

    NASA Astrophysics Data System (ADS)

    Bagtzoglou, Amvrossios C.; Atmadja, Juliana

    2003-02-01

    In this paper, a comparison between the marching-jury backward beam equation (MJBBE) and the quasi-reversibility (QR) methods to perform hydrologic inversion and, more specifically, to reconstruct conservative contaminant plume spatial distributions is presented. The MJBBE, developed by Atmadja and Bagtzoglou [2000, 2001a], was used to recover contaminant spatial distributions in heterogeneous porous media, while the QR method, first applied to groundwater contamination problems by Skaggs and Kabala [1995], was modified to incorporate heterogeneity and explicitly handle the advective term of the transport equation. Spatially uncorrelated and correlated, stationary and nonstationary, heterogeneous dispersion coefficient fields were generated using the Bayesian nearest neighbor method (BNNM). Homogeneous and deterministically heterogeneous cases are also presented for comparison. In addition, contaminant plume initial data with uncertainty were also analyzed using the MJBBE and QR methods. The MJBBE is found to be robust enough to handle highly heterogeneous parameters and is able to preserve the salient features of the initial input data. On the other hand, the QR method is superior in handling cases with homogeneous parameters and with initial data that are plagued by uncertainty but it performs very poorly in cases with heterogeneous media.

  2. Trial by jury; a pilot study of juror perception of mental health professional testimony in NGRI pleas for first degree international homicide.

    PubMed

    Palermo, G B; Smith, M B; Gram, L C; Zier, W; Kohler, M E

    1996-01-01

    The authors present a pilot statistical study of the way in which jurors perceived psychiatric/psychological expert testimony in ten court trials for first degree intentional homicide in which a plea of not guilty by reason of mental disease or defect had been entered. The reader is offered a short history of the insanity defense, of the trial by jury, and a discussion of the desired professional and personality prerequisites looked for in choosing a mental health expert. The study is based on a detailed protocol devised by two of the authors--a forensic psychiatrist and a psychologist--assessing various parameters of the professionality and demeanor of the experts on the basis of a statistically valid number of juror responses to the questionnaire. The results show that the jurors perceived the expert testimony as a useful, but not determinant factor when reaching their verdict. This is consonant with the definition of the rationale for using expert testimony as given by the Federal Rules of Evidence.

  3. Jury panel member perceptions of interpersonal-affective traits of psychopathy predict support for execution in a capital murder trial simulation.

    PubMed

    Cox, Jennifer; Clark, John C; Edens, John F; Smith, Shannon Toney; Magyar, Melissa S

    2013-01-01

    Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy - though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases. PMID:23754472

  4. Olestra? The Jury's Still Out

    NASA Astrophysics Data System (ADS)

    Doyle, Ellin

    1997-04-01

    Although it has been more than a year since the FDA approved the use of olestra in certain foods, this fat substitute, a mixture of sucrose polyesters, is still controversial. It would seem that a fat substitute that is heat stable and has an acceptable flavor and texture would be welcomed enthusiastically in a country where increasing numbers of people, young and old, exceed their ideal body weight. Obesity and diets containing high levels of fat have been linked to numerous health problems, including cardiovascular diseases, certain types of cancer, and adult-onset diabetes; they may also exacerbate some chronic problems such as arthritis in joints of the lower extremities. Nevertheless, some scientists and consumer groups question olestra's safety and usefulness.

  5. Einstein's Jury: Trial by Telescope

    NASA Astrophysics Data System (ADS)

    Crelinsten, Jeffrey

    2007-03-01

    While Einstein's theory of relativity ultimately laid the foundation for modern studies of the universe, it took a long time to be accepted. Between 1905 and 1930, relativity was poorly understood and Einstein worked hard to try to make it more accessible to scientists and scientifically literate laypeople. Its acceptance was largely due to the astronomy community, which undertook precise measurements to test Einstein's astronomical predictions. The well-known 1919 British eclipse expeditions that made Einstein famous did not convince most scientists to accept relativity. The 1920s saw numerous attempts to measure light-bending, as well as solar line displacements and even ether-drift. How astronomers approached the ``Einstein problem'' in these early years before and after the First World War, and how the public reacted to what they reported, helped to shape attitudes we hold today about Einstein and his ideas.

  6. [Copyright, Jury Selection, and Sexual Harassment.

    ERIC Educational Resources Information Center

    Wolowiec, Jack, Ed.

    1994-01-01

    "Update on the Courts," a resource for civic education, helps teach secondary school students about today's important Supreme Court and other judicial decisions, the legal issues involved, and the impact of the decisions on the students' lives. This issue features a lesson on copyright laws, a case overview and lesson on sexual harassment, and an…

  7. Meditation and epilepsy: a still hung jury.

    PubMed

    St Louis, Erik K; Lansky, Ephraim Philip

    2006-01-01

    Meditation has been advocated as a treatment for several medical problems, including epilepsy. Conversely, concern has been raised that meditation may aggravate or even precipitate epilepsy. We present a case of new onset mesial temporal lobe epilepsy in a young woman meditator lacking other apparent risk factors for epilepsy as a springboard for a balanced discussion concerning the potential relationship between meditation and epilepsy, and a criticism of the current literature in this field. Prospective clinical studies of meditators with video-electroencephalography and clinical trials of meditation in refractory epilepsy patients are needed to resolve current controversies concerning meditation and epilepsy.

  8. Einstein's Jury -The Race to Test Relativity

    NASA Astrophysics Data System (ADS)

    Crelinsten, Jeffrey

    2006-12-01

    It is common belief that Einstein’s general theory of relativity won worldwide acceptance after British astronomers announced in November 1919 that the sun’s gravitational field bends starlight by an amount predicted by Einstein. This paper demonstrates that the case for Einstein was not settled until much later and that there was considerable confusion and debate about relativity during this period. Most astronomers considered Einstein’s general theory too metaphysical and abstruse, and many tried to find more conventional explanations of the astronomical observations. Two American announcements before the British results appeared had been contrary to Einstein’s prediction. They came from Lick and Mt. Wilson observatories, which enjoyed international reputations as two of the most advanced astrophysical research establishments in the world. Astronomers at these renowned institutions were instrumental in swaying the court of scientific opinion during the decade of the 1920s, which saw numerous attempts to measure light-bending, as well as solar line displacements and even ether-drift. How astronomers approached the “Einstein problem” in these early years before and after the First World War, and how the public reacted to what they reported, helped to shape attitudes we hold today about Einstein and his ideas.

  9. Assessing Racial Attitudes in Jury Selection.

    ERIC Educational Resources Information Center

    Mayo, Clara; Bromley, Stephanie

    This paper examines the current state of voir dire procedures (the process in which prospective jurors are questioned about possible prejudgment or bias) used to detect racial attitudes in court cases involving black defendants and compares voir dire questions allowed and disallowed by the court. Data based upon an assessment of racial attitudes…

  10. Trials by Juries: Suggested Practices for Database Trials

    ERIC Educational Resources Information Center

    Ritterbush, Jon

    2012-01-01

    Librarians frequently utilize product trials to assess the content and usability of a database prior to committing funds to a new subscription or purchase. At the 2012 Electronic Resources and Libraries Conference in Austin, Texas, three librarians presented a panel discussion on their institutions' policies and practices regarding database…

  11. The Historical Importance of Jury to Press Freedom.

    ERIC Educational Resources Information Center

    Olasky, Marvin N.

    Staggered by some recent libel verdicts, many journalists are neglecting lessons about press freedom learned at great cost during the seventeenth and eighteenth centuries. Journalists then learned that state power over the press, residing in the hands of either censors or judges, leads to a decrease in press freedom. In 1986, though, many media…

  12. Do health care delivery system reforms improve value? The jury is still out

    PubMed Central

    Korenstein, Deborah; Duan, Kevin; Diaz, Manuel Jose; Ahn, Rosa; Keyhani, Salomeh

    2016-01-01

    Background Widespread restructuring of health delivery systems is underway in the US to reduce costs and improve the quality of healthcare. Objective To describe studies evaluating the impact of system-level interventions (incentives and delivery structures) on the value of US healthcare, defined as the balance between quality and cost. Research Design We identified articles in PubMed (2003 to July 2014) using keywords identified through an iterative process, with reference and author tracking. We searched tables of contents of relevant journals from August 2014 through 11 August 2015 to update our sample. Subjects We included prospective or retrospective studies of system-level changes, with a control, reporting both quality and either cost or utilization of resources. Measures Data about study design, study quality, and outcomes was extracted by one reviewer and checked by a second. Results Thirty reports of 28 interventions were included. Interventions included patient-centered medical home (PCMH) implementations (n=12), pay-for-performance programs (n=10), and mixed interventions (n=6); no other intervention types were identified. Most reports (n=19) described both cost and utilization outcomes. Quality, cost, and utilization outcomes varied widely; many improvements were small and process outcomes predominated. Improved value (improved quality with stable or lower cost/utilization or stable quality with lower cost/utilization) was seen in 23 reports; 1 showed decreased value, and 6 showed unchanged, unclear or mixed results. Study limitations included variability among specific endpoints reported, inconsistent methodologies, and lack of full adjustment in some observational trials. Lack of standardized MeSH terms was also a challenge in the search. Conclusions On balance the literature suggests that health system reforms can improve value. However, this finding is tempered by the varying outcomes evaluated across studies with little documented improvement in outcome quality measures. Standardized measures of value would facilitate assessment of the impact of interventions across studies and better estimates of the broad impact of system change. PMID:26492216

  13. Change over Time in Obedience: The Jury's Still out, but It Might Be Decreasing

    ERIC Educational Resources Information Center

    Twenge, Jean M.

    2009-01-01

    Jerry M. Burger's (see record 2008-19206-001) partial replication of Stanley Milgram's (1974) obedience study shows both the influence of culture and generations on behavior and the power of the situation. In Burger's data, disobedience has nearly doubled among male participants since the 1960s, a shift just as large as the increase in Americans'…

  14. The Effect of Cross-Examination Tactics on Simulated Jury Impressions.

    ERIC Educational Resources Information Center

    Gibbs, Margaret; And Others

    Past research has demonstrated the negative effects of leading questions by attorneys on eyewitness testimony and has found that adversary lawyers produced less accurate testimony from eyewitnesses. This study was conducted to examine the effects of lawyer's hostile versus non-hostile behavior and lawyer's leading versus non-leading questions on…

  15. Change over time in obedience: The jury's still out, but it might be decreasing.

    PubMed

    Twenge, Jean M

    2009-01-01

    Jerry M. Burger's partial replication of Stanley Milgram's (1974) obedience study shows both the influence of culture and generations on behavior and the power of the situation. In Burger's data, disobedience has nearly doubled among male participants since the 1960s, a shift just as large as the increase in Americans' body mass index that has been labeled the "obesity epidemic." Differences in the ethnic composition of the two studies' samples, particularly the large numbers of Asian Americans in Burger's sample, may have suppressed what might have been an even larger increase in disobedience. Halting the experiment at 150 volts may also have suppressed change. Nevertheless, situations have a strong influence on behavior; thus generational shifts would not be expected to completely eliminate the effect. Burger's results are consistent with documented changes in personality traits over the generations, including increases in nonconformist traits such as assertiveness, self-esteem, and narcissism.

  16. Part-Time Faculty in Community Colleges: The Jury Is Still Out.

    ERIC Educational Resources Information Center

    Gordon, Michael

    This paper examines a number of issues associated with part-time faculty in community colleges. In the area of part-time faculty integration, the author surveyed 28 Florida colleges using an online survey, and received responses from 20, for a response rate of 71.4%. The survey contained five questions: (1) Are adjunct/part-time faculty listed in…

  17. Fostering Organizational Change through Deliberations: The Deliberative Jury in a University Setting

    ERIC Educational Resources Information Center

    Lindell, Juha

    2014-01-01

    Universities in Europe face a variety of reform initiatives, and university reform can be seen as a wicked problem that should be resolved through collaborative efforts. In Finland, there has been considerable resistance to proposed reforms, with university personnel complaining that they have not been heard. Students, on the other hand, seem…

  18. Visual Spatial Attention to Multiple Locations At Once: The Jury Is Still Out

    ERIC Educational Resources Information Center

    Jans, Bert; Peters, Judith C.; De Weerd, Peter

    2010-01-01

    Although in traditional attention research the focus of visual spatial attention has been considered as indivisible, many studies in the last 15 years have claimed the contrary. These studies suggest that humans can direct their attention simultaneously to multiple noncontiguous regions of the visual field upon mere instruction. The notion that…

  19. Attorney Questions Predict Jury-eligible Adult Assessments of Attorneys, Child Witnesses, and Defendant Guilt.

    PubMed

    Mugno, Allison P; Klemfuss, J Zoe; Lyon, Thomas D

    2016-01-01

    Children are often the primary source of evidence in maltreatment cases, particularly cases of child sexual abuse, and may be asked to testify in court. Although best-practice protocols for interviewing children suggest that interviewers ask open-ended questions to elicit detailed responses from children, during in-court testimony, attorneys tend to rely on closed-ended questions that elicit simple (often "yes" or "no") responses (e.g., Andrews, Lamb, & Lyon, ; Klemfuss, Quas, & Lyon, ). How then are jurors making decisions about children's credibility and ultimately the case outcome? The present study examined the effect of two attorney-specific factors (e.g., temporal structure and questioning phase) on mock jurors' perceptions of attorney performance, child witness credibility, storyline clarity, and defendant guilt. Participants were randomly assigned to read a trial excerpt from one of eight conditions and were then asked to evaluate the attorney, child witness, and the case. Selected excerpts were from criminal court case transcripts and contained either high attorney temporal structure (e.g., use of temporal markers) or low temporal structure (e.g., frequent topic switching), involved direct or cross-examination, and represented cases resulting in a conviction or acquittal. Child responses were kept consistent across all excerpts. Results showed that participants perceived the attorney's performance and child's credibility more favorably and thought the storyline was clearer when attorneys provided high rather than low temporal structure and when the excerpt contained direct rather than cross-examination. Participants who read a direct rather than cross-examination excerpt were also more likely to think the defendant was guilty. The study highlights the impact of attorney questioning style on mock jurors' perceptions. Copyright © 2016 John Wiley & Sons, Ltd. PMID:26932420

  20. Rooting the tree of life: the phylogenetic jury is still out

    PubMed Central

    Gouy, Richard; Baurain, Denis; Philippe, Hervé

    2015-01-01

    This article aims to shed light on difficulties in rooting the tree of life (ToL) and to explore the (sociological) reasons underlying the limited interest in accurately addressing this fundamental issue. First, we briefly review the difficulties plaguing phylogenetic inference and the ways to improve the modelling of the substitution process, which is highly heterogeneous, both across sites and over time. We further observe that enriched taxon samplings, better gene samplings and clever data removal strategies have led to numerous revisions of the ToL, and that these improved shallow phylogenies nearly always relocate simple organisms higher in the ToL provided that long-branch attraction artefacts are kept at bay. Then, we note that, despite the flood of genomic data available since 2000, there has been a surprisingly low interest in inferring the root of the ToL. Furthermore, the rare studies dealing with this question were almost always based on methods dating from the 1990s that have been shown to be inaccurate for much more shallow issues! This leads us to argue that the current consensus about a bacterial root for the ToL can be traced back to the prejudice of Aristotle's Great Chain of Beings, in which simple organisms are ancestors of more complex life forms. Finally, we demonstrate that even the best models cannot yet handle the complexity of the evolutionary process encountered both at shallow depth, when the outgroup is too distant, and at the level of the inter-domain relationships. Altogether, we conclude that the commonly accepted bacterial root is still unproven and that the root of the ToL should be revisited using phylogenomic supermatrices to ensure that new evidence for eukaryogenesis, such as the recently described Lokiarcheota, is interpreted in a sound phylogenetic framework. PMID:26323760

  1. The Jury Is Still Out: Psychoemotional Support in Peer E-Mentoring for Transition to University

    ERIC Educational Resources Information Center

    Risquez, Angelica; Sanchez-Garcia, Marife

    2012-01-01

    This study investigates how computer mediated communication (CMC) can sustain nourishing and emotionally enriching peer mentoring relations. A peer electronic mentoring program was implemented in an Irish university to facilitate freshmen's transition to college. A sample of 123 participants (42 mentors and 81 mentees) was evaluated with a…

  2. Applying the revenge system to the criminal justice system and jury decision-making.

    PubMed

    Roberts, S Craig; Murray, Jennifer

    2013-02-01

    McCullough et al. propose an evolved cognitive revenge system which imposes retaliatory costs on aggressors. They distinguish between this and other forms of punishment (e.g., those administered by judges) which are not underpinned by a specifically designed evolutionary mechanism. Here we outline mechanisms and circumstances through which the revenge system might nonetheless infiltrate decision-making within the criminal justice system.

  3. A Jury of Their Peers. Connect for Kids: Guidance for Grown-Ups.

    ERIC Educational Resources Information Center

    Newberger, Julee

    This article describes the use of youth courts, or teen courts, a growing trend in juvenile justice. Youth courts are generally used for younger teens with no prior arrest records, and those charged with less serious violations, like shoplifting, vandalism, and disorderly conduct. The goal is to hold young people accountable for their actions with…

  4. How hepatitis C virus counteracts the interferon response: the jury is still out on NS5A.

    PubMed

    Tan, S L; Katze, M G

    2001-05-25

    Interferons (IFNs) induce an antiviral state in the cell through complex and indirect mechanisms, which culminate in a direct inhibition of viral replication and stimulation of the host adaptive responses. Viruses often counteract with elaborate strategies to interfere with the induction as well as action of IFN effector molecules. This evolutionary battle between viruses and IFN components is a subject of intense research aimed at understanding the immunopathogenesis of viruses and the molecular basis of IFN signaling and action. In the case with hepatitis C virus (HCV), this may have profound implications for the therapeutic use of recombinant IFN in treating chronic hepatitis C. Depending on the subtype of HCV, current IFN-based treatment regimens are effective for only a small subset of chronic hepatitis C patients. Thus, one of the Holy Grails in HCV research is to understand the mechanisms by which the virus may evade IFN antiviral surveillance and establish persistent infection, which may eventually provide insights into new avenues for better antiviral therapy. Despite the lack of an efficient tissue culture system and an appropriate animal model for HCV infection, several mechanisms have been proposed based on clinical studies and in vitro experiments. This minireview focuses on the HCV NS5A nonstructural protein, which is implicated in playing a role in HCV tolerance to IFN treatment, possibly in part through its ability to inhibit the cellular IFN-induced PKR protein kinase.

  5. How justice can affect jury: training abstract words promotes generalisation to concrete words in patients with aphasia.

    PubMed

    Sandberg, Chaleece; Kiran, Swathi

    2014-01-01

    Developing language treatments that not only improve trained items but also promote generalisation to untrained items is a major focus in aphasia research. This study is a replication and extension of previous work which found that training abstract words in a particular context-category promotes generalisation to concrete words but not vice versa (Kiran, Sandberg, & Abbott, 2009 ). Twelve persons with aphasia (five female) with varying types and degrees of severity participated in a generative naming treatment based on the Complexity Account of Treatment Efficacy (CATE; Thompson, Shapiro, Kiran, & Sobecks, 2003 ). All participants were trained to generate abstract words in a particular context-category by analysing the semantic features of the target words. Two other context-categories were used as controls. Ten of the twelve participants improved on the trained abstract words in the trained context-category. Eight of the ten participants who responded to treatment also generalised to concrete words in the same context-category. These results suggest that this treatment is both efficacious and efficient. We discuss possible mechanisms of training and generalisation effects.

  6. Student Teaching Behaviors Identified by a National Jury of Cooperating Teachers as Indicators of Success in Sixteen Competency Areas.

    ERIC Educational Resources Information Center

    Snider, Sarah J.; And Others

    The purpose of this study was to determine what behaviors would be accepted by cooperating teachers in the public schools as indications of success in sixteen broad areas of teaching competence. In order to determine the behaviors most appropriate for judging effectiveness, a modified Delphi survey involving two contacts with the survey population…

  7. Evaluation of the Effect of Anti–Tumor Necrosis Factor Agent Use on Rheumatoid Arthritis Work Disability: The Jury Is Still Out

    PubMed Central

    ALLAIRE, SARALYNN; WOLFE, FREDERICK; NIU, JINGBO; ZHANG, YUQING; ZHANG, BIN; LAVALLEY, MICHAEL

    2013-01-01

    Objective To examine the role of anti–tumor necrosis factor (anti-TNF) agents in predicting work disability in subjects with rheumatoid arthritis (RA). Methods We studied 953 subjects with rheumatologist-diagnosed RA from a US cohort using a nested, matched, case–control approach. Subjects provided data on medication usage and employment every 6 months for 18 months, were employed at baseline, and were age <65 years at last followup. Cases were subjects who were not employed at followup (n = 231) and were matched ~3:1 by time of entry into the cohort to 722 controls who were employed at followup. Risk of any employment loss, or loss attributed to RA, at followup as predicted by use of an anti-TNF agent at baseline was computed using conditional logistic regression. Stratification on possible confounding factors and recursive partitioning analyses were also conducted. Results Subjects’ mean age was 51 years, 82% were female, 92% were white, and 72% had more than a high school education. Nearly half (48%) used an anti-TNF agent at baseline; characteristics of anti-TNF agent users were similar to nonusers. In the main analyses, anti-TNF use did not protect against any or RA-attributed employment loss (odds ratio [95% confidence interval] 1.1 [0.7–1.6] versus 0.9 [0.5–1.5]). However, a protective effect was found for users with disease duration <11 years (odds ratio [95% confidence interval] 0.5 [0.2–0.9]). In recursive partitioning analyses, age, RA global severity, and functional limitation played a much greater role in determining employment loss than anti-TNF agent use. Conclusion Anti-TNF agent use did not protect against work disability in the main analyses. In stratified analyses, their use was protective among subjects with shorter RA duration, whereas in nonparametric analyses, age and disease factors were the prominent predictors of work disability. PMID:18668597

  8. Has the Jury Reached a Verdict? States' Early Experiences with Crowd Out under SCHIP. Occasional Paper Number 47. Assessing the New Federalism: An Urban Institute Program To Assess Changing Social Policies.

    ERIC Educational Resources Information Center

    Lutzky, Amy Westpfahl; Hill, Ian

    Prior to the enactment of the State Children's Health Insurance Program (SCHIP), policymakers examined the need to safeguard the private insurance market from "crowd out," the substitution of public health insurance coverage for private health insurance coverage. This qualitative study examined how 18 states are addressing crowd out, the degree to…

  9. Juror stress: symptoms, syndromes, and solutions.

    PubMed

    Miller, Laurence

    2008-01-01

    As civic duties go, jury service can be among the most stressful experiences that a citizen can undergo. This article describes the common sources of juror stress, including jury summons, jury selection, understanding and coping with complex or disturbing evidence and testimony, jury deliberation, and the pressure to arrive at a just verdict. The article then goes on to delineate a number of intervention models for helping jurors manage stress reactions and prevent the development of more serious traumatic stress syndromes. Finally, some recommendations are offered for professionalizing jury service that would act in the interests of civil and criminal justice.

  10. 48 CFR 9904.408-30 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... FEDERAL PROCUREMENT POLICY, OFFICE OF MANAGEMENT AND BUDGET PROCUREMENT PRACTICES AND COST ACCOUNTING..., holidays, jury duty or military training, or personal activities, for which an employer pays...

  11. 48 CFR 9904.408-30 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... FEDERAL PROCUREMENT POLICY, OFFICE OF MANAGEMENT AND BUDGET PROCUREMENT PRACTICES AND COST ACCOUNTING..., holidays, jury duty or military training, or personal activities, for which an employer pays...

  12. Campus Visits

    ERIC Educational Resources Information Center

    Lustig, Susan

    2009-01-01

    In this annual Architectural Portfolio issue, the author presents the main winners that impressed the jury as facilities that will excite and challenge students in dramatic ways. The Children's School, Stamford, Connecticut, the Caudill winner, is "reminiscent of the Crow Island School," according to this year's jury. The Kahn winner, Peninsula…

  13. Justice by the People. Teacher's Guide.

    ERIC Educational Resources Information Center

    Hart, Diane; Alderson, Jan, Ed.

    This interactive curriculum has been developed to teach students about one of their most important rights as citizens, trial by jury. Knowledge about this right is critical since most of today's students will be called to serve on juries at some point in their lives. The curriculum's goal is to help students understand the history and value of…

  14. Eckmann v. Board of Education of Hawthorn School District: Bad Management Makes Bad Law.

    ERIC Educational Resources Information Center

    Sacken, Donal M.

    1988-01-01

    A school board's dismissal of a teacher who was an unwed mother resulted in the jury granting a large award. The judge grounded the legal justification for the jury's decision in the teacher's constitutionally protected decision to bear a child, irrespective of marriage. Criticizes court's constitutional intrepretation. (MLF)

  15. Activity Report: "Escola de Cultura de Pau", the Laureate of the First Evens Prize for Peace Education

    ERIC Educational Resources Information Center

    Delvou, Marjolein

    2011-01-01

    On March 18th 2011 an independent jury of experts convened in Antwerp, Belgium, to select the laureate of the first Evens Prize for Peace Education from a shortlist of eleven organizations from all over Europe. After a long day of intense discussions, the jury agreed unanimously to award the prize to the "Escola de Cultura de Pau" (Barcelona,…

  16. Application of Dst Interpretation Results by Log - Log Method in the Pore Space Type Estimation for the Upper Jurassic Carbonate Reservoir Rocks of the Carpathian Foredeep Basement / Interpretacja Testów Wykonywanych Rurowymi Próbnikami Złoża - Rpz w Skałach Węglanowych Górnej Jury Podłoża Zapadliska Przedkarpackiego

    NASA Astrophysics Data System (ADS)

    Dubiel, Stanisław; Zubrzycki, Adam; Rybicki, Czesław; Maruta, Michał

    2012-11-01

    In the south part of the Carpathian Foredeep basement, between Bochnia and Ropczyce, the Upper Jurassic (Oxfordian, Kimmeridian and Tithonian) carbonate complex plays important role as a hydrocarbon bearing formation. It consists of shallow marine carbonates deposited in environments of the outer carbonate ramp as reef limestones (dolomites), microbial - sponge or coral biostromes and marly or micrite limestones as well. The inner pore space system of these rocks was affected by different diagenetic processes as calcite cementation, dissolution, dolomitization and most probably by tectonic fracturing as well. These phenomena have modified pore space systems within limestone / dolomite series forming more or less developed reservoir zones (horizons). According to the interpretation of DST results (analysis of pressure build up curves by log - log method) for 11 intervals (marked out previously by well logging due to porosity increase readings) within the Upper Jurassic formation 3 types of pore/fracture space systems were distinguished: - type I - fracture - vuggy porosity system in which fractures connecting voids and vugs within organogenic carbonates are of great importance for medium flow; - type II - vuggy - fracture porosity system where a pore space consists of weak connected voids and intergranular/intercrystalline pores with minor influence of fractures; - type III - cavern porosity system in which a secondary porosity is developed due to dolomitization and cement/grain dissolution processes.

  17. To require the United States attorney to bring the matter of an individual's contempt of Congress before a grand jury not later than 30 days after receiving a certification from the Speaker of the House of Representatives or the President of the Senate that the individual is in contempt.

    THOMAS, 113th Congress

    Rep. Jordan, Jim [R-OH-4

    2014-07-29

    09/26/2014 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  18. On finding for defendants who plead insanity: the crucial impact of dispositional instructions and opportunity to deliberate.

    PubMed

    Wheatman, S R; Shaffer, D R

    2001-04-01

    One hundred twenty participants functioned as mock-jurors and as members of deliberating juries in an experiment designed to assess the impact of dispositional instruction on verdicts rendered in an insanity trial. Consistent with prior research (K. E. Whittemore & J. R. Ogloff, 1995), dispositional instruction had no effect on the verdict preferences of individual jurors prior to deliberating. Yet, as expected, the instruction manipulation had a major impact on postdeliberative decisions (i.e., group verdicts; individual juror verdict preferences). Content analyses of jury deliberations revealed that postdeliberative shifts toward harsh verdicts in uninstructed juries and toward lenient verdicts in instructed juries were mediated by the impact of the Instruction manipulation on the content of jury deliberations: uninstructed juries feared that an acquitted-insane defendant would be freed to act again, whereas instructed juries recognized that finding for an insane defendant implied his retention and treatment. Implications of these results for both legal policy and the conduct of mock-trial research are discussed.

  19. Oily omen

    NASA Astrophysics Data System (ADS)

    A jury found that the Exxon Corp. was indeed reckless in allowing a captain with a track record of alcohol abuse to pilot the Valdez supertanker, which ran aground in March 1989, causing North America's worst oil spill ever. The Alaskan jury also found the captain negligent and reckless for drinking on the job the afternoon of the incident. The jury is yet to decide just how much Exxon should pay in liability in the civil suit, but the figure could easily come out in the billions.

  20. A Short History of the International Physics Competition.

    ERIC Educational Resources Information Center

    Kunfalvi, R.

    1984-01-01

    Provides a brief history of the International Physics Competition (IPC). IPC rules, aims, organization, participants, leaders, finance, language, duration, international jury, problems, evaluation, prizes, and organizers' responsibilities are discussed. Typical problems used and problem solving methods are also discussed. (JN)

  1. Environmental Response: Strawberry Hill Campus, Bar Harbor, Maine. The 21st Awards Program: A Year of Issues

    ERIC Educational Resources Information Center

    Progressive Architecture, 1974

    1974-01-01

    The Progressive Architecture Awards Jury gave citations to three projects grouped as "the response by architects to environmental problems." One citation was awarded to a college campus design utilizing solar energy, recycled materials, and wind power. (MF)

  2. Mid-Term Report.

    ERIC Educational Resources Information Center

    Coplan, Carol

    1987-01-01

    Offers a midterm report on United States Supreme Court Cases. The cases dealt with voting rights, affirmative action, jury bias, the handicapped status of AIDS victims, religious holidays for teachers, and political spending of nonprofit corporations. (JDH)

  3. How common is "common knowledge" about child witnesses among legal professionals? Comparing interviewers, public defenders, and forensic psychologists with laypeople.

    PubMed

    Buck, Julie A; Warren, Amye R; Bruck, Maggie; Kuehnle, Kathryn

    2014-01-01

    The present study evaluates the knowledge of jury-eligible college students (n = 192), investigative interviewers (n = 44), forensic psychologists (n = 39), and public defenders (n = 137) in regard to the research on interviewing children. These groups' knowledge was compared with the scientific research on the impact of interview techniques and practices on the accuracy of child witnesses. Jury-eligible students were the least knowledgeable, but their accuracy varied widely across items. Both interviewers and public defenders performed better than jury-eligible students, but they lacked substantial knowledge about the research on interviewing children on certain topics (e.g., using anatomically detailed dolls); forensic psychologists were the most knowledgeable. These findings suggest that professionals in the legal system need substantial professional development regarding the research on interviewing strategies with child witnesses. They also highlight the need for experts to provide case-relevant information to juries who lack basic information about the validity and reliability of children's reports.

  4. 16 CFR 1115.6 - Reporting of unreasonable risk of serious injury or death.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... shall attach considerable significance if such firm learns that a court or jury has determined that one... term includes not only the concept of “grievous bodily injury,” defined at § 1115.12(d), but also...

  5. Revisiting the insanity defense: contested or consensus?

    PubMed

    Cirincione, C

    1996-01-01

    The author assesses the accuracy of both the public's opinion and researchers' conclusions regarding the method of adjudication of insanity cases and investigates the impact of the various types of reforms enacted in the 1980s on the degree to which insanity cases are contested. Data from seven states are analyzed. The public's view that insanity cases are typically resolved by a jury trial is inaccurate. Only 14.4 percent of the 7,299 insanity cases involved a jury trial. Likewise, scholars' views that most cases are resolved through plea-bargained insanity acquittals are inaccurate. Only 42.9 percent of all insanity cases are plea bargains, and 87.9 percent of all plea bargains are to a conviction. Jury trials are most likely to occur when the case involves a violent crime such as murder and the defendant has not been diagnosed with a major mental illness. Public fears that defendants easily "fool" juries into an inappropriate insanity acquittal are also unfounded. Only 16.1 percent of all jury trials result in an insanity acquittal. In three states, the figure is 10 percent or less. Contrary to the conclusions drawn by some scholars, this author finds that several types of reforms enacted in the 1980s affected the processing of insanity cases.

  6. When domestic goes capital: Juror decision making in capital murder trials involving domestic homicide.

    PubMed

    Richards, Tara N; Smith, M Dwayne; Fogel, Sondra J; Bjerregaard, Beth

    2015-08-01

    Prior research suggests that homicide cases involving familial offenders and victims are subject to a "domestic discount" that reduces sentencing severity. However, the operation of a domestic discount in regard to death penalty sentencing has been rarely examined. The current research uses a near-population of jury decisions in capital murder trials conducted in North Carolina from 1991 to 2009 (n = 800), and a series of logistic regression analyses to determine whether there is (a) a direct effect between offender-victim relationship (e.g., domestic, friend/acquaintance, and stranger) and jury decision making, and/or (b) whether domestic offender-victim relationship (as well as other offender-victim relationships) moderates the effect of legal and extralegal case characteristics on jury assessment of the death penalty. Our findings revealed no empirical support for a "domestic discount" whereby juries are less likely to impose death sentences in cases involving domestic homicides. However, substantial differences in predictors of death sentencing were found across offender-victim dyads; most notably, domestic homicide cases demonstrated the most legalistic model of jury decisions to impose death sentences.

  7. When domestic goes capital: Juror decision making in capital murder trials involving domestic homicide.

    PubMed

    Richards, Tara N; Smith, M Dwayne; Fogel, Sondra J; Bjerregaard, Beth

    2015-08-01

    Prior research suggests that homicide cases involving familial offenders and victims are subject to a "domestic discount" that reduces sentencing severity. However, the operation of a domestic discount in regard to death penalty sentencing has been rarely examined. The current research uses a near-population of jury decisions in capital murder trials conducted in North Carolina from 1991 to 2009 (n = 800), and a series of logistic regression analyses to determine whether there is (a) a direct effect between offender-victim relationship (e.g., domestic, friend/acquaintance, and stranger) and jury decision making, and/or (b) whether domestic offender-victim relationship (as well as other offender-victim relationships) moderates the effect of legal and extralegal case characteristics on jury assessment of the death penalty. Our findings revealed no empirical support for a "domestic discount" whereby juries are less likely to impose death sentences in cases involving domestic homicides. However, substantial differences in predictors of death sentencing were found across offender-victim dyads; most notably, domestic homicide cases demonstrated the most legalistic model of jury decisions to impose death sentences. PMID:25844513

  8. Individualizing justice after Atkins.

    PubMed

    Brakel, S Jan

    2006-01-01

    On August 6, 2005, newspapers and other media outlets reported that Daryl Atkins had been determined by a Virginia jury not to be retarded and therefore was mentally competent to receive the death penalty. A judge immediately scheduled his execution for December. Atkins, of course, is the convicted murderer whose case three years earlier had led the U.S. Supreme Court, in a landmark ruling, to declare that mentally retarded offenders are constitutionally exempt from the death penalty. While a bitter irony for Atkins, his family, and supporters, the Virginia jury's finding suggests that the practical effects of the Supreme Court's decision are less dramatic than many had anticipated. It shows that mere labels need not be determinative and that judges and juries as well as mental health experts called to assist them in capital cases can continue to work toward an individualized brand of justice.

  9. Anchoring in the courtroom: the effects of caps on punitive damages.

    PubMed

    Robbennolt, J K; Studebaker, C A

    1999-06-01

    Responding to the perception that civil damage awards are out of control, courts and legislatures have pursued tort reform efforts largely aimed at reigning in damage awards by juries. One proposed method for reigning in civil juries is to limit, or cap, the amount that can be awarded for punitive damages. Despite significant controversy over damage awards and the civil litigation system, there has been little research focusing on the process by which juries determine damages. In particular, there is a paucity of research on the possible effects of placing caps on punitive damages. The present research examines punitive damage caps and reveals an anchoring effect of the caps on both compensatory and punitive damages. A second experiment replicates this effect and examines the moderating effect of bifurcating the compensatory and punitive damage decisions.

  10. A blitz fails. [Court case concerning health effects of electromagnetic fields

    SciTech Connect

    Barnes, E.G. )

    1993-07-01

    An insider tells how the Zuidema jury sided with SDG E...despite unprecedented media pressure. In this court case, San Diego Gas and Electric was sued by plaintiffs alleging their childs rare kidney cancer was caused by electromagnetic fields (EMF) from power lines surrounding their house. After hearing all scientific evidence available up to the time of trial, the jury deliberated less than four hours in siding with SDG E. Jurors wanted to find for plaintiff but in interviews stated plaintiff did not present compelling evidence of cancer being caused by EMF. The jurors also found no need for warnings for the effects of EMF.

  11. A study of automobile exhaust noise preferences

    NASA Astrophysics Data System (ADS)

    Haire, Jay B.; Carney, Melinda J.; Cheenne, Dominique J.

    2005-04-01

    A study was conducted to investigate the relationship between preferences in automobile exhaust noise and the demographic factors of a listening jury. Noise samples of four different vehicles were recorded at idle as well as at 3000 RPM, and 1/3 octave sound spectra were acquired simultaneously. The recordings were presented to the jury using headphones and a preference survey was administered. Zwicker loudness was computed for all samples. Demographic factors such as gender, age, current and future vehicle ownership, were correlated to listening preferences, and unforeseen results were found, especially in regards to sport utility vehicles (SUV).

  12. Effects of sentencing options and strict / lenient instructions on convicting suicide attempters.

    PubMed

    Range, Lillian M; Berman, Mitchell; Embry, Tippins

    2003-11-01

    Sentence and strictness of instructions influence juries' willingness to convict. To see whether this result holds for suicide attempters, 240 undergraduates read jury instructions for a suicide attempt that varied sentence (jail term, fine, community service, or mandatory counseling) and instructions, voted guilty / not guilty, and rated their certainty and effectiveness. With sentences of 25 hours mandatory counseling, or strict instructions, more respondents voted guilty. Sentence did not impact certainty or effectiveness, but strictness enhanced certainty. Overall, respondents were neutral that convicting a suicide attempter would reduce future attempts. Consistent with terror management theory, present students were willing to punish regardless of whether they thought that the punishment was preventive.

  13. The psychiatric expert in court.

    PubMed

    Kenny, A

    1984-05-01

    The law about expert evidence is unsatisfactory: it gives scope for the expert to usurp the role of judge, jury and parliament; it brings the professions of the experts into disrepute; and it sets juries the impossible task of sorting pseudo sciences from genuine ones. The law should be reformed by changing statutes which force expert witnesses to testify beyond their science, by taking the provision of expert evidence out of the adversarial context, and by removing from the courts the decision whether a nascent discipline is or is not a science.

  14. Conviction upheld in case that hinged on victim's credibility.

    PubMed

    1999-08-20

    The Idaho Court of Appeals upheld the conviction of [name removed], a former college basketball star, for exposing [name removed], a transsexual, to HIV through unprotected sex. The court refused to overturn a jury's verdict against [name removed] because the case turned on issues of credibility that only a jury could evaluate. [Name removed], who has been HIV-positive since 1990, had a previous conviction for exposing a sex partner to the virus. [name removed]'s credibility was undermined by her poor memory, her alcohol use prior to the encounter, and to her deceptive practices in living as a member of the opposite sex. PMID:11366625

  15. Conviction upheld in case that hinged on victim's credibility.

    PubMed

    1999-08-20

    The Idaho Court of Appeals upheld the conviction of [name removed], a former college basketball star, for exposing [name removed], a transsexual, to HIV through unprotected sex. The court refused to overturn a jury's verdict against [name removed] because the case turned on issues of credibility that only a jury could evaluate. [Name removed], who has been HIV-positive since 1990, had a previous conviction for exposing a sex partner to the virus. [name removed]'s credibility was undermined by her poor memory, her alcohol use prior to the encounter, and to her deceptive practices in living as a member of the opposite sex.

  16. 39 CFR 957.16 - Evidence.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 39 Postal Service 1 2013-07-01 2013-07-01 false Evidence. 957.16 Section 957.16 Postal Service... SUSPENSION FROM CONTRACTING § 957.16 Evidence. (a) Except as otherwise provided in the rules in this part, the rules of evidence governing civil proceedings in matters not involving trial by jury in the...

  17. 39 CFR 957.16 - Evidence.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 39 Postal Service 1 2012-07-01 2012-07-01 false Evidence. 957.16 Section 957.16 Postal Service... SUSPENSION FROM CONTRACTING § 957.16 Evidence. (a) Except as otherwise provided in the rules in this part, the rules of evidence governing civil proceedings in matters not involving trial by jury in the...

  18. 39 CFR 957.16 - Evidence.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 39 Postal Service 1 2014-07-01 2014-07-01 false Evidence. 957.16 Section 957.16 Postal Service... SUSPENSION FROM CONTRACTING § 957.16 Evidence. (a) Except as otherwise provided in the rules in this part, the rules of evidence governing civil proceedings in matters not involving trial by jury in the...

  19. 39 CFR 957.16 - Evidence.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 39 Postal Service 1 2011-07-01 2011-07-01 false Evidence. 957.16 Section 957.16 Postal Service... SUSPENSION FROM CONTRACTING § 957.16 Evidence. (a) Except as otherwise provided in the rules in this part, the rules of evidence governing civil proceedings in matters not involving trial by jury in the...

  20. A Report on a Survey of Artists/Craftspersons' Attitudes Toward Competitive Exhibitions.

    ERIC Educational Resources Information Center

    Cardinale, Robert L.; Arch, Adria B.

    Results of a survey to determine the attitudes of artists and craftspersons toward entering competitive juried exhibitions are reported. Questionnaires were sent to people entering the national Copper, Brass, and Bronze Exhibition for 1977 along with notices of acceptance or rejection. One hundred-ninety artists (38%) responded. The questionnaire…

  1. Community Development as an Approach to Community Engagement in Rural-Based Higher Education Institutions in South Africa

    ERIC Educational Resources Information Center

    Netshandama, V. O.

    2010-01-01

    The premise of this article is that the "jury is still out" to describe what effective Community Engagement entails in South African higher education institutions. The current discussions about community engagement and service learning do not cover the primary objective of adding value to the community, particularly of the rural-based universities…

  2. Beyond the Schoolhouse Door: Educating the Political Animal in Jefferson's Little Republics

    ERIC Educational Resources Information Center

    Dotts, Brian W.

    2015-01-01

    Jefferson believed that citizenship must exhibit republican virtue. While education was necessary in a republican polity, it alone was insufficient in sustaining a revolutionary civic spirit. This paper examines Jefferson's expectations for citizen virtue, specifically related to militia and jury service in his "little republics."…

  3. By Unanimous Decision? A Second Look at Consensus in the Film Industry

    ERIC Educational Resources Information Center

    Dekker, Erwin; Popik, Zuzanna

    2014-01-01

    This article reports analyses of the verdicts of various film organizations that annually present awards to motion pictures and investigates whether they award/nominate the same movies in a given year. This research disputes previous findings that reported a high level of agreement between those juries, by the means of reliability analysis and the…

  4. Litigating Grades: A Cautionary Tale

    ERIC Educational Resources Information Center

    Lewis, Lionel S.

    2005-01-01

    This account of an academic lawsuit qualifies as a horror story. A mediocre minority student abuses civil rights and ADA protections to win a massive monetary award against his school on the flimsiest of evidence. Jaded lawyers for the state university represent powerless faculty defendants in court, torpidly allowing the jury to throw 50 years of…

  5. The New Face of Art Education

    ERIC Educational Resources Information Center

    Brisco, Nicole D.; Doyle, Joey

    2009-01-01

    As the nation's first standards-based art event, the Visual Arts Scholastic Event (VASE) is opening doors and creating opportunities for art students. VASE is the brainchild of passionate art educators who believe that high-school artists have potential far beyond the basic juried art exhibition. They believe that students should be able to create…

  6. Global Research in an Age of Export Controls

    ERIC Educational Resources Information Center

    Monastersky, Richard

    2008-01-01

    When a jury convicted a Tennessee professor this month of illegally exporting information to foreign countries via his graduate students and a trip to China, it sent a message to colleges that they need to scrupulously monitor their faculty members' research and their compliance with the often confusing universe of export-control regulations. In…

  7. College Students' Conceptualizations of Deficits Involved in Mild Intellectual Disability

    ERIC Educational Resources Information Center

    Musso, Mandi W.; Barker, Alyse A.; Proto, Daniel A.; Gouvier, Wm. Drew

    2012-01-01

    Precedential rulings in recent capital murder trials may, in some cases, leave it up to a jury to determine whether or not an individual meets criteria for an intellectual disability (ID) and should be spared from the death penalty. Despite the potential for misconceptions about ID to bias decisions, few empirical studies have examined the…

  8. Balancing Act: First and Sixth Amendment Rights in High-Profile Cases

    ERIC Educational Resources Information Center

    Landman, James H.

    2005-01-01

    We often hear that democracy is not a spectator sport. This is certainly true of trial by jury, a cornerstone of our democracy, which depends on the willingness of Americans from all walks of life to devote themselves to the difficult work of determining another person's guilt or innocence of a crime. But the work of those citizens selected to…

  9. Effects of an Evidence-Based Text on Scepticism, Methodological Reasoning, Values and Juror Decision-Making

    ERIC Educational Resources Information Center

    Leshowitz, Barry; Okun, Morris

    2011-01-01

    Research in social cognition laboratories and in simulated legal settings demonstrates that people often do not understand the statistical properties of evidence and are unable to detect scientifically flawed studies. In a mock jury study, we examined the effects of an evidence-based transcript on scepticism towards evidence obtained in flawed…

  10. 32 CFR 144.5 - Responsibilities.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 1 2013-07-01 2013-07-01 false Responsibilities. 144.5 Section 144.5 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL JURIES § 144.5 Responsibilities. The Secretaries...

  11. 32 CFR 144.5 - Responsibilities.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 1 2011-07-01 2011-07-01 false Responsibilities. 144.5 Section 144.5 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL JURIES § 144.5 Responsibilities. The Secretaries...

  12. Youth Court: A Community Solution for Embracing At-Risk Youth. A National Update

    ERIC Educational Resources Information Center

    Pearson, Sarah S.; Jurich, Sonia

    2005-01-01

    Youth court, also called teen court, peer jury, or student court, is an alternative to the traditional juvenile justice system and school disciplinary proceedings that empower youth and communities to take an active role in addressing the early stages of youth delinquency. The program provides communities with an opportunity to ensure immediate…

  13. Kentucky's Unified Court of Justice. Teachers' Manual.

    ERIC Educational Resources Information Center

    Kentucky State Dept. of Education, Frankfort. Div. of Program Development.

    Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

  14. The Florida High School Mock Trial Competition Case Materials, 1997. State of Florida v. Lee Appleman.

    ERIC Educational Resources Information Center

    Florida Law Related Education Association, Tallahassee.

    This material provides students with information to prepare for a mock trial. The defendant in this case has been accused of the crime of driving under the influence of alcoholic beverages causing severe bodily injury. Case materials include stipulated facts, jury instructions, depositions, and other related materials. (EH)

  15. Examination of Capital Murder Jurors' Deliberations: Methods and Issues

    ERIC Educational Resources Information Center

    Price, Keith; Coleman, Susan; Byrd, Gary R.

    2014-01-01

    The study of capital juries remains a subject of critical interest for the public and for legislative and judicial policy makers as well as legal scholars and social scientists. Cowan, Thompson, and Ellsworth established one of the standard methodologies for examination of this topic in their 1984 seminal study by observing the subjects' debate…

  16. Selected Papers from the International Conference on College Teaching and Learning (12th, Jacksonville, Florida, April 2001).

    ERIC Educational Resources Information Center

    Chambers, Jack A., Ed.

    This collection contains the 20 best papers from a conference at which nearly 300 faculty members presented papers. Those that were selected by juried review include: (1) "Where Have You Been? A Case Study of Successful Implementation of Undergraduate Online Learning Communities" (John Barnett); (2) "A Strange Sense of Disquietude: Understanding…

  17. The Authority of Truth: Religion and the John Peter Zenger Case.

    ERIC Educational Resources Information Center

    Nord, David Paul

    1985-01-01

    Argues that an appreciation of the religious milieu of the Zenger case can help to explain the nature of the defense, the meaning of the jury's verdict, and the ambiguous legacy of the trial for freedom of expression in the United States. (FL)

  18. The Authority of Truth: Religion and the John Peter Zenger Case.

    ERIC Educational Resources Information Center

    Nord, David Paul

    An appreciation of the religious milieu of the John Peter Zenger libel case of 1735 can help explain the nature of the Zenger defense as prepared by Alexander Hamilton, the meaning of the jury's verdict, and the ambiguous legacy of the trial for freedom of expression in the United States. In essence, the case was a disputation on "truth" and on…

  19. Texas inmate who spat on guard loses habeas appeal.

    PubMed

    1995-07-28

    The Fifth U.S. Circuit Court of Appeals has rejected [name removed]' petition for a writ of habeas corpus after concluding that [name removed] could have killed a prison guard by infecting him with saliva. [Name removed], a prisoner with HIV, will spend the rest of his life behind bars for spitting in the prison guard's face in June 1988. However, the prosecution never established that virus was present in [name removed]' saliva, and the guard tested negative for HIV antibodies. The appeals court decided to uphold the jury's decision to believe the witnesses who testified that HIV could be transmitted through saliva. Although the appeals court found that the defense presented enough scientific evidence to show that HIV cannot be transmitted by saliva, the court decided that as long as some evidence existed for the jury to draw its conclusions, they could not disturb the jury's assessment. The defense also contended that the trial judge gave improper instructions to the jury in how to evaluate whether an act tends to but fails to effect the commission of murder. The appeals court found the judge's instructions to be flawed, but not so much as to harm [name removed]' due process rights. PMID:11362693

  20. 24 CFR 884.215 - Lease requirements.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... changes in the Lessee's family income, family composition, or extent of exceptional medical or other... waive the tenant's right to a trial by jury. (7) Waiver of right to appeal judicial error in legal... judicial error in any suit or the tenant's right to file a suit in equity to prevent the execution of...

  1. 24 CFR 884.215 - Lease requirements.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... changes in the Lessee's family income, family composition, or extent of exceptional medical or other... waive the tenant's right to a trial by jury. (7) Waiver of right to appeal judicial error in legal... judicial error in any suit or the tenant's right to file a suit in equity to prevent the execution of...

  2. Cutting Edge Books: The Impact of Digital Books on Public Library Acquisitions

    ERIC Educational Resources Information Center

    Taylor, Lisa

    2008-01-01

    The book has made the transition to the digital age; that much is certain. However, the jury is still out on what form or forms the book of the future will take and how libraries will adapt. This article is a look at the impact of digital books on public library acquisitions, including available formats, purchasing considerations, functional…

  3. Remembering Amadou Diallo: The Response of the New Teachers Network.

    ERIC Educational Resources Information Center

    Hines, S. Maxwell; Murphy, Maureen; Singer, Alan; Stacki, Sandra L.

    2002-01-01

    Describes email excerpts of teachers' views about racial violence stimulated by the remembrance of a February 2002 jury verdict wherein four white New City police officers were acquitted of the wrongful death of Amadou Diallo, a black African immigrant. The exchanges occurred among members of the Hofstra University New Teachers Network. (PKP)

  4. 42 CFR 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity...

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act ? 137... immunity waiver required under section 509(a)(2) of the Act ? (a) Yes, Section 509(a)(2) of the Act only... trial by jury or civil discovery, or to waive immunity for money damages, attorneys fees, or fines....

  5. 42 CFR 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act ? 137... immunity waiver required under section 509(a)(2) of the Act ? (a) Yes, Section 509(a)(2) of the Act only... trial by jury or civil discovery, or to waive immunity for money damages, attorneys fees, or fines....

  6. 42 CFR 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity...

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act ? 137... immunity waiver required under section 509(a)(2) of the Act ? (a) Yes, Section 509(a)(2) of the Act only... trial by jury or civil discovery, or to waive immunity for money damages, attorneys fees, or fines....

  7. 42 CFR 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity...

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act ? 137... immunity waiver required under section 509(a)(2) of the Act ? (a) Yes, Section 509(a)(2) of the Act only... trial by jury or civil discovery, or to waive immunity for money damages, attorneys fees, or fines....

  8. 42 CFR 137.311 - Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity...

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act ? 137... immunity waiver required under section 509(a)(2) of the Act ? (a) Yes, Section 509(a)(2) of the Act only... trial by jury or civil discovery, or to waive immunity for money damages, attorneys fees, or fines....

  9. American military dentists as prisoners-of-war in the Pacific theatre during World War II.

    PubMed

    Bober-Moken, I G

    1994-03-01

    Fifty-three American Military dentists were held by the Japanese as Prisoners-of-War during World War II. Throughout 40 months of captivity these men served their fellow prisoners providing dental treatment in an austere environment with "jury-rigged" equipment and supplies. A brief overview of their experiences is presented in this paper. PMID:8061507

  10. "Francine, Kerplunk, and the Golden Nugget" -- Conducting Mock Trials and Debates in the Classroom.

    ERIC Educational Resources Information Center

    Beck, Charles R.

    1999-01-01

    Describes the process for creating a mock trial based on the fable "Francine, Kerplunk, and the Golden Nugget." Explains that during the jury deliberations the jurors utilize chart structures to assess the credibility of the witness' testimony and the attorney's arguments. Maintains that chart structures can also be adapted to classroom debates.…

  11. From Theory to Data: The Process of Refining Learning Progressions

    ERIC Educational Resources Information Center

    Shea, Nicole A.; Duncan, Ravit Golan

    2013-01-01

    Learning progressions (LPs) are theoretical models of how learners develop expertise in a domain over extended periods of time. Recent policy reports have touted LPs as a promising approach to aligning standards, curriculum, and assessment. However, the scholarship on LPs is relatively sparse, and the jury is still out on the theoretical and…

  12. The Status of Graphical Presentation in Interior/Architectural Design Education

    ERIC Educational Resources Information Center

    Gurel, Meltem O.; Basa, Inci

    2004-01-01

    This article argues that interior/architectural design education favours a dominance of final presentation over the design process in the studio environment, particularly in the evaluation of a project. It suggests that the appeal of design juries for pleasant drawings, which may shift the emphasis from the project itself to its representation,…

  13. Interiors That Stand Out

    ERIC Educational Resources Information Center

    American School & University, 2008

    2008-01-01

    "It's what's on the inside that counts"--at least when it comes to "American School & University's" (AS&U's) annual Educational Interiors Showcase competition. Each May, "AS&U" assembles at its Overland Park, Kansas headquarters a jury made up of education and architectural professionals from across the country to pore over an array of exceptional…

  14. Student Speech--The First Amendment and Qualified Immunity Under 42 U.S.C. Section 983: Conduct Implications for School Administrators

    ERIC Educational Resources Information Center

    Araux, Jose Luis

    2013-01-01

    Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

  15. The Effect of Using a Multiple Intelligences-Based Training Programme on Developing English Majors' Oral Communication Skills

    ERIC Educational Resources Information Center

    Abdallah, Mahmoud Mohammad Sayed

    2005-01-01

    The main purpose of the present study is to investigate the effect of using a Multiple Intelligences-Based Training Programme on developing first-year English majors' oral communication skills. Based on literature review and related studies, a list of 20 oral communication skills was prepared and displayed over a panel of jury members to select…

  16. Classic and Hard-Boiled Detective Fiction.

    ERIC Educational Resources Information Center

    Reilly, John M.

    Through an analysis of several stories, this paper defines the similarities and differences between classic and hard-boiled detective fiction. The characters and plots of three stories are discussed: "The Red House" by A. A. Milne; "I, The Jury" by Mickey Spillane; and "League of Frightened Men" by Rex Stout. The classic detective story is defined…

  17. The Effectiveness of Guided Induction versus Deductive Instruction on the Development of Complex Spanish "Gustar" Structures: An Analysis of Learning Outcomes and Processes

    ERIC Educational Resources Information Center

    Cerezo, Luis; Caras, Allison; Leow, Ronald P.

    2016-01-01

    Meta-analytic research suggests an edge of explicit over implicit instruction for the development of complex L2 grammatical structures, but the jury is still out as to which type of explicit instruction--"deductive" or "inductive," where rules are respectively provided or elicited--proves more effective. Avoiding this…

  18. 42 CFR 137.309 - How are NEPA and NHPA obligations typically enforced?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... may only be filed in Federal court under the provisions of the APA, 5 U.S.C. 701-706. Under the APA, a... the court's views for those of the agency. Jury trials and civil discovery are not permitted in APA... injunctive relief to the interested party. No money damages or fines are permitted in APA proceedings....

  19. Ucebnoe posobie dlja studentov pedagogiceskih institutov (Manual for Students of Teacher Training Institutes).

    ERIC Educational Resources Information Center

    Ogorodnikov, I. T.

    This document is an English-language abstract (approximately 1,500 words) of a book recommended for publication by the jury of the open competition for educational manuals to be used in teacher training institutes; it is designed for the Soviet educational theory course for general secondary school teachers. The five chapters deal with the subject…

  20. The Theory of Distributed Practice as Related to Acquisition of Psychomotor Skills by Adolescents in a Selected Curricular Field.

    ERIC Educational Resources Information Center

    Drake, James Bob

    1981-01-01

    From results on the tensile strength and nick-break average jury evaluations test, it was concluded that with the same total practice time, different distributions of welding practice time intervals (15, 30, and 45 minutes) influence the quality of butt welds made by ninth-grade vocational agriculture students. (Author/SJL)

  1. Blackboard Wins Payment from Competitor in Patent Case

    ERIC Educational Resources Information Center

    Mangan, Katherine

    2008-01-01

    A federal jury in Texas awarded Blackboard Inc. $3.1-million last month, saying that a smaller Canadian competitor, Desire2Learn Inc., had infringed Blackboard's patent for a system of delivering course materials online. The case has been closely watched by campus-technology officials, many of whom feared that a Blackboard win could stifle…

  2. A Guide for Developing Comprehensive Community College Facilities.

    ERIC Educational Resources Information Center

    Merlo, Frank P.

    Heretofore community colleges have adopted the facility standards of high schools or other colleges, or have devised their own. To establish flexible specifications especially for the junior college, based on the educational program, architectural feasibility, safety, student and faculty use, and possible future needs, a 6-man jury prepared a…

  3. The UNESCO Prize for Peace Education: Ten Years of Learning for Peace. Peace Education Miniprints, No. 19.

    ERIC Educational Resources Information Center

    Aziz, Unku Abdul; Reardon, Betty A.

    The UNESCO Prize for Peace Education was established in 1981. The purpose of the award is to honor outstanding contributions to the field of peace education in its most broadly defined sense. In this paper, two members of the international jury for the prize review the recipients of the awards from 1981 to 1991, and thus demonstrate the variety of…

  4. Anti-Bullying Practices in American Schools: Perspectives of School Psychologists

    ERIC Educational Resources Information Center

    Sherer, Yiping C.; Nickerson, Amanda B.

    2010-01-01

    A random sample of 213 school psychologists working in a school setting completed a survey on their schools' current anti-bullying practices. Talking with bullies following bullying incidents, disciplinary consequences for bullies, and increasing adult supervision were the three most frequently used strategies. Peer juries/court, an anti-bullying…

  5. 41 CFR 105-60.602 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... General Services Administration Employees in Response to Subpoenas or Similar Demands in Judicial or... because of that person's official status. (c) Demand means any subpoena, order, or similar demand for the... subpoenas or demands in Federal grand jury proceedings, and served upon a present or former GSA employee....

  6. 41 CFR 105-60.601 - Purpose and scope of subpart.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... the General Services Administration in response to subpoenas or similar demands issued in judicial or... instructions applies to responses to subpoenas or demands issued by the Congress or in Federal grand jury... by Present or Former General Services Administration Employees in Response to Subpoenas or...

  7. 42 CFR 137.309 - How are NEPA and NHPA obligations typically enforced?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... may only be filed in Federal court under the provisions of the APA, 5 U.S.C. 701-706. Under the APA, a... the court's views for those of the agency. Jury trials and civil discovery are not permitted in APA... injunctive relief to the interested party. No money damages or fines are permitted in APA proceedings....

  8. Selected Papers from the 13th International Conference on College Teaching and Learning.

    ERIC Educational Resources Information Center

    Chambers, Jack A., Ed.

    The papers in this collection are the 15 best papers from the thirteenth International Conference on College Teaching and Learning. They represent a cross-section of nearly 300 presentations, selected by juried review from 40 submitted for consideration. The papers are: (1) The Use of Hybrid Type Educational Digital Entities in University…

  9. A Correlation Study of Exemplary Exurban African American Achievement in Standardized Testing and the Relationship of Parental Household Size in a Southeastern Public School District

    ERIC Educational Resources Information Center

    Whittington, David H.

    2012-01-01

    This study included a literature review of juried research studies of student achievement factors that affect African American achievements tracked in the No Child Left Behind Legislative Act. Statistical correlation analyses were performed to determine if the absence or presence of one or two-parents in the household affected student achievement…

  10. Fait A La Main: A Source Book of Louisiana Crafts.

    ERIC Educational Resources Information Center

    Bergeron, Maida, Ed.

    The Louisiana Crafts Program is an economic development program that strives to stimulate several markets for Louisiana craftsmen. This publication is a directory of juried Louisiana craftsmen of various types; it is intended as a source book for anyone interested in handmade crafts. It is divided into two sections: "Folk Craftsmen" and…

  11. Applications of Computer Conferencing to Teacher Education and Human Resource Development. Proceedings from an International Symposium on Computer Conferencing (Columbus, Ohio, June 13-15, 1991).

    ERIC Educational Resources Information Center

    Miller, Aaron J., Ed.

    This document contains the texts of seven invited presentations and six juried papers from a symposium on the uses of computer conferencing in teacher education and human resource development. The invited presentations include the following: "Computer Conferencing in the Context of Theory and Practice of Distance Education" (Michael G. Moore); "An…

  12. Employing a Mock Trial in a Criminology Course: An Applied Learning Experience.

    ERIC Educational Resources Information Center

    Shepelak, Norma J.

    1996-01-01

    Recounts a criminology class exercise that consisted of staging a mock trial using the murders from Truman Capote's "In Cold Blood" as source material. Students research the case and role play various lawyers, jury members, and witnesses. Identifies and discusses four educational objectives attainable through the staging of mock trials. (MJP)

  13. Teaching Law to Online Law Students at RMIT University

    ERIC Educational Resources Information Center

    Babacan, Alperhan

    2011-01-01

    This paper discusses the online Juris Doctor Program (JD Program) at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching…

  14. 12 CFR 219.5 - Conditions for payment.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... payment. (a) Direct costs. Payment shall be made only for costs that are both directly incurred and... or delivery costs shall be considered separately when determining whether the costs are reasonably... customer successfully challenges disclosure to a grand jury or government authority, the...

  15. 26 CFR 301.9000-6 - Examples.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... refers the matter to the United States Department of Justice, requesting the institution of a Federal grand jury to investigate further potential criminal tax violations. The United States Department of... IRS special agent was acting under the direction and control of the United States Attorney's Office...

  16. The Importance of Nonverbal Communication in the Courtroom.

    ERIC Educational Resources Information Center

    Remland, Martin S.

    Although a relatively new area of scientific study, theory and research on nonverbal communication in the courtroom has produced important findings for students and practitioners in five key areas: voire dire and jury analysis; opening and closing statements; client demeanor and direct examination; cross-examination; and judge demeanor and…

  17. 28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... subject of a criminal or civil matter or case under investigation with an accounting of disclosures of... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters...) Subsection (e)(1). In the course of criminal or civil investigations, cases, or matters, the Civil...

  18. 28 CFR 16.92 - Exemption of Environment and Natural Resources Division Systems-limited access.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... investigations, and/or law enforcement matters, the exemption does not apply. In addition, where compliance would... individual. To provide the subject of a criminal or civil matter or case under investigation with an... investigation and/or prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure...

  19. iMAGiNE! YELLOWSTONE: Art Education and the Reinhabitation of Place.

    ERIC Educational Resources Information Center

    Blandy, Doug; Cowan, David

    1997-01-01

    Describes an art education program that connects children and youth to the historical and contemporary issues associated with Yellowstone National Park. Originally conceived as a one-year celebration, the project has grown into a juried exhibit showcasing student art and writing which responds to Yellowstone resource themes and issues. (MJP)

  20. Beyond the Debate: Perspectives on the Preparation of Vocational Education Teachers.

    ERIC Educational Resources Information Center

    University Council for Vocational Education.

    This monograph examines issues central to a number of education reform proposals for secondary and postsecondary vocational education. Nine papers, chosen by a jury of the University Council for Vocational Education, are included: "Changing Workplace--Changing Education" (Douglas C. Smith); "Vocational Teacher Education: Emerging Patterns for…

  1. 5 CFR 300.503 - Conditions for using private sector temporaries.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... appointment recruiting requirements, including veterans' preference found in 5 CFR part 316 to determine... displaced Federal employee as required by 5 CFR part 330, subpart F (Agency Career Transition Assistance... emergency, accident, illness, parental or family responsibilities, or mandatory jury service, but...

  2. People with Mental Retardation Are Dying, Legally.

    ERIC Educational Resources Information Center

    Keyes, Denis; And Others

    1997-01-01

    Criticizes the institution of the death penalty for convicted criminals with mental retardation. Examples are given of cases in which juries were not told of the defendant's mental retardation before sentencing, and a list of defendants with mental retardation that have been executed since 1976 is provided. (CR)

  3. Expert Testimony, "Regular People," and Public Values: Arguing Common Sense at a Death Penalty Trial.

    ERIC Educational Resources Information Center

    Chappell, Virginia A.

    1995-01-01

    Presents a case study of a particular courtroom case dealing with the death penalty. Analyzes the processes and communications of the trial jury. Discusses the interplay of common-sense and expert claims at three crucial stages of the trial. (HB)

  4. Swan Song for the Burger Court.

    ERIC Educational Resources Information Center

    Hayman, Robert L., Jr.; Ramarui, Cornelis O.

    1986-01-01

    Reviews a collection of decisions rendered by the Burger Court during its waning months. The decisions involve (1) criminal procedures, (2) racial bias in jury selection, (3) search and seizure, and (4) the exclusion of jurors who have reservations about the death penalty. (JDH)

  5. Score Calculation in Informatics Contests Using Multiple Criteria Decision Methods

    ERIC Educational Resources Information Center

    Skupiene, Jurate

    2011-01-01

    The Lithuanian Informatics Olympiad is a problem solving contest for high school students. The work of each contestant is evaluated in terms of several criteria, where each criterion is measured according to its own scale (but the same scale for each contestant). Several jury members are involved in the evaluation. This paper analyses the problem…

  6. HeinOnline: An Online Archive of Law Journals.

    ERIC Educational Resources Information Center

    Marisa, Richard J.

    Law is grounded in the past, in the decisions and reasoning of generations of lawyers, judges, juries, and professors. Ready access to this history is vital to solid legal research, and yet, until 2000, much of it was buried in vast collections of aging paper journals. HeinOnline is a new online archive of law journals. Development of HeinOnline…

  7. Exercises for Keeping Pianists' Hands in Top Form

    ERIC Educational Resources Information Center

    Perlmutter, Adam

    2009-01-01

    Some pianists have idiosyncratic ways of keeping their hands and fingers relaxed. Glenn Gould, for example, religiously soaked his digits in hot water before performing or recording. While the jury is still out on the effectiveness of Gould's routine, there are plenty of other exercises and practices that will keep a pianist's fingers limber.…

  8. Sociologist Jailed Because He "Wouldn't Snitch" Ponders the Way Research Ought to Be Done.

    ERIC Educational Resources Information Center

    Monaghan, Peter

    1993-01-01

    A Washington doctoral candidate in sociology is jailed for contempt of court for not revealing conversations with animal-rights activists in a grand jury investigation of a research laboratory raid at his institution. The graduate student refused to breach an American Sociological Association pledge of scholarly confidentiality. (MSE)

  9. Adapted Verbal Feedback, Instructor Interaction and Student Emotions in the Landscape Architecture Studio

    ERIC Educational Resources Information Center

    Smith, Carl A.; Boyer, Mark E.

    2015-01-01

    In light of concerns with architectural students' emotional jeopardy during traditional desk and final-jury critiques, the authors pursue alternative approaches intended to provide more supportive and mentoring verbal assessment in landscape architecture studios. In addition to traditional studio-based critiques throughout a semester, we provide…

  10. Equality v. Liberty v. Pluralism: Latinos in American Constitutional Law.

    ERIC Educational Resources Information Center

    Soltero, Carlos R.

    This paper examines how U.S. courts, particularly the Supreme Court, have applied constitutional law principles to Latino communities and individuals in three areas: public education, the status of Puerto Rico, and jury selection. Consistent with traditional views of American society as biracial (black and white), constitutional law discussions…

  11. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  12. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  13. 26 CFR 301.6103(i)-1 - Disclosure of returns and return information (including taxpayer return information) to and by...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ..., such as the Federal Bureau of Investigation or the Drug Enforcement Administration) or other Federal... investigation, involving enforcement of Federal criminal statute not involving tax administration. 301.6103(i)-1... grand jury proceeding, or preparation for proceeding or investigation, involving enforcement of......

  14. 26 CFR 301.6103(i)-1 - Disclosure of returns and return information (including taxpayer return information) to and by...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ..., such as the Federal Bureau of Investigation or the Drug Enforcement Administration) or other Federal... investigation, involving enforcement of Federal criminal statute not involving tax administration. 301.6103(i)-1... grand jury proceeding, or preparation for proceeding or investigation, involving enforcement of......

  15. 26 CFR 301.6103(i)-1 - Disclosure of returns and return information (including taxpayer return information) to and by...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ..., such as the Federal Bureau of Investigation or the Drug Enforcement Administration) or other Federal... investigation, involving enforcement of Federal criminal statute not involving tax administration. 301.6103(i)-1... grand jury proceeding, or preparation for proceeding or investigation, involving enforcement of......

  16. 26 CFR 301.6103(i)-1 - Disclosure of returns and return information (including taxpayer return information) to and by...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ..., such as the Federal Bureau of Investigation or the Drug Enforcement Administration) or other Federal... investigation, involving enforcement of Federal criminal statute not involving tax administration. 301.6103(i)-1... grand jury proceeding, or preparation for proceeding or investigation, involving enforcement of......

  17. Will Female Kicker's Legal Victory Reshape Gender Roles in Athletics?

    ERIC Educational Resources Information Center

    Suggs, Welch

    2000-01-01

    Analyzes implications of a $2-million judgment awarded to a female football player by a federal jury who found that Duke University (North Carolina) engaged in illegal discrimination by keeping her off its football team. Considers the tradition of football as a decidedly male activity, Title IX requirements, and the large degree of variance in…

  18. The Effect of Using a Program Based on Cooperative Learning Strategy on Developing some Oral Communication Skills of Students, at English Department, Faculty of Education, Sana'a University

    ERIC Educational Resources Information Center

    Zuheer, Khaled Mohsen Mohammed

    2008-01-01

    The purpose of study is to investigate the effective of using a cooperative learning strategy STAD-based program on developing some oral communication skills of second level students, English Department, Faculty of Education, Sana'a University. Based on literature review, related studies and a panel of jury members' point of view, a list of 5 oral…

  19. Cost Utility: An Aid to Decision Making.

    ERIC Educational Resources Information Center

    Costa, Crist H.

    A set of procedures were developed which assist in structuring tasks and objectives in a manner to permit rational decision making. The model uses a jury of experts to rank various objectives and program processes in terms of their importance. Values are generated which relate to costs in the form of a utility-cost ratio. The model was tested in a…

  20. The Wasps in Court: Argument and Audience in the Athenian Dikasteries.

    ERIC Educational Resources Information Center

    Rodgers, Raymond S.

    In an attempt to explain why Aristotle devotes a substantial part of Book Two of "The Rhetoric" to methods for arousing jurors' emotions, despite stating previously that such emotional appeal is nonessential and unethical, this paper examines the nature of the Athenian jury courts, or dikasteries. It first discusses the historical development and…

  1. Reading the Riot Act: Rhetoric, Psychology, and Counter-Revolutionary Discourse in Shays's Rebellion, 1786-1787

    ERIC Educational Resources Information Center

    Engels, Jeremy

    2005-01-01

    In 1786, backcountry Massachusetts farmers, fed up with government policies favoring aristocratic elites, marched on courts to bar the entry of judges and juries. Enacting a long-standing tradition known to colonists as a "Regulation," the farmers' movement became known as Shays's Rebellion. Erupting in the turbulent days following the War for…

  2. Supreme Court's New Term. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  3. Representation of Legal Knowledge for Conceptual Retrieval.

    ERIC Educational Resources Information Center

    Cross, George R.; deBessonet, Cary G.

    1985-01-01

    Describes traditional legal information retrieval systems--Juris, Lexis, Westlaw--and several new rule-based, knowledge-based, legal knowledge reasoning, and analytical legal information systems--Waterman and Peterson's Legal Decisionmaking System, Hafner's Legal Information Retrieval System, McCarty's TAXMAN, and the deBessonet representation of…

  4. MOOCs for High School: Unlocking Opportunities or Substandard Learning?

    ERIC Educational Resources Information Center

    Horn, Michael B.

    2014-01-01

    If 2012 was the year of the MOOC--massive open online course--then 2013 was the year the MOOC hype returned to Earth. Largely lost in the coverage in both years, however, was the impact MOOCs might have in high schools. Although the jury is still out on that question, high schools around the country are experimenting with adding MOOCs to their…

  5. Secondary School Strategies.

    ERIC Educational Resources Information Center

    O'Brien, Joseph; And Others

    1986-01-01

    Presents five complete lesson plans for activities that teach high school students about search and seizure, due process, freedom of assembly, right to counsel, and other individual liberties, through the use of case study techniques, a jury simulation, the analysis of historical material, and discussions. (JDH)

  6. Curriculum Materials for Teaching Students the Competencies Needed for Employment in Nonfarm Agricultural Business. Final Report.

    ERIC Educational Resources Information Center

    Williams, David L.; And Others

    Developed by means of a research project, this teaching guide includes five instructional modules in which competencies for agribusiness occupations are stressed. These competencies were identified from a review of the literature and evaluated by a jury of teachers and agribusinessmen in terms of qualifications needed for entry-level employment.…

  7. 76 FR 60519 - Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-29

    ... (42 FR 19014). The system was last revised on August 18, 1983 (48 FR 37536). DATES: Comments must be...-grantees, lessees, licensees, and other persons engaged in business with the DOI or having contact with the... the purpose of its introduction to a grand jury. (19) To the Office of Personnel Management...

  8. The Double Helix Takes the Witness Stand: Behavioral and Neuropsychiatric Genetics in Court

    PubMed Central

    Appelbaum, Paul S.

    2014-01-01

    Summary Data on neuropsychiatric and behavioral genetics have attracted legal interest, as attorneys explore their use in criminal and civil cases. These developments may assist judges and juries in making difficult judgments—but they bring substantial risk of misinterpretation and misuse. PMID:24908480

  9. The potential inhalation hazard posed by dioxin contaminated soil

    SciTech Connect

    Paustenbach, D.J.; Sarlos, T.T.; Lau, V.; Finley, B.L.; Jeffrey, D.A.; Ungs, M.J. )

    1991-10-01

    Mathematical models and field data were used to estimate the airborne concentrations of 2,3,7,8 tetratchlorodibenxo-p-dioxin (TCDD) vapor and particulates which could originate from soil containing 100 ppb TCDD. The model of Jury et al. (1983) and the box approach were used to predict the concentration of TCDD vapor from soil. These results indicate that the concentration predicted by the Jury et al. model are about 1,000 fold greater than which actually occur. The inability of the Jury model to accurately estimate the rate of violation of TCDD from soil is probably because the TCDD was applied to the sol in a formulated state where it could easily migrate below the surface. A recent modification of the Jury model (1990) suggests that a 5-50 mm layer of clean soil will significantly retard (or eliminate) the vapor hazard posed by TCDD contaminated soil. The risks due to fugitive dust will always be greater than the vapor hazard, but for soil concentrations of 100 ppb the cancer risk should be less than 10{sup {minus}6}. Since few sites have average soil concentrations as high as 100 ppb, this nearly worst case analysis indicates that inhalation will rarely, if ever, be a significant route of exposure to TCDD-contaminated soil.

  10. WHAT DOES IT TAKE TO SELL FEED.

    ERIC Educational Resources Information Center

    ALBRACHT, JAMES J.

    TO DETERMINE THE VOCATIONAL COMPETENCIES NECESSARY FOR THE PERFORMANCE OF NINE ESSENTIAL SALES ACTIVITIES IN THE FEED INDUSTRY, A JURY OF 24 FEED DEALERS, SALES TRAINING DIRECTORS, AGRICULTURAL EDUCATION RESEARCHERS, AND BUSINESS EDUCATION RESEARCHERS MADE "YES" AND "NO" DETERMINATIONS FOR 40 COMPETENCIES. THE NUMBER OF COMPETENCIES CONSIDERED…

  11. Free Press and Fair Trial: Some Dimensions of the Problem.

    ERIC Educational Resources Information Center

    Bush, Chilton R., Ed.

    This volume presents the findings of several research studies related to jury verdicts in felony cases and pretrial publicity. The studies include: "Trial Judges' Opinions on Prejudicial Publicity" by Fred Siebert, an attempt to learn whether or not judges thought that pretrial publicity had ever resulted in miscarriage of justice in their courts;…

  12. THE CONTRIBUTION OF AGRICULTURAL EDUCATION TO THE RURAL DEVELOPMENT OF ETHIOPIA.

    ERIC Educational Resources Information Center

    KERBRET, MAKONNEN

    AN ANALYSIS OF THE PRESENT SITUATION IN ETHIOPIA AND A REVIEW OF AGRICULTURAL EDUCATION DEVELOPMENT IN THE WORLD WAS MADE THROUGH INTENSIVE LIBRARY RESEARCH. GUIDELINES AND OBJECTIVES WERE BASED ON THE REVIEW SUBMITTED TO A JURY OF EXPERTS FOR VERIFICATION. REVISED GUIDELINES AND OBJECTIVES WERE THEN DEVELOPED FOR GUIDING AND IMPLEMENTING THE…

  13. A GUIDE FOR SELF-EVALUATION OF STATE SUPERVISORY PROGRAMS IN VOCATIONAL EDUCATION IN AGRICULTURE.

    ERIC Educational Resources Information Center

    LINSON, MARVIN G.

    THE PURPOSE OF THE STUDY WAS TO DEVELOP A GUIDE FOR THE SELF-EVALUATION OF STATE SUPERVISORY PROGRAMS OF VOCATIONAL EDUCATION IN AGRICULTURE AND TO DESIGN AN INSTRUMENT TO ASSIST IN THIS EVALUATION. TWO NATIONAL JURIES OF EXPERTS IN EDUCATIONAL SUPERVISION ASSISTED IN REFINING A SET OF STATEMENTS, DEVELOPED TO SERVE AS INDICATORS OF SUCCESSFUL…

  14. THE ROLE OF PREVOCATIONAL AGRICULTURE IN THE JUNIOR HIGH SCHOOLS OF NEW YORK STATE.

    ERIC Educational Resources Information Center

    AL-SALMAN, MUHSIN HUSSAIN

    THE PURPOSE OF THE STUDY WAS TO DESCRIBE EXISTING JUNIOR HIGH SCHOOL PREVOCATIONAL AGRICULTURE COURSES AND DETERMINE WHAT SELECTED EDUCATORS IN AGRICULTURE BELIEVE THE OBJECTIVES AND COURSE CONTENT SHOULD BE. LISTS OF 17 OBJECTIVES AND 103 COURSE CONTENT ITEMS IN NINE SUBJECT AREAS WERE ASSEMBLED. A JURY OF 17 MEMBERS RANKED THE OBJECTIVES AND…

  15. Journal of College Reading and Learning, Volume XVIII, 1985.

    ERIC Educational Resources Information Center

    O'Hear, Michael F., Ed.; Knowles, Ramona, Ed.

    1985-01-01

    Drawn from the proceedings of the 1985 Western College Reading and Learning Association, as well as articles submitted for juried selection, the papers in this journal issue focus on reading, learning assistance, developmental education, and tutorial services at the college level. Titles and authors of the papers include (1) "Reaching New Heights:…

  16. Death Penalty Decisions: Instruction Comprehension, Attitudes, and Decision Mediators.

    PubMed

    Patry, Marc W; Penrod, Steven D

    2013-01-01

    A primary goal of this research was to empirically evaluate a set of assumptions, advanced in the Supreme Court's ruling in Buchanan v. Angelone (1998), about jury comprehension of death penalty instructions. Further, this research examined the use of evidence in capital punishment decision making by exploring underlying mediating factors upon which death penalty decisions may be based. Manipulated variables included the type of instructions and several variations of evidence. Study 1 was a paper and pencil study of 245 undergraduate mock jurors. The experimental design was an incomplete 4×2×2×2×2 factorial model resulting in 56 possible conditions. Manipulations included four different types of instructions, presence of a list of case-specific mitigators to accompany the instructions, and three variations in the case facts: age of the defendant, bad prior record, and defendant history of emotional abuse. Study 2 was a fully-crossed 2×2×2×2×2 experiment with four deliberating mock juries per cell. Manipulations included jury instructions (original or revised), presence of a list of case-specific mitigators, defendant history of emotional abuse, bad prior record, and heinousness of the crime. The sample of 735 jury-eligible participants included 130 individuals who identified themselves as students. Participants watched one of 32 stimulus videotapes based on a replication of a capital sentencing hearing. The present findings support previous research showing low comprehension of capital penalty instructions. Further, we found that higher instruction comprehension was associated with higher likelihood of issuing life sentence decisions. The importance of instruction comprehension is emphasized in a social cognitive model of jury decision making at the sentencing phase of capital cases.

  17. Death Penalty Decisions: Instruction Comprehension, Attitudes, and Decision Mediators

    PubMed Central

    Patry, Marc W.; Penrod, Steven D.

    2013-01-01

    A primary goal of this research was to empirically evaluate a set of assumptions, advanced in the Supreme Court’s ruling in Buchanan v. Angelone (1998), about jury comprehension of death penalty instructions. Further, this research examined the use of evidence in capital punishment decision making by exploring underlying mediating factors upon which death penalty decisions may be based. Manipulated variables included the type of instructions and several variations of evidence. Study 1 was a paper and pencil study of 245 undergraduate mock jurors. The experimental design was an incomplete 4×2×2×2×2 factorial model resulting in 56 possible conditions. Manipulations included four different types of instructions, presence of a list of case-specific mitigators to accompany the instructions, and three variations in the case facts: age of the defendant, bad prior record, and defendant history of emotional abuse. Study 2 was a fully-crossed 2×2×2×2×2 experiment with four deliberating mock juries per cell. Manipulations included jury instructions (original or revised), presence of a list of case-specific mitigators, defendant history of emotional abuse, bad prior record, and heinousness of the crime. The sample of 735 jury-eligible participants included 130 individuals who identified themselves as students. Participants watched one of 32 stimulus videotapes based on a replication of a capital sentencing hearing. The present findings support previous research showing low comprehension of capital penalty instructions. Further, we found that higher instruction comprehension was associated with higher likelihood of issuing life sentence decisions. The importance of instruction comprehension is emphasized in a social cognitive model of jury decision making at the sentencing phase of capital cases. PMID:24072981

  18. Death Penalty Decisions: Instruction Comprehension, Attitudes, and Decision Mediators.

    PubMed

    Patry, Marc W; Penrod, Steven D

    2013-01-01

    A primary goal of this research was to empirically evaluate a set of assumptions, advanced in the Supreme Court's ruling in Buchanan v. Angelone (1998), about jury comprehension of death penalty instructions. Further, this research examined the use of evidence in capital punishment decision making by exploring underlying mediating factors upon which death penalty decisions may be based. Manipulated variables included the type of instructions and several variations of evidence. Study 1 was a paper and pencil study of 245 undergraduate mock jurors. The experimental design was an incomplete 4×2×2×2×2 factorial model resulting in 56 possible conditions. Manipulations included four different types of instructions, presence of a list of case-specific mitigators to accompany the instructions, and three variations in the case facts: age of the defendant, bad prior record, and defendant history of emotional abuse. Study 2 was a fully-crossed 2×2×2×2×2 experiment with four deliberating mock juries per cell. Manipulations included jury instructions (original or revised), presence of a list of case-specific mitigators, defendant history of emotional abuse, bad prior record, and heinousness of the crime. The sample of 735 jury-eligible participants included 130 individuals who identified themselves as students. Participants watched one of 32 stimulus videotapes based on a replication of a capital sentencing hearing. The present findings support previous research showing low comprehension of capital penalty instructions. Further, we found that higher instruction comprehension was associated with higher likelihood of issuing life sentence decisions. The importance of instruction comprehension is emphasized in a social cognitive model of jury decision making at the sentencing phase of capital cases. PMID:24072981

  19. Reducing racial bias in the penalty phase of capital trials.

    PubMed

    Shaked-Schroer, Netta; Costanzo, Mark; Marcus-Newhall, Amy

    2008-01-01

    Past research (e.g. Lynch & Haney, 2000) has shown that race plays a significant role in juror decision making in the penalty phase of capital murder trials. This study investigates the possibility of reducing juror bias towards Blacks by altering the content of jury instructions. White and non-White participants received trial information and jury instructions in which the defendant's race (Black or White) and the instruction type (standard or simplified) were manipulated. Participants rendered a sentence recommendation, identified factors they considered to be aggravating or mitigating, and responded to instruction comprehension questions. Bias against the Black defendant was significantly reduced when simplified instructions were used and when the defendant was judged by racially diverse jurors. Simplification also led to better comprehension of sentencing instructions. Implications for capital trials are discussed.

  20. I like me if you like me: on the interpersonal modulation and regulation of preadolescents' state self-esteem.

    PubMed

    Thomaes, Sander; Reijntjes, Albert; Orobio de Castro, Bram; Bushman, Brad J; Poorthuis, Astrid; Telch, Michael J

    2010-01-01

    This experiment tested whether peer approval and disapproval experiences can cause immediate change in children's state self-esteem. Children's narcissistic traits and evaluator perceived popularity were examined as potential moderators. A total of 333 preadolescents (M = 10.8 years) completed personal profiles on the Internet that were ostensibly judged by a jury consisting of popular and unpopular peers. Participants randomly received negative, neutral, or positive feedback from the jury. Next, they could examine the feedback that each individual judge gave them. As expected, peer disapproval decreased self-esteem, especially in children high in narcissism. In contrast, peer approval increased self-esteem. Moreover, disapproved children's self-esteem recovery was dependent on the extent to which they subsequently viewed positive feedback from popular judges. These findings support sociometer theory.

  1. A mock juror investigation of blame attribution in the punishment of hate crime perpetrators.

    PubMed

    Cramer, Robert J; Clark, John W; Kehn, Andre; Burks, Alixandra C; Wechsler, Hayley J

    2014-01-01

    We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed. PMID:24666730

  2. "Typical Clinton: brazen it out".

    PubMed

    Upchurch, C M; O'Connell, D C

    2000-07-01

    Ten excerpts of both President Clinton's Grand Jury Testimony of August 17, 1998 and of each of two interviews with Hillary Rodham Clinton (Today Show, January 27, 1998; Good Morning America, January 28, 1998) were analyzed. In all of them, the topic under discussion was the President's insistence on his innocence in the Lewinsky case. Comparisons between the President and First Lady revealed long and short within-speaker pauses, respectively. His replies to questions average more than twice the length of hers. Comparisons were also made with other speech genres, including modern presidential inaugural rhetoric. In particular, President Clinton's statement of his innocence at the conclusion of an educational press conference on January 26, 1998 and his prepared statement at the beginning of his Grand Jury Testimony were found to vary notably from all the other corpora. Both are characterized by several of Ekman's (1985, p. 286) behavioral cues for the detection of deception.

  3. A mock juror investigation of blame attribution in the punishment of hate crime perpetrators.

    PubMed

    Cramer, Robert J; Clark, John W; Kehn, Andre; Burks, Alixandra C; Wechsler, Hayley J

    2014-01-01

    We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.

  4. Separating compensatory and punitive damage award decisions by trial bifurcation.

    PubMed

    Shea Adams, Christine M; Bourgeois, Martin J

    2006-02-01

    In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.

  5. "Typical Clinton: brazen it out".

    PubMed

    Upchurch, C M; O'Connell, D C

    2000-07-01

    Ten excerpts of both President Clinton's Grand Jury Testimony of August 17, 1998 and of each of two interviews with Hillary Rodham Clinton (Today Show, January 27, 1998; Good Morning America, January 28, 1998) were analyzed. In all of them, the topic under discussion was the President's insistence on his innocence in the Lewinsky case. Comparisons between the President and First Lady revealed long and short within-speaker pauses, respectively. His replies to questions average more than twice the length of hers. Comparisons were also made with other speech genres, including modern presidential inaugural rhetoric. In particular, President Clinton's statement of his innocence at the conclusion of an educational press conference on January 26, 1998 and his prepared statement at the beginning of his Grand Jury Testimony were found to vary notably from all the other corpora. Both are characterized by several of Ekman's (1985, p. 286) behavioral cues for the detection of deception. PMID:10953827

  6. Present State Iof Holography In Japan

    NASA Astrophysics Data System (ADS)

    Suzuki, Masane; Hayashi, Yuzo; Yamamoto, Y.

    1983-07-01

    In 1948,Dr. Dennis Gabor introduced the theory of holography as "the optical recording of the object wave formed by the resulting interference pattern of two mutually coherent, component light beams." Through the studies of enumerous practical applications, the theory of holography was further advanced to be used in conjunction with the laser beam to better serve a more practical minded industry. Such developments were introduced and engineered by Dr. Emmett Leith and Dr. Juris Upatnieks in 1962.

  7. Physicist falls foul of US export law

    NASA Astrophysics Data System (ADS)

    Gwynne, Peter

    2008-10-01

    A retired US plasma physicist is seeking to overturn his conviction last month of offences under the American Arms Export Control Act, which prohibits the export, without a government licence, of technology and data to foreign nationals or nations. A jury in Knoxville, Tennessee, found JReece Roth, 70, guilty of illegally exporting technical information about a military project to develop plasma technology for guiding spyplanes that operate as weapons or surveillance devices.

  8. A quick screening test of competency to stand trial for defendants with mental retardation.

    PubMed

    Smith, S A; Hudson, R L

    1995-02-01

    19 terms and concepts from evaluations of competency to stand trial of 55 defendants with mental retardation were rated to examine whether a quick screening test could be devised that would differentiate those who were judged competent or not competent. A multiple regression and discriminant analysis gave four items that yielded maximum predictability (R = .84): court strategy, plead, testify, and jury. Guilty, trial, and prosecutor were also significantly more difficult for those who were not competent than those who were.

  9. Guilty but mentally ill: the South Carolina experience.

    PubMed

    Morgan, D W; McCullough, T M; Jenkins, P L; White, W M

    1988-01-01

    Thirty of the first 45 individuals to receive guilty but mentally ill (GBMI) verdicts in South Carolina were interviewed using a structured interview schedule for diagnosis. The relationship of diagnosis to pretrial evaluation and posttrial conviction treatment are discussed. No person received GBMI in a jury trial. Suggestions to improve the operation of the GBMI verdict are made, as well as a brief review of these data with data from other states.

  10. Law Schools Customize Degrees to Students' Taste

    ERIC Educational Resources Information Center

    Schmidt, Peter

    2009-01-01

    Going to law school to get a law degree has become a little like going to an ice-cream parlor for a scoop of vanilla. Plenty of people still do it, but many schools' brochures--like the elaborate flavor-and-topping menus on ice-cream parlor walls--now tempt them with something different, something more. Law students can have their "juris doctor"…

  11. A federalist strategy for nuclear waste management.

    PubMed

    Lee, K N

    1980-05-16

    The federal government plans to rely on a policy of "consultation and concurrence" with state governments in developing nuclear waste repositories. The weaknesses of the concurrence approach are analyzed, and an alternative institutional framework for locating a waste repository is proposed: a siting jury that provides representation for state and local interests, while maintaining a high level of technical review. The proposal could be tested in the siting of away-from-reactor storage facilities for spent nuclear fuel.

  12. [Beauty judgment: review of the literature].

    PubMed

    Faure, Jacques; Bolender, Yves

    2014-03-01

    Esthetic judgments are surely subjective, but as surely, that does not preclude them being studied objectively through rigorous scientific methods. The factual basis of a science of esthetics is not to settle whether some person or image is "objectively beautiful" but rather to determine whether some representative set or sets of individuals judge or experience him/her/it as beautiful or unattractive. The aim of this paper is to review the definitional, theoretical and methodological aspects pertaining to the perception of facial/dental attractiveness by a group of representative individuals. The first part lays down the basic principles of the perception of facial/dental attractiveness: the perception involves a jury, a field of investigation and a test providing quantitative data; the following general determinants of beauty perception are reviewed: the average morphology, the judge's cultural background, the numerology, the judge's ethnical origin. Indirect determinants are the dentition, the osseous architecture and the muscular envelope. Some disruptive factors might alter the judges' facial perception. They might be qualified as either peripheral to the face or psycho-social factors. Peripheral factors include hair style and color, skin hue, wrinkles, lips color... Psycho-social factors cover the personality of the subject being evaluated, his/her intelligence or behavior. The second part deals specifically with the methodology used to determine facial attractiveness and to correlate this latter with a specific morphology. Typically such a study aims to determine average esthetic preferences for some set of visual displays among a particular jury, given a specific task to judge esthetic quality or qualities. The sample being studied, the displays, the jury or jurys, the rating procedure must all be specified prior to collecting data. A specific emphasis will be given to the rating process and the associated morphometrics, the ultimate goal being to

  13. Using a Mock Trial Method to Enhance Effectiveness of Teaching Evidence-Based Practice in Nursing.

    PubMed

    White, Cindy T

    2015-01-01

    Traditional teaching methodologies may deter adult learning because of passive the exchange of knowledge. Teaching to the "evidence" substantiating best practice requires a systematic approach to transfer knowledge into clinical inquiry. A mock trial simulated role-play activity was selected to show the value of learning through active engagement. The nurse "defendant" was challenged to substantiate practice based on the evidence. Seminar participants (the jury) scrutinized testimony through deliberation before delivering the final verdict. PMID:26580469

  14. Ten-year review of hypospadias surgery from a single centre.

    PubMed

    Obaidullah; Aslam, Mohammed

    2005-09-01

    Hypospadias is more common than cleft lip and palate. However, in comparison to the latter, few units have dedicated any team to its correction. Hence, urologists, paediatric surgeons, plastic surgeons, general surgeons and paediatric urologists keep trying various methods of correcting this deformity. That more than 350 procedures have been described for the correction of one anomaly speaks volumes of dissatisfaction with the results. We describe our humble experience with this anomaly over a period of 10 years during which time we were able to treat 1415 cases. However, this paper only describes results of 1206 patients. We use universally only one technique for hypospadias repair and perform this in two stages. This technique has been described by many but lately popularized by Aivar Bracka from UK. Our overall fistula rate has been 3.8% though most of the fistulae occurred in the earlier period. Other complications included repeated UTI (3%) and hair growth in the urethra (0.2%).

  15. Metrical expectations from preceding prosody influence perception of lexical stress.

    PubMed

    Brown, Meredith; Salverda, Anne Pier; Dilley, Laura C; Tanenhaus, Michael K

    2015-04-01

    Two visual-world experiments tested the hypothesis that expectations based on preceding prosody influence the perception of suprasegmental cues to lexical stress. The results demonstrate that listeners' consideration of competing alternatives with different stress patterns (e.g., 'jury/gi'raffe) can be influenced by the fundamental frequency and syllable timing patterns across material preceding a target word. When preceding stressed syllables distal to the target word shared pitch and timing characteristics with the first syllable of the target word, pictures of alternatives with primary lexical stress on the first syllable (e.g., jury) initially attracted more looks than alternatives with unstressed initial syllables (e.g., giraffe). This effect was modulated when preceding unstressed syllables had pitch and timing characteristics similar to the initial syllable of the target word, with more looks to alternatives with unstressed initial syllables (e.g., giraffe) than to those with stressed initial syllables (e.g., jury). These findings suggest that expectations about the acoustic realization of upcoming speech include information about metrical organization and lexical stress and that these expectations constrain the initial interpretation of suprasegmental stress cues. These distal prosody effects implicate online probabilistic inferences about the sources of acoustic-phonetic variation during spoken-word recognition.

  16. Thin slice expert testimony and mock trial deliberations.

    PubMed

    Parrott, Caroline Titcomb; Brodsky, Stanley L; Wilson, Jennifer Kelly

    2015-01-01

    This study examined impressions of expert witness testimony in a not guilty by reason of insanity defense on two outcomes: witness's credibility and verdict. Borrowing in part from the "thin slice" methodology, we assessed outcomes in a 2 (deliberating vs. non-deliberating jurors) × 3 (length of videotaped testimony) between-subjects design. In 30 mock juries, 188 participants viewed the testimony by a forensic psychologist; then half of the juries deliberated. Thinner slices of the testimony were defined by the lower (30s long) and upper (5 min long) temporal bounds in the literature. The third, fuller testimony condition was 10 min long and served as the accuracy marker for the shorter sliced exposures. We aimed to explore potential consequences to jurors relying on impressions of the expert, and his or her opinion, and to test that effect post deliberation. Accounting for deliberation, brief impressions of expert credibility generally exerted a similar influence on credibility to fuller considerations. The essential finding was that a two-way interaction emerged from time slice and deliberation on verdict for jurors in the 30s condition. Overall, predictive accuracy was found in the 5 min slice, yet accuracy was not supported in the predictions based on the shortest slice. Individually-formed impressions are not likely to translate to the verdict ballot post-deliberation. Instead, brief impressions are likely to be heavily influenced by deliberation. Implications for understanding how impression-based testimony evaluations translate from the jury box to the deliberation room are discussed.

  17. "So, what is a psychopath?" Venireperson perceptions, beliefs, and attitudes about psychopathic personality.

    PubMed

    Smith, Shannon Toney; Edens, John F; Clark, John; Rulseh, Allison

    2014-10-01

    This study surveyed over 400 individuals attending jury duty regarding various perceptions, attitudes, and beliefs they had concerning psychopathic personality (psychopathy). The protocol included (a) prototype ratings of what participants considered to be core features, using the Comprehensive Assessment of Psychopathic Personality (CAPP) prototype rating scale; (b) questions concerning knowledge and beliefs about psychopathy (e.g., prevalence in society); and (c) attitudinal scales concerning potential associated features (e.g., criminality, rehabilitation potential), etiological underpinnings, and moral judgments and legal sanctions. Consistent with results of earlier studies using expert raters, jury panel members rated most of the 33 individual CAPP items and all 6 CAPP scales as at least moderately prototypical, with Self and Dominance domains obtaining the highest mean ratings. Many participants also strongly endorsed symptoms of psychosis (e.g., delusions) as prototypical of psychopathy. Despite this, they viewed psychopaths as responsible for their own actions, as capable of determining right from wrong, and as generally not "insane." Our findings indicate that jury panel members view the prototypical psychopath as highly dominant, self-focused, and lacking in remorse and empathy and reinforce the need for expert witnesses to clearly differentiate between psychopathy and psychotic-spectrum disorders. PMID:24933174

  18. One angry woman: Anger expression increases influence for men, but decreases influence for women, during group deliberation.

    PubMed

    Salerno, Jessica M; Peter-Hagene, Liana C

    2015-12-01

    We investigated whether expressing anger increases social influence for men, but diminishes social influence for women, during group deliberation. In a deception paradigm, participants believed they were engaged in a computer-mediated mock jury deliberation about a murder case. In actuality, the interaction was scripted. The script included 5 other mock jurors who provided verdicts and comments in support of the verdicts; 4 agreed with the participant and 1 was a "holdout" dissenter. Holdouts expressed their opinions with no emotion, anger, or fear and had either male or female names. Holdouts exerted no influence on participants' opinions when they expressed no emotion or fear. Participants' confidence in their own verdict dropped significantly, however, after male holdouts expressed anger. Yet, anger expression undermined female holdouts: Participants became significantly more confident in their original verdicts after female holdouts expressed anger-even though they were expressing the exact same opinion and emotion as the male holdouts. Mediation analyses revealed that participants drew different inferences from male versus female anger, which created a gender gap in influence during group deliberation. The current study has implications for group decisions in general, and jury deliberations in particular, by suggesting that expressing anger might lead men to gain influence, but women to lose influence over others (even when making identical arguments). These diverging consequences might result in women potentially having less influence on societally important decisions than men, such as jury verdicts.

  19. Metrical expectations from preceding prosody influence perception of lexical stress.

    PubMed

    Brown, Meredith; Salverda, Anne Pier; Dilley, Laura C; Tanenhaus, Michael K

    2015-04-01

    Two visual-world experiments tested the hypothesis that expectations based on preceding prosody influence the perception of suprasegmental cues to lexical stress. The results demonstrate that listeners' consideration of competing alternatives with different stress patterns (e.g., 'jury/gi'raffe) can be influenced by the fundamental frequency and syllable timing patterns across material preceding a target word. When preceding stressed syllables distal to the target word shared pitch and timing characteristics with the first syllable of the target word, pictures of alternatives with primary lexical stress on the first syllable (e.g., jury) initially attracted more looks than alternatives with unstressed initial syllables (e.g., giraffe). This effect was modulated when preceding unstressed syllables had pitch and timing characteristics similar to the initial syllable of the target word, with more looks to alternatives with unstressed initial syllables (e.g., giraffe) than to those with stressed initial syllables (e.g., jury). These findings suggest that expectations about the acoustic realization of upcoming speech include information about metrical organization and lexical stress and that these expectations constrain the initial interpretation of suprasegmental stress cues. These distal prosody effects implicate online probabilistic inferences about the sources of acoustic-phonetic variation during spoken-word recognition. PMID:25621583

  20. [Preliminary study of acoustic and aerodynamic parameters after Tucker frontal anterior laryngectomy].

    PubMed

    Giovanni, A; Robert, D; Teston, B; Guarella, M D; Zanaret, M

    1996-01-01

    Currently, not objective method has been demonstrated to be reliable for the evaluation of vocal handicap after partial laryngectomy. Such a tool would allow objective assessment of the post-operative voice and its clinical course as well as a comparison of different surgical techniques in terms of voice quality. We used a EVA device to measure simultaneously acoustic and aerodynamic parameters. We included 23 normal subjects and 34 patients who had undergone a Tucker laryngectomy. All subjects were males. At sustained voice production, acoustic measures of vibration stability (jitter, coefficient of variation in the fundamental frequency, shimmer, coefficient of variation in intensity) and air leak from the glottis (buccal air flow over intensity). The quality of voice in operated patients was judged by a jury of listeners who assigned a global score to voice quality. Results were analyzed to verify the correlation between objective measurements and the jury's score, taken as the reference measurement. The pertinence of the objective measurements was demonstrated for the stability of the frequency and the glottal air leak. Multiple regression analysis demonstrated that total variance of the objective measurements accounted for 84.7% of the scores provided by the jury (R2 = 0.847, p < 0.0001). These satisfactory results emphasize the interest of multiparametric analysis including aerodynamic measurements. These preliminary results led to the hypothesis that objective and subjective measurements could be useful in techniques aimed at improving voice quality (temporal organization of vibratory instability, work on intralaryngeal pressures).

  1. Innocent until Primed: Mock Jurors' Racially Biased Response to the Presumption of Innocence

    PubMed Central

    Young, Danielle M.; Levinson, Justin D.; Sinnett, Scott

    2014-01-01

    Background Research has shown that crime concepts can activate attentional bias to Black faces. This study investigates the possibility that some legal concepts hold similar implicit racial cues. Presumption of innocence instructions, a core legal principle specifically designed to eliminate bias, may instead serve as an implicit racial cue resulting in attentional bias. Methodology/Principal findings The experiment was conducted in a courtroom with participants seated in the jury box. Participants first watched a video of a federal judge reading jury instructions that contained presumption of innocence instructions, or matched length alternative instructions. Immediately following this video a dot-probe task was administered to assess the priming effect of the jury instructions. Presumption of innocence instructions, but not the alternative instructions, led to significantly faster response times to Black faces when compared with White faces. Conclusions/Significance These findings suggest that the core principle designed to ensure fairness in the legal system actually primes attention for Black faces, indicating that this supposedly fundamental protection could trigger racial stereotypes. PMID:24643050

  2. Metrical expectations from preceding prosody influence perception of lexical stress

    PubMed Central

    Brown, Meredith; Salverda, Anne Pier; Dilley, Laura C.; Tanenhaus, Michael K.

    2015-01-01

    Two visual-world experiments tested the hypothesis that expectations based on preceding prosody influence the perception of suprasegmental cues to lexical stress. The results demonstrate that listeners’ consideration of competing alternatives with different stress patterns (e.g., ‘jury/gi’raffe) can be influenced by the fundamental frequency and syllable timing patterns across material preceding a target word. When preceding stressed syllables distal to the target word shared pitch and timing characteristics with the first syllable of the target word, pictures of alternatives with primary lexical stress on the first syllable (e.g., jury) initially attracted more looks than alternatives with unstressed initial syllables (e.g., giraffe). This effect was modulated when preceding unstressed syllables had pitch and timing characteristics similar to the initial syllable of the target word, with more looks to alternatives with unstressed initial syllables (e.g., giraffe) than to those with stressed initial syllables (e.g., jury). These findings suggest that expectations about the acoustic realization of upcoming speech include information about metrical organization and lexical stress, and that these expectations constrain the initial interpretation of suprasegmental stress cues. These distal prosody effects implicate on-line probabilistic inferences about the sources of acoustic-phonetic variation during spoken-word recognition. PMID:25621583

  3. An evaluation of computer aided design of below-knee prosthetic sockets.

    PubMed

    Topper, A K; Fernie, G R

    1990-12-01

    Forty-eight below-knee amputees compared sockets designed using CANFIT computer aided design (CAD) software with sockets designed using conventional methods. Each subject was fitted by one prosthetist who used conventional techniques and one who used the CANFIT system to design the socket. Prosthetists alternated design methods for each new subject. The prosthetist using the conventional techniques was allowed up to 2 design attempts and the prosthetist using the CANFIT system was allowed up to 5 design attempts. After 2 design attempts with each method 21% of the subjects preferred the CANFIT design socket. Following up to 5 attempts 54% preferred the CANFIT designed socket. A jury of experts made an assessment of the CANFIT system and of CAD in prosthetics. The jury did not think that the version of the system tested was cost effective but that at the rate that it was improving it would become such within 3 to 5 years. The jury noted that, as well as monetary benefits, CAD presents the possibility of benefits in other areas such as research and teaching. A number of specific suggestions regarding the use and development of CAD in prosthetics were also made.

  4. Intelligent Systems Approaches to Product Sound Quality Analysis

    NASA Astrophysics Data System (ADS)

    Pietila, Glenn M.

    As a product market becomes more competitive, consumers become more discriminating in the way in which they differentiate between engineered products. The consumer often makes a purchasing decision based on the sound emitted from the product during operation by using the sound to judge quality or annoyance. Therefore, in recent years, many sound quality analysis tools have been developed to evaluate the consumer preference as it relates to a product sound and to quantify this preference based on objective measurements. This understanding can be used to direct a product design process in order to help differentiate the product from competitive products or to establish an impression on consumers regarding a product's quality or robustness. The sound quality process is typically a statistical tool that is used to model subjective preference, or merit score, based on objective measurements, or metrics. In this way, new product developments can be evaluated in an objective manner without the laborious process of gathering a sample population of consumers for subjective studies each time. The most common model used today is the Multiple Linear Regression (MLR), although recently non-linear Artificial Neural Network (ANN) approaches are gaining popularity. This dissertation will review publicly available published literature and present additional intelligent systems approaches that can be used to improve on the current sound quality process. The focus of this work is to address shortcomings in the current paired comparison approach to sound quality analysis. This research will propose a framework for an adaptive jury analysis approach as an alternative to the current Bradley-Terry model. The adaptive jury framework uses statistical hypothesis testing to focus on sound pairings that are most interesting and is expected to address some of the restrictions required by the Bradley-Terry model. It will also provide a more amicable framework for an intelligent systems approach

  5. IUD litigation: the Planned Parenthood experience.

    PubMed

    York, S S

    1989-01-01

    This review of the IUD litigation experience of Planned Parenthood in the U.S. from 1977-1988 involved 18 injuries allegedly caused by the plaintiff's use of an IUD. These 18 IUD cases represent 9.8% of the total malpractice lawsuits involving Planned Parenthood in the period. 7 were dismissed, 8 were settled, 1 was decided in favor of the defense, and 2 were decided in favor of the plaintiff. While the disposition of these cases is similar to the overall malpractice experience nationally, it is unusual in that twice as many verdicts were for the plaintiff. It is likely that the public perception that IUDs are dangerous made it difficult to select an impartial jury. Pelvic inflammatory disease (PID) was the most common alleged injury, 15 of 18. Even though the scientific evidence predicts otherwise, 15 of the 16 cases of PID occurred over 4 months after insertion. 8 of 15 cases involves Copper-7 IUDs, 4 Dalkon shields, 1 a Progestasert, and 2 Saf-T-Coils. The other 2 cases were 1 uterine perforation and 1 pregnancy. Of the 8 cases that were settles, the mean payment was $20,912, and the median $10,000. These payments are about 25% higher than average non-IUD cases. Payments by insurance companies averaged $21,644 in the late 1970s for IUD claims. In jury cases involving IUDs and Planned Parenthood, the average jury award was $50,000. It is recommended that providers take care especially to comply fully with an IUD manufacturer's protocol, and obtain full and complete informed consent with documentary proof to decrease the possibility of an adverse outcome in potential litigation.

  6. Sound quality of low-frequency and car engine noises after active noise control

    NASA Astrophysics Data System (ADS)

    Gonzalez, A.; Ferrer, M.; de Diego, M.; Piñero, G.; Garcia-Bonito, J. J.

    2003-08-01

    The ability of active noise control (ANC) systems to achieve a more pleasant sound has been evaluated by means of sound quality analysis of a real multi-channel active noise controller. Recordings of real car engine noises had been carried out using a Head acoustics TM binaural head simulator seated in a typical car seat, and these signals together with synthesized noise have been actively controlled in an enclosed room. The sound quality study has focused on the estimation of noise quality changes through the evaluation of the sense of comfort. Two methods have been developed: firstly, a predictive method based on psychoacoustic parameters (loudness, roughness, tonality and sharpness); and secondly, a subjective method using a jury test. Both results have been related to the spectral characteristics of the sounds before and after active control. It can be concluded from both analyses that ANC positively affects acoustic comfort. The engine noise mathematical comfort predictor is based on loudness and roughness (two psychoacoustic parameters directly influenced by ANC), and has satisfactorily predicted the improvements in the pleasantness of the sounds. As far as the subjective evaluation method is concerned, the jury test has showed that acoustic comfort is, in most cases, directly related to the sense of quietness. However, ANC has also been assessed negatively by the jury in the cases that it was unable to reduce the loudness, perhaps because of the low amplitudes of the original sounds. Finally, from what has been shown, it can be said that the subjective improvements strongly depends on the attenuation level achieved by the ANC system operation, as well as the spectral characteristics of the sounds before and after control.

  7. Thin slice expert testimony and mock trial deliberations.

    PubMed

    Parrott, Caroline Titcomb; Brodsky, Stanley L; Wilson, Jennifer Kelly

    2015-01-01

    This study examined impressions of expert witness testimony in a not guilty by reason of insanity defense on two outcomes: witness's credibility and verdict. Borrowing in part from the "thin slice" methodology, we assessed outcomes in a 2 (deliberating vs. non-deliberating jurors) × 3 (length of videotaped testimony) between-subjects design. In 30 mock juries, 188 participants viewed the testimony by a forensic psychologist; then half of the juries deliberated. Thinner slices of the testimony were defined by the lower (30s long) and upper (5 min long) temporal bounds in the literature. The third, fuller testimony condition was 10 min long and served as the accuracy marker for the shorter sliced exposures. We aimed to explore potential consequences to jurors relying on impressions of the expert, and his or her opinion, and to test that effect post deliberation. Accounting for deliberation, brief impressions of expert credibility generally exerted a similar influence on credibility to fuller considerations. The essential finding was that a two-way interaction emerged from time slice and deliberation on verdict for jurors in the 30s condition. Overall, predictive accuracy was found in the 5 min slice, yet accuracy was not supported in the predictions based on the shortest slice. Individually-formed impressions are not likely to translate to the verdict ballot post-deliberation. Instead, brief impressions are likely to be heavily influenced by deliberation. Implications for understanding how impression-based testimony evaluations translate from the jury box to the deliberation room are discussed. PMID:26346686

  8. Methodological variables in Web-based research that may affect results: sample type, monetary incentives, and personal information.

    PubMed

    O'Neil, K M; Penrod, S D

    2001-05-01

    There are many methodological differences between Web-based studies, differences that could substantially affect the results. The present study investigated whether sample type, offering payment through a lottery, and requiring participants to enter personal information would affect dropout rates and/or the substantive results in a study of jury decision making in capital cases. Asking participants to enter their e-mail addresses increased dropout rates, and offering payment through a lottery tended to do so as well. Participants offered payment tended to be less likely to give death sentences, and sample type moderated the influence of attitudes toward the death penalty on verdicts.

  9. The Welfare Effects of Medical Malpractice Liability

    PubMed Central

    Lakdawalla, Darius N.; Seabury, Seth A.

    2013-01-01

    We use variation in the generosity of local juries to identify the causal impact of medical malpractice liability on social welfare. Growth in malpractice payments contributed at most 5 percentage points to the 33% total real growth in medical expenditures from 1990-2003. On the other hand, malpractice leads to modest mortality reductions; the value of these more than likely exceeds the costs of malpractice liability. Therefore, reducing malpractice liability is unlikely to have a major impact on health care spending, and unlikely to be cost-effective over conventionally accepted values of a statistical life. PMID:23526860

  10. An Examination of the Causes and Solutions to Eyewitness Error

    PubMed Central

    Wise, Richard A.; Sartori, Giuseppe; Magnussen, Svein; Safer, Martin A.

    2014-01-01

    Eyewitness error is one of the leading causes of wrongful convictions. In fact, the American Psychological Association estimates that one in three eyewitnesses make an erroneous identification. In this review, we look briefly at some of the causes of eyewitness error. We examine what jurors, judges, attorneys, law officers, and experts from various countries know about eyewitness testimony and memory, and if they have the requisite knowledge and skills to accurately assess eyewitness testimony. We evaluate whether legal safeguards such as voir dire, motion-to-suppress an identification, cross-examination, jury instructions, and eyewitness expert testimony are effective in identifying eyewitness errors. Lastly, we discuss solutions to eyewitness error. PMID:25165459

  11. An examination of the causes and solutions to eyewitness error.

    PubMed

    Wise, Richard A; Sartori, Giuseppe; Magnussen, Svein; Safer, Martin A

    2014-01-01

    Eyewitness error is one of the leading causes of wrongful convictions. In fact, the American Psychological Association estimates that one in three eyewitnesses make an erroneous identification. In this review, we look briefly at some of the causes of eyewitness error. We examine what jurors, judges, attorneys, law officers, and experts from various countries know about eyewitness testimony and memory, and if they have the requisite knowledge and skills to accurately assess eyewitness testimony. We evaluate whether legal safeguards such as voir dire, motion-to-suppress an identification, cross-examination, jury instructions, and eyewitness expert testimony are effective in identifying eyewitness errors. Lastly, we discuss solutions to eyewitness error. PMID:25165459

  12. The Technologist As An Expert Witness

    NASA Astrophysics Data System (ADS)

    Morrill, R. E. K.; Hall, Morse

    1985-03-01

    Decisions in our legal system are made by laymen. Even the most technical and complex cases are heard and decided by a judge or jury who may very well have no expertise on the questions which confront them. As a result, our legal system permits experts to explain complex phenomena to the fact finder and even to express his opinion on the issue which the fact finder ultimately has to decide. For example, an expert may explain not only how an airplane accident occurred, but also may testify that someone was at fault.

  13. Memory and law: what can cognitive neuroscience contribute?

    PubMed

    Schacter, Daniel L; Loftus, Elizabeth F

    2013-02-01

    A recent decision in the United States by the New Jersey Supreme Court has led to improved jury instructions that incorporate psychological research showing that memory does not operate like a video recording. Here we consider how cognitive neuroscience could contribute to addressing memory in the courtroom. We discuss conditions in which neuroimaging can distinguish true and false memories in the laboratory and note reasons to be skeptical about its use in courtroom cases. We also discuss neuroscience research concerning false and imagined memories, misinformation effects and reconsolidation phenomena that may enhance understanding of why memory does not operate like a video recording.

  14. Prohibiting psychiatric diagnosis in insanity trials. With special reference to John W. Hinckley, Jr.

    PubMed

    Miller, G H

    1986-05-01

    Over 12 different diagnoses were offered in expert testimony during the Hinckley insanity trial. This multitude of diagnoses, many of them overlapping, served to focus attention on the labels themselves rather than on the psychological processes of the defendant. As a result, differences in opinion among the experts were exaggerated; more important, the testimony confused the jury. I believe that stating--or even explaining--a diagnosis is not only unnecessary but also misleading in courtroom testimony. In an application of Roy Schafer's "action language" approach (1976; Miller 1979, 1983) and consistent with the law, I recommend that diagnoses be excluded from insanity trials.

  15. Anomalies of Section 2 of the Homicide Act 1957.

    PubMed

    Kenny, A

    1986-03-01

    Section 2 of the 1957 Homicide Act is indefensible: the concept of 'mental responsibility' is a hybrid which turns the psychiatrist witness either into a thirteenth juryman or a spare barrister. But reform does not lie along the lines suggested by the Butler Committee or the Criminal Law Revision Committee. The latter leaves the jury with insufficient guidance; the former returns to the bad eighteenth century policy of treating mental illness not as a factor in determining responsibility but as a status exempting from responsibility. The much criticised McNaughton rules provide a sounder basis for deciding where responsibility should be assigned in criminal cases.

  16. Reducing murder to manslaughter: whose job?

    PubMed

    Griew, E

    1986-03-01

    This paper compares two versions of the diminished responsibility defence, which reduces murder to manslaughter: the present statutory formulation and a proposed reformulation. The comparison confirms that evidence such as psychiatrists are commonly invited to give in murder cases takes them beyond their proper role. Paradoxically, although the two formulations mean essentially the same thing, the proposed change of wording must have the practical effect of subduing the psychiatrist's evidence. This conclusion leads to speculation about why psychiatrists are at present allowed so large a function in diminished responsibility cases and to some general observations about the role of the expert in relation to those of judge and jury.

  17. The use and reliability of psychiatric diagnosis in forensic settings.

    PubMed

    Reid, W H; Wise, M; Sutton, B

    1992-09-01

    The clinical professional encounters conflict whenever he or she enters the courtroom. The psychiatrist's approach must not be simply diagnostic or simply legal. We cannot shed our clinical identity; indeed, the court depends on our clinical identity and expertise in its search for the truth. The psychiatric expert must be able to translate his or her findings for the court, but these findings must come from clinical experience, not some solely legal perspective. The legal system needs our knowledge about the interfaces of mental illness, function, and behavior. After we provide our opinions, however, the legal issues must be left to the lawyers and the final determinations left to the judge or jury.

  18. Depression, homicide and diminished responsibility: new Scottish directions.

    PubMed

    Collins, Philip; White, Thomas

    2003-07-01

    In a recent Scottish Appeal Court opinion (Kim Louise Scarsbrook or Galbraith v. Her Majesty's Advocate, 2001) it was successfully argued by the appellant that her conviction of murder was unsound inter-alia on the basis of overly restrictive pre-existing definitions of diminished responsibility in Scottish law resulting in unduly narrow directions being given by the trial judge to the jury in her case. We felt it timely to present a revised overview of the defence of diminished responsibility in Scotland and to consider the issues surrounding its applicability in cases of clinical depression. The psychiatric literature regarding depression and homicide is reviewed.

  19. The insanity plea in early nineteenth century America.

    PubMed

    Spiegel, A D; Spiegel, M B

    1998-06-01

    In 1846, former New York State Governor William H. Seward defended two murderers using the insanity plea in both cases. Seward contended that the accused became insane due to brutal beatings administered while they were in the Auburn penitentiary. In the William Freeman trial, nine physicians testified that the murderer was insane while eight said he was sane. Juries convicted both prisoners; one was hanged and the other died in prison awaiting a new trial. Seward's legal defense attracted much attention to the jurisprudence of insanity and to insanity in general.

  20. Induction therapy for lung cancer: sailing across the pillars of Hercules.

    PubMed

    Rocco, Gaetano; Morabito, Alessandro; Muto, Paolo

    2012-02-01

    In spite of numerous clinical trials, the jury is still out on the value of induction therapy for locally advanced lung cancer. We elected to address this topic from the multifaceted views of the clinicians often involved in lung cancer management and according the most recent views on locally advanced NSCLC. The concept of a prognostic stratification of N2 disease subsets, especially single vs multiple zone, has been introduced and this may lead to a new interpretation of locally advanced NSCLC. Ten crucial issues were identified that may have an impact on the approach to patients with locally advanced lung cancer in everyday practice.

  1. The consolidation of plaintiffs: the effects of number of plaintiffs on jurors' liability decisions, damage awards, and cognitive processing of evidence.

    PubMed

    Horowitz, I A; Bordens, K S

    2000-12-01

    In this study, 135 jury-eligible adults were randomly assigned to 1 of 5 aggregations of plaintiffs involving 1, 2, 4, 6, and 10 claimants. Jurors were shown a 5- to 6-hr trial involving claims of differential repetitive stress injuries by each plaintiff. Measures concerning liability, damages, and various cognitive and attributional factors were collected. The defendant was more likely to be judged as liable as the number of plaintiffs increased. Awards reached a zenith at 4 plaintiffs and then began to decrease. Increases in the number of plaintiffs who were aggregated degraded information processing. Limits of juror competence in complex trials and juror aids were discussed.

  2. HIV charge dropped.

    PubMed

    1997-07-25

    Guilford County Superior Court Judge James Webb ruled there was not enough evidence to convict HIV-positive [name removed] on charges of attempted murder and assault with a deadly weapon in connection with the rape of a 12-year-old girl. Prosecutors argued [name removed] knew he was HIV-positive when the rape occurred and defense attorney Randy Jones argued that there was no medical proof of [name removed]'s HIV status at the time of the attack. The judge dismissed the two charges against [name removed]. A jury later convicted [name removed] of statutory rape and taking indecent liberties with a minor. PMID:11364510

  3. Perceptions of interpersonal versus intergroup violence: the case of sexual assault.

    PubMed

    Droogendyk, Lisa; Wright, Stephen C

    2014-01-01

    The social identity approach makes a distinction between behavior motivated by intergroup versus interpersonal identities, which may be relevant to victim blaming in the case of rape. Using a mock jury paradigm, we examined the impact of defining rape as an act of interpersonal violence (personal assault) versus intergroup violence (a "hate crime"), crossed with a manipulation describing the attacker as either an acquaintance or stranger. Defining rape in intergroup terms led to less victim blame than when it was defined in interpersonal terms, and participants blamed the victim more when she was assaulted by an acquaintance than a stranger.

  4. [The Friday lections of J.M. Charcot].

    PubMed

    Battista, Liborio di

    2004-01-01

    Studies of the life and work of Jean Martin Charcot (1825-1893) carried out over the last fifteen years all see in him one of the figures mainly responsible for the constitution of clinical neurology as a specific area of research, in particular in French-speaking areas. The aim of this study is to analyse, by the use of computational linguistic technique, the language of his lessons to demonstrate a rhetoric use of verbs to obtain the verdict from the jury of disciplines: the disease's name.

  5. Algebraic criteria for positive realness relative to the unit circle.

    NASA Technical Reports Server (NTRS)

    Siljak, D. D.

    1973-01-01

    A definition is presented of the circle positive realness of real rational functions relative to the unit circle in the complex variable plane. The problem of testing this kind of positive reality is reduced to the algebraic problem of determining the distribution of zeros of a real polynomial with respect to and on the unit circle. Such reformulation of the problem avoids the search for explicit information about imaginary poles of rational functions. The stated algebraic problem is solved by applying the polynomial criteria of Marden (1966) and Jury (1964), and a completely recursive algorithm for circle positive realness is obtained.

  6. The ethics of the Texas death penalty and its impact on a prolonged appeals process.

    PubMed

    Pearlman, T

    1998-01-01

    Society remains sharply divided as to the deterrent value of capital punishment. Following the reintroduction of the death penalty in the United States, Texas law mandates the affirmative predictability of future dangerousness beyond a reasonable doubt before a jury can impose the ultimate penalty for capital murder. The validity of prediction of dangerousness has been challenged in three Texas landmark cases before the U.S. Supreme Court. The case of Karla Faye Tucker highlights the moral controversy that occurs when execution follows an appeals process stretching over more than a decade, during which time personality growth and the effects of prison rehabilitation may have eliminated or curbed criminal tendencies.

  7. "Dr. Death" and the case for an ethical ban on psychiatric and psychological predictions of dangerousness in capital sentencing proceedings.

    PubMed

    Ewing, C P

    1983-01-01

    Psychiatric and psychological predictions of dangerousness are used in a number of American jurisdictions to convince a judge or jury that a convicted murderer should be sentenced to death. Empirical research has demonstrated, however, that psychiatric and psychological predictions of dangerousness generally are inaccurate. This Article describes the current use of such predictions in capital sentencing hearings and examines their status under existing professional codes of ethics. It argues that the rendering of these predictions by psychiatrists and psychologists is contrary to the scientific and healing traditions of their professions and urges psychiatrists and psychologists to adopt an ethical ban on predictions of dangerousness in the capital sentencing context.

  8. Perceptions of Interpersonal Versus Intergroup Violence: The Case of Sexual Assault

    PubMed Central

    Droogendyk, Lisa; Wright, Stephen C.

    2014-01-01

    The social identity approach makes a distinction between behavior motivated by intergroup versus interpersonal identities, which may be relevant to victim blaming in the case of rape. Using a mock jury paradigm, we examined the impact of defining rape as an act of interpersonal violence (personal assault) versus intergroup violence (a “hate crime”), crossed with a manipulation describing the attacker as either an acquaintance or stranger. Defining rape in intergroup terms led to less victim blame than when it was defined in interpersonal terms, and participants blamed the victim more when she was assaulted by an acquaintance than a stranger. PMID:25419567

  9. False confessions, expert testimony, and admissibility.

    PubMed

    Watson, Clarence; Weiss, Kenneth J; Pouncey, Claire

    2010-01-01

    The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area. PMID:20542936

  10. Critical care management of patients following aneurysmal subarachnoid hemorrhage: recommendations from the Neurocritical Care Society's Multidisciplinary Consensus Conference.

    PubMed

    Diringer, Michael N; Bleck, Thomas P; Claude Hemphill, J; Menon, David; Shutter, Lori; Vespa, Paul; Bruder, Nicolas; Connolly, E Sander; Citerio, Giuseppe; Gress, Daryl; Hänggi, Daniel; Hoh, Brian L; Lanzino, Giuseppe; Le Roux, Peter; Rabinstein, Alejandro; Schmutzhard, Erich; Stocchetti, Nino; Suarez, Jose I; Treggiari, Miriam; Tseng, Ming-Yuan; Vergouwen, Mervyn D I; Wolf, Stefan; Zipfel, Gregory

    2011-09-01

    Subarachnoid hemorrhage (SAH) is an acute cerebrovascular event which can have devastating effects on the central nervous system as well as a profound impact on several other organs. SAH patients are routinely admitted to an intensive care unit and are cared for by a multidisciplinary team. A lack of high quality data has led to numerous approaches to management and limited guidance on choosing among them. Existing guidelines emphasize risk factors, prevention, natural history, and prevention of rebleeding, but provide limited discussion of the complex critical care issues involved in the care of SAH patients. The Neurocritical Care Society organized an international, multidisciplinary consensus conference on the critical care management of SAH to address this need. Experts from neurocritical care, neurosurgery, neurology, interventional neuroradiology, and neuroanesthesiology from Europe and North America were recruited based on their publications and expertise. A jury of four experienced neurointensivists was selected for their experience in clinical investigations and development of practice guidelines. Recommendations were developed based on literature review using the GRADE system, discussion integrating the literature with the collective experience of the participants and critical review by an impartial jury. Recommendations were developed using the GRADE system. Emphasis was placed on the principle that recommendations should be based not only on the quality of the data but also tradeoffs and translation into practice. Strong consideration was given to providing guidance and recommendations for all issues faced in the daily management of SAH patients, even in the absence of high quality data. PMID:21773873

  11. The Novel New Jersey Eyewitness Instruction Induces Skepticism but Not Sensitivity

    PubMed Central

    Robertson, Christopher T.

    2015-01-01

    In recent decades, social scientists have shown that the reliability of eyewitness identifications is much worse than laypersons tend to believe. Although courts have only recently begun to react to this evidence, the New Jersey judiciary has reformed its jury instructions to notify jurors about the frailties of human memory, the potential for lineup administrators to nudge witnesses towards suspects that they police have already identified, and the advantages of alternative lineup procedures, including blinding of the administrator. This experiment tested the efficacy of New Jersey’s jury instruction. In a 2×2 between-subjects design, mock jurors (N = 335) watched a 35-minute murder trial, wherein identification quality was either “weak” or “strong” and either the New Jersey or a “standard” instruction was delivered. Jurors were more than twice as likely to convict when the standard instruction was used (OR = 2.55; 95% CI = 1.37–4.89, p < 0.001). The New Jersey instruction, however, did not improve juror's ability to discern quality; rather, jurors receiving those instructions indiscriminatingly discounted “weak” and “strong” testimony in equal measure. PMID:26650237

  12. Expert testimony on eyewitness evidence: in search of common sense.

    PubMed

    Houston, Kate A; Hope, Lorraine; Memon, Amina; Don Read, J

    2013-01-01

    Surveys on knowledge of eyewitness issues typically indicate that legal professionals and jurors alike can be insensitive to factors that are detrimental to eyewitness accuracy. One aim of the current research was to assess the extent to which judges, an under-represented sample in the extant literature, are aware of factors that may undermine the accuracy and reliability of eyewitness evidence (Study 1). We also sought to assess the knowledge of a jury-eligible sample of the general public (drawn from the same population as the judges) and compared responses from a multiple choice survey with a scenario-based, response-generation survey in order to investigate whether questionnaire format alters the accuracy of responses provided (Study 2). Overall, judges demonstrated a reasonable level of knowledge regarding general eyewitness memory issues. Further, the jury-eligible general public respondents completing a multiple choice format survey produced more responses consistent with experts than did participants who were required to generate their own responses. The results are discussed in terms of the future training requirements for legal professionals and the ability of jurors to apply the knowledge they have to the legal context. PMID:24000168

  13. Hotel found liable in firing of HIV-positive bartender.

    PubMed

    1997-03-01

    A Federal jury in the court of U.S. Magistrate Judge Leslie G. Foschio of the Western District of New York found the Buffalo [name removed] liable for more than $630,000 in damages to bartender [name removed], who was fired because of his HIV infection. The [name removed] unsuccessfully argued that [name removed] was terminated because of unfavorable performance reviews. The plaintiffs claimed that the [name removed] issued false citations for infractions of hotel rules and that these citations were only issued after hotel management determined that [name removed] was HIV-positive. Testimony showed that all relevant decision-making personnel at the hotel were aware that [name removed] was HIV-positive. The hotel failed to show that all but the personnel manager had a legitimate need to know about [name removed]'s HIV status. The jury awarded [name removed] $1,439,000 in damages. Foschio lowered the amount to $637,388 in damages and $133,705 in attorneys' fees. PMID:11364135

  14. Don't Ask a Neuroscientist about Phases of the Moon.

    PubMed

    Shats, Katherine; Brindley, Timothy; Giordano, James

    2016-10-01

    Ongoing developments in neuroscientific techniques and technologies-such as neuroimaging-offer potential for greater insight into human behavior and have fostered temptation to use these approaches in legal contexts. Neuroscientists are increasingly called on to provide expert testimony, interpret brain images, and thereby inform judges and juries who are tasked with determining the guilt or innocence of an individual. In this essay, we draw attention to the actual capabilities and limitations of currently available assessment neurotechnologies and examine whether neuroscientific evidence presents unique challenges to existing frameworks of evidence law. In particular, we focus on (1) fundamental questions of relevance and admissibility that can and should be posed before the tests afforded in Daubert v. Merrill Dow Pharmaceuticals or Frye v. U.S. are applied and (2) how these considerations fit into the broader contexts of criminal law. We contend that neuroscientific evidence must first be scrutinized more heavily for its relevance, within Daubert and Federal Rule of Evidence 702, to ensure that the right questions are asked of neuroscientists, so as to enable expert interpretation of neuroscientific evidence within the limits of their knowledge and discipline that allows the judge or jury to determine the facts at issue in the case. We use the analogy provided by the Daubert court of an expert on the phases of the moon testifying to an individual's behavior on a particular night to ensure that we are, in fact, asking the neuroscientific expert the appropriate question.

  15. Sound transmission class (STC) is not a good predictor of performance of insulated wood frame gypsum walls used as interior partitions in most North American homes

    NASA Astrophysics Data System (ADS)

    Godfrey, Richard D.; Alter, Harry; Berdan, Clarke

    2005-09-01

    Home owners say that insulating interior walls improves the acoustic environment. Based on STC alone, no perceptible difference is expected. To define ``improved,'' ethnographic and laboratory studies were conducted. Ethnographic studies in 33 homes, revealed owners want quieter, less reverberant environments, including rooms where added isolation is desired. Families lives are 24/7, leading to frustration that they cannot use their homes without disturbing others. Laboratory jury studies were conducted where 35 listeners rated the relative isolation of insulated and uninsulated walls. Noise sources included broadband and real home noises. Insulated walls were perceived to perform better than uninsulated walls in all cases. Noise control engineers know that STC is only a quick screening tool (actual sound transmission loss should be used to estimate noise reduction between rooms). This is what the jurors appeared to sense. Jury ratings and the midfrequency average SPL correlated reasonably well. The STC is determined by a structural resonance near 125 Hz. Above this band, insulation has a significant impact on transmission loss (perceptible, 6 dB average). A new rating system is needed that quantifies what actual listeners hear in quiet room environments. A model using some form of room criteria is suggested.

  16. Perceptions of credibility of sexual abuse victims across generations.

    PubMed

    Klettke, Bianca; Hallford, David; Mellor, David

    2016-01-01

    The success of prosecutions of perpetrators of sexual abuse often depends substantially upon the perceived credibility of the victim witness. However, perceptions of credibility may vary by generation of the observer, and the constitution of juries may therefore lead to bias. In this study we examined whether perceptions of credibility of female victims of sexual abuse varied across generation Y, generation X, "baby boomers", and "builders". One hundred and twenty-eight jury-eligible members of the community from each generation (N=512) responded to ten questions assessing the perceived believability, competence, trustworthiness, demeanour and sexual naiveté of females providing testimony related to alleged sexual abuse. Although consistent between-generation differences were not found for all questions, or all four groups of generational cohorts, in instances where significant differences were found, it was consistently the older generation groups (builders and baby boomers) that attributed less credibility to the victim than the younger generation groups (generation Y and generation X). The implications of these findings are discussed. PMID:26439120

  17. The emotional child witness: effects on juror decision-making.

    PubMed

    Cooper, Alexia; Quas, Jodi A; Cleveland, Kyndra C

    2014-01-01

    Despite wide variations in child witness behavior while on the stand, little research has focused on how that behavior influences jurors' perceptions of the child's credibility or the case itself. In the current study, the impact of a child's emotional displays on credibility judgments and verdict preferences was examined in jury-eligible college students and jurors released from jury duty. No significant differences emerged in perceptions or verdicts based on whether a child was shown as crying or not while participants read a transcript of the child's testimony. However, participants who rated the child as more emotional (regardless of whether the image showed a crying child) were more likely to render guilty verdicts, were more certain of guilt, and found the child more credible and the defendant less credible than participants who rated the child as less emotional. Also, when the child was perceived as low in emotion, older children were rated as less credible than younger children. The results have implications for understanding how children's emotional displays and jurors' perceptions of children's emotionality influence decisions in sexual abuse cases. PMID:25537438

  18. A propensity score matching analysis of the relationship between victim sex and capital juror decision-making in North Carolina.

    PubMed

    Jennings, Wesley G; Richards, Tara N; Smith, M Dwayne; Bjerregaard, Beth; Fogel, Sondra J

    2015-07-01

    A small body of prior research has examined the impact of victim sex on jury death penalty decision-making and the majority of this research has demonstrated some evidence of a "female victim effect" such that cases involving a female victim are more likely to receive the death penalty than similarly situated cases with a male victim. However, within this line of research studies have suggested that victim sex may work in conjunction with other case characteristics. In order to further explore this phenomenon, the current study examines a near-population of death penalty cases from North Carolina (n=1069) from 1977-2009 using propensity score matching. Results demonstrate that once cases are matched on more than 50 legal and extralegal case characteristics, there is no statistically significant or substantive link between victim sex and death penalty decision-making. Findings suggest that it is concrete differences in the legal and extralegal factors observed in cases with female victims compared to male victims that shape jury death sentence decisions rather than a direct effect of victim sex (before matching: OR=1.53; 95% CI=1.20-1.95; p<.001/after matching: OR=0.90; 95% CI=0.66-1.24; p=.52). Study limitations and implications are also discussed.

  19. Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision.

    PubMed

    Antonio, Michael E

    2006-01-01

    This paper examines the impact of the defendant's appearance during the trial on capital jurors' punishment decision. The data used in this analysis were gathered by the Capital Jury Project (CJP), a national program of research on the decision-making of capital jurors. A series of multivariate logistic regression analyses were conducted using four aggravating circumstances related to the killing and eight defendant appearance variables as predictors of jurors' punishment decision at three points during the capital trial: (1) after the punishment phase ended, but before formal deliberation began; (2) when the first vote was taken on punishment at jury deliberations; and (3) at the final vote on punishment. Results indicated that when the defendant appeared emotionally involved during the trial (i.e. sorry and sincere) jurors either favored a life sentence or were undecided about punishment; however, when the defendant appeared emotionally uninvolved during the trial (i.e. bored) jurors either sought a death sentence or remained undecided. Policy implications will be discussed.

  20. Perceptions of credibility of sexual abuse victims across generations.

    PubMed

    Klettke, Bianca; Hallford, David; Mellor, David

    2016-01-01

    The success of prosecutions of perpetrators of sexual abuse often depends substantially upon the perceived credibility of the victim witness. However, perceptions of credibility may vary by generation of the observer, and the constitution of juries may therefore lead to bias. In this study we examined whether perceptions of credibility of female victims of sexual abuse varied across generation Y, generation X, "baby boomers", and "builders". One hundred and twenty-eight jury-eligible members of the community from each generation (N=512) responded to ten questions assessing the perceived believability, competence, trustworthiness, demeanour and sexual naiveté of females providing testimony related to alleged sexual abuse. Although consistent between-generation differences were not found for all questions, or all four groups of generational cohorts, in instances where significant differences were found, it was consistently the older generation groups (builders and baby boomers) that attributed less credibility to the victim than the younger generation groups (generation Y and generation X). The implications of these findings are discussed.

  1. Abortion foe convicted and sentenced for murders of women's health clinic workers.

    PubMed

    1996-03-22

    On March 18, after deliberating for approximately nine hours over two days, a Dedham, Massachusetts, jury found John Salvi guilty of two counts of first-degree murder for the December 1994 shooting deaths of Shannon Lowney and Lee Ann Nichols, receptionists at two Brookline, Massachusetts, women's health care clinics. Salvi was also convicted of five counts of assault with intent to murder (see RFN IV/1). Almost immediately, Norfolk Superior Court Judge Barbara Dortch-Okara ordered Salvi to serve the maximum sentence--two consecutive life terms in prison without parole--for the murders and an additional 90-100 years for the five assaults. Under Massachusetts law, the first-degree murder convictions will be automatically appealed. In reaching their verdict, the jury of six men and six women rejected Salvi's plea of not guilty by reason of insanity. The five-week trial included testimony from more than 100 witnesses. In the past two years, two other men have been convicted for the first-degree murders of abortion providers: Michael Griffin, who was convicted of murdering Dr. David Gunn in March 1994, is now serving a life sentence; and Paul Hill, who was convicted of murdering Dr. John Britton and James Barrett in November 1995, is on Florida's death row while his sentence is pending mandatory appeal (see RFN III/19, 22).

  2. William A. Hammond, the dynamograph, and bogus neurologic testimony in old New York.

    PubMed

    Patten, A; Patten, B M

    1997-12-01

    April 25, 1870, court of General Sessions, New York City, Doctor William A. Hammond, neurologist and former Surgeon General of the United States Army, testified at the trial of his patient Daniel McFarland. McFarland had fatally wounded famous journalist Albert Richardson in November of 1869. Dr. Hammond said McFarland suffered from temporary insanity due to cerebral congestion from over use of the brain. Hammond told the jury he had, "devoted the last five years of his professional life exclusively to the study of the mind", and opined that the evidence of cerebral congestion was profound: McFarland's head was hot, and his carotid throbbed. The proof came from the test with the dynamograph machine: McFarland could not keep a pencil still to trace a straight line in the center of a moving piece of paper. The dynamograph, Dr. Hammond assured the jury, measured the power of a man over his will and thus provided "full and decided evidence" there can be no doubt that McFarland "could not control his will". What were the motivations behind the testimony of this famous expert witness? Did bogus neurologic testimony exist in old New York over a century before our time?

  3. False confessions, expert testimony, and admissibility.

    PubMed

    Watson, Clarence; Weiss, Kenneth J; Pouncey, Claire

    2010-01-01

    The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area.

  4. Juror knowledge and attitudes regarding mental illness verdicts.

    PubMed

    Sloat, Lisa M; Frierson, Richard L

    2005-01-01

    We begin with a brief overview of the Not Guilty by Reason of Insanity (NGRI) and Guilty but Mentally Ill (GBMI) verdicts in the United States and then report on a study of qualified jurors (n=96) in which we examined jurors' understanding and attitudes about mental illness verdicts and the disposition of mentally ill defendants. Results indicate that although the jury pool was highly educated, only 4.2 percent of jurors could correctly identify both the definitions and dispositions of defendants found NGRI and GBMI. Jurors with lower educational levels were less likely to identify the dispositional outcome of a GBMI verdict (p<.05). Eighty-four percent of respondents believed that juries should be informed of dispositional outcome before deciding a verdict. Also, 68.4 percent of jurors erroneously believed that a defendant found GBMI could not receive the death penalty. Among jurors who correctly identified the definition of GBMI, those with lower educational levels were more punitive in their attitudes toward disposition of the GBMI defendants, believing they should eventually be sent to prison (p<.05).

  5. Compensating plaintiffs and punishing defendants: is bifurcation necessary?

    PubMed

    Greene, E; Woody, W D; Winter, R

    2000-04-01

    Critics of the civil jury have proposed several procedural reforms to address the concern that damage awards are capricious and unpredictable. One such reform is the bifurcation or separation of various phases of a trial that involves multiple claims for damages. The purpose of this study was to assess the effects of bifurcating the compensatory and punitive damages phases of a civil tort trial. We manipulated the wealth of the defendant and the reprehensibility of the defendant's conduct (both sets of evidence theoretically related to punitive but not to compensatory damages) across three cases in a jury analog study. We wondered whether jurors would misuse the punitive damages evidence in fixing compensatory damages and whether bifurcation would effectively undo this practice. Our findings indicated that mock jurors did not improperly consider punitive damages evidence in their decisions about compensation. Moreover, bifurcation had the unexpected effect of augmenting punitive damage awards. These findings raise questions about the merits of bifurcation in cases that involve multiple claims for damages.

  6. Don't Ask a Neuroscientist about Phases of the Moon.

    PubMed

    Shats, Katherine; Brindley, Timothy; Giordano, James

    2016-10-01

    Ongoing developments in neuroscientific techniques and technologies-such as neuroimaging-offer potential for greater insight into human behavior and have fostered temptation to use these approaches in legal contexts. Neuroscientists are increasingly called on to provide expert testimony, interpret brain images, and thereby inform judges and juries who are tasked with determining the guilt or innocence of an individual. In this essay, we draw attention to the actual capabilities and limitations of currently available assessment neurotechnologies and examine whether neuroscientific evidence presents unique challenges to existing frameworks of evidence law. In particular, we focus on (1) fundamental questions of relevance and admissibility that can and should be posed before the tests afforded in Daubert v. Merrill Dow Pharmaceuticals or Frye v. U.S. are applied and (2) how these considerations fit into the broader contexts of criminal law. We contend that neuroscientific evidence must first be scrutinized more heavily for its relevance, within Daubert and Federal Rule of Evidence 702, to ensure that the right questions are asked of neuroscientists, so as to enable expert interpretation of neuroscientific evidence within the limits of their knowledge and discipline that allows the judge or jury to determine the facts at issue in the case. We use the analogy provided by the Daubert court of an expert on the phases of the moon testifying to an individual's behavior on a particular night to ensure that we are, in fact, asking the neuroscientific expert the appropriate question. PMID:27634722

  7. Juror knowledge and attitudes regarding mental illness verdicts.

    PubMed

    Sloat, Lisa M; Frierson, Richard L

    2005-01-01

    We begin with a brief overview of the Not Guilty by Reason of Insanity (NGRI) and Guilty but Mentally Ill (GBMI) verdicts in the United States and then report on a study of qualified jurors (n=96) in which we examined jurors' understanding and attitudes about mental illness verdicts and the disposition of mentally ill defendants. Results indicate that although the jury pool was highly educated, only 4.2 percent of jurors could correctly identify both the definitions and dispositions of defendants found NGRI and GBMI. Jurors with lower educational levels were less likely to identify the dispositional outcome of a GBMI verdict (p<.05). Eighty-four percent of respondents believed that juries should be informed of dispositional outcome before deciding a verdict. Also, 68.4 percent of jurors erroneously believed that a defendant found GBMI could not receive the death penalty. Among jurors who correctly identified the definition of GBMI, those with lower educational levels were more punitive in their attitudes toward disposition of the GBMI defendants, believing they should eventually be sent to prison (p<.05). PMID:15985664

  8. Town vs. gown: a direct comparison of community residents and student mock jurors.

    PubMed

    Hosch, Harmon M; Culhane, Scott E; Tubb, V Anne; Granillo, Edgar A

    2011-01-01

    The use of students as mock jurors in the majority of legal psychology studies on jury behavior has been criticized (e.g., Bray & Kerr, 1979; Diamond, 1997). This study examined the degree to which student mock jurors' decisions were generalizable to those of real jurors. The participants of the study included 297 jury-eligible university students and 297 volunteers from the venire in the same community as that in which the students resided. All participants viewed one of six versions of a videotaped criminal trial. The defendant testified in English or in Spanish. In addition, the race of defendant was varied. Three bilingual individuals served as defendants with one appearing to be of northern European origin, one of Latino background, and one of African origin. Dependent variables included verdict and, for those who found the defendant guilty, the number of years to which he should be sentenced, and whether he should be fined. Student mock jurors differed reliably from their community counterparts on several demographic characteristics. However, the two groups had mixed results in relation to decision-making tasks. There was no difference in individual verdict preferences, but the students' sentence recommendations were more punitive. These results are interpreted in the context of the generalizability of mock juror studies.

  9. Functional magnetic resonance imaging (FMRI) and expert testimony.

    PubMed

    Kulich, Ronald; Maciewicz, Raymond; Scrivani, Steven J

    2009-03-01

    Medical experts frequently use imaging studies to illustrate points in their court testimony. This article reviews how these studies impact the credibility of expert testimony with judges and juries. The apparent "objective" evidence provided by such imaging studies can lend strong credence to a judge's or jury's appraisal of medical expert's testimony. However, as the court usually has no specialized scientific expertise, the use of complex images as part of courtroom testimony also has the potential to mislead or at least inappropriately bias the weight given to expert evidence. Recent advances in brain imaging may profoundly impact forensic expert testimony. Functional magnetic resonance imaging and other physiologic imaging techniques currently allow visualization of the activation pattern of brain regions associated with a wide variety of cognitive and behavioral tasks, and more recently, pain. While functional imaging technology has a valuable role in brain research and clinical investigation, it is important to emphasize that the use of imaging studies in forensic matters requires a careful scientific foundation and a rigorous legal assessment. PMID:19254335

  10. Effects of using relaxation breathing training to reduce music performance anxiety in 3rd to 6th graders.

    PubMed

    Su, Yu-Huei; Luh, Jer-Junn; Chen, Hsin-I; Lin, Chao-Chen; Liao, Miin-Jiun; Chen, Heng-Shuen

    2010-06-01

    The current study examined the effects of applying relaxation breathing training (RBT) as a means to reduce music performance anxiety (MPA) in young, talented musicians. A group of 59 young musicians from 3rd to 6th grade participated in this study, and all of them started RBT twice a week for 2 months prior to the examination. Four tests--2 mos, 1 mos, half an hour and 5 min before the examination--were conducted to examine the level of MPA after the application of RBT. Results show that the degree of MPA 5 min before the trial was lower than the degree of performance anxiety half an hour before the jury (t = -3.683, p < 0.01), which indicated that the RBT was associated with a decrease in MPA. Although a series of RBT exercises was applied, results indicated that when approaching the date of examination, the degree of performance anxiety still increased and reached its maximum half an hour before the jury. The recommendation for future studies is to combine the application of RBT with other methods to expand its effect in reducing MPA.

  11. The Novel New Jersey Eyewitness Instruction Induces Skepticism but Not Sensitivity.

    PubMed

    Papailiou, Athan P; Yokum, David V; Robertson, Christopher T

    2015-01-01

    In recent decades, social scientists have shown that the reliability of eyewitness identifications is much worse than laypersons tend to believe. Although courts have only recently begun to react to this evidence, the New Jersey judiciary has reformed its jury instructions to notify jurors about the frailties of human memory, the potential for lineup administrators to nudge witnesses towards suspects that they police have already identified, and the advantages of alternative lineup procedures, including blinding of the administrator. This experiment tested the efficacy of New Jersey's jury instruction. In a 2×2 between-subjects design, mock jurors (N = 335) watched a 35-minute murder trial, wherein identification quality was either "weak" or "strong" and either the New Jersey or a "standard" instruction was delivered. Jurors were more than twice as likely to convict when the standard instruction was used (OR = 2.55; 95% CI = 1.37-4.89, p < 0.001). The New Jersey instruction, however, did not improve juror's ability to discern quality; rather, jurors receiving those instructions indiscriminatingly discounted "weak" and "strong" testimony in equal measure. PMID:26650237

  12. A Failure Analysis Conducted on a Fractured AISI 5160 Steel Blade Which Separated from an Agricultural Rotary Cutter

    NASA Astrophysics Data System (ADS)

    Johnson, Alan A.; Storey, Randall J.

    2011-07-01

    One of the six blades of an agricultural rotary cutter used for cutting down small trees and bushes broke into two pieces while the blades were rotating. One piece was hurled from the cutter and struck a young farmer, who had been operating the machine, causing a near fatal leg injury. In the ensuing litigation against the manufacturers and marketer of the machine each litigant retained a metallurgist and other experts. The metallurgists jointly directed laboratory work on the broken blade conducted at an independent laboratory according to a protocol which they developed and which was approved by the court. As a result of the laboratory work the present authors, working for the Plaintiffs, concluded that failure of the blade occurred because it contained quench cracks introduced when it was manufactured. The Defendants' metallurgists concluded that the blade had been misassembled onto the machine and, as a result, had failed by fatigue. Eventually, the case was set for a jury trial in a Circuit Court in rural Kentucky. The jury found for the Plaintiffs and awarded them $5.9 million in damages. Part of this judgement was later reversed by the Kentucky Court of Appeals and the case was then settled without a second trial under terms which were not revealed.

  13. Discrimination and instructional comprehension: guided discretion, racial bias, and the death penalty.

    PubMed

    Lynch, M; Haney, C

    2000-06-01

    This study links two previously unrelated lines of research: the lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

  14. Absolute magnitudes and slope parameters for 250,000 asteroids observed by Pan-STARRS PS1 - Preliminary results

    NASA Astrophysics Data System (ADS)

    Vereš, Peter; Jedicke, Robert; Fitzsimmons, Alan; Denneau, Larry; Granvik, Mikael; Bolin, Bryce; Chastel, Serge; Wainscoat, Richard J.; Burgett, William S.; Chambers, Kenneth C.; Flewelling, Heather; Kaiser, Nick; Magnier, Eugen A.; Morgan, Jeff S.; Price, Paul A.; Tonry, John L.; Waters, Christopher

    2015-11-01

    We present the results of a Monte Carlo technique to calculate the absolute magnitudes (H) and slope parameters (G) of ∼240,000 asteroids observed by the Pan-STARRS1 telescope during the first 15 months of its 3-year all-sky survey mission. The system's exquisite photometry with photometric errors ≲ 0.04mag , and well-defined filter and photometric system, allowed us to derive accurate H and G even with a limited number of observations and restricted range in phase angles. Our Monte Carlo method simulates each asteroid's rotation period, amplitude and color to derive the most-likely H and G, but its major advantage is in estimating realistic statistical + systematic uncertainties and errors on each parameter. The method was tested by comparison with the well-established and accurate results for about 500 asteroids provided by Pravec et al. (Pravec, P. et al. [2012]. Icarus 221, 365-387) and then applied to determining H and G for the Pan-STARRS1 asteroids using both the Muinonen et al. (Muinonen, K. et al. [2010]. Icarus 209, 542-555) and Bowell et al. (Bowell, E. et al. [1989]. Asteroids III, Chapter Application of Photometric Models to Asteroids. University of Arizona Press, pp. 524-555) phase functions. Our results confirm the bias in MPC photometry discovered by Jurić et al. (Jurić, M. et al. [2002]. Astrophys. J. 124, 1776-1787).

  15. Being an expert witness in geomorphology

    NASA Astrophysics Data System (ADS)

    Keller, Edward A.

    2015-02-01

    Gathering your own data and coming to your own conclusion through scientific research and discovery is the most important principle to remember when being an expert witness in geomorphology. You can only be questioned in deposition and trial in your area of expertise. You are qualified as an expert by education, knowledge, and experience. You will have absolutely nothing to fear from cross-examination if you are prepared and confident about your work. Being an expert witness requires good communication skills. When you make a presentation, speak clearly and avoid jargon, especially when addressing a jury. Keep in mind that when you take on a case that may eventually go to court as a lawsuit, the entire process, with appeals and so forth, can take several years. Therefore, being an expert may become a long-term commitment of your time and energy. You may be hired by either side in a dispute, but your job is the same - determine the scientific basis of the case and explain your scientific reasoning to the lawyers, the judge, and the jury. Your work, including pre-trial investigations, often determines what the case will be based on. The use of science in the discovery part of an investigation is demonstrated from a California case involving the Ventura River, where building of a flood control levee restricted flow to a narrower channel, increasing unit stream power as well as potential for bank erosion and landsliding.

  16. A propensity score matching analysis of the relationship between victim sex and capital juror decision-making in North Carolina.

    PubMed

    Jennings, Wesley G; Richards, Tara N; Smith, M Dwayne; Bjerregaard, Beth; Fogel, Sondra J

    2015-07-01

    A small body of prior research has examined the impact of victim sex on jury death penalty decision-making and the majority of this research has demonstrated some evidence of a "female victim effect" such that cases involving a female victim are more likely to receive the death penalty than similarly situated cases with a male victim. However, within this line of research studies have suggested that victim sex may work in conjunction with other case characteristics. In order to further explore this phenomenon, the current study examines a near-population of death penalty cases from North Carolina (n=1069) from 1977-2009 using propensity score matching. Results demonstrate that once cases are matched on more than 50 legal and extralegal case characteristics, there is no statistically significant or substantive link between victim sex and death penalty decision-making. Findings suggest that it is concrete differences in the legal and extralegal factors observed in cases with female victims compared to male victims that shape jury death sentence decisions rather than a direct effect of victim sex (before matching: OR=1.53; 95% CI=1.20-1.95; p<.001/after matching: OR=0.90; 95% CI=0.66-1.24; p=.52). Study limitations and implications are also discussed. PMID:26004447

  17. Enhancement of gas-phase diffusion in the presence of liquid

    NASA Astrophysics Data System (ADS)

    Webb, S.; Angert, A.

    2003-04-01

    Gas diffusion in porous media occurs in both the gas and liquid phases. In many instances, gas diffusion in the liquid phase is ignored. However, under many conditions, gas diffusion in the liquid phase may be more important than gas diffusion in the gas phase. Two different cases will be examined in this work. The first case is a continuous liquid path between the gas concentrations of interest modeled after Jury et al. (1984). The second case is the situation at low liquid saturation where liquid islands exist. For the first case, Jury's model can be rewritten as a ratio of the total gas diffusion in the gas and liquid phases to that just in the gas phase. The liquid diffusion coefficient is approximately 10-4 times the gas diffusion coefficient consistent with Jury et al. (1984). The ratio of total diffusion to gas-phase diffusion is then only a function of Henry's constant and the liquid saturation. For higher values of Henry's constant, such as for CO2 and O2, the effect of diffusion in the liquid phase is small except at high liquid saturations. For small values of Henry's constant, such as for some VOCs and explosive compounds, diffusion in the liquid phase dominates for low and moderate liquid saturation values. The second case is the enhancement of diffusion caused by liquid islands at low liquid saturation. Enhanced vapor diffusion across liquid islands has been observed and modeled by Webb and Ho (1999), where condensation and evaporation occur on opposite ends of the liquid island. Vapor diffusion enhancement of up to a factor of 10 has been observed. Similarly, gas can diffuse through the liquid island. For high values of Henry's constant, gas diffusion through liquid islands is negligible and can be ignored. For small values of Henry's constant, diffusion through liquid islands may be much greater than diffusion through gas, so the rate is enhanced. The work was sponsored by the Geneva International Center for Humanitarian Demining (GICHD) under the

  18. Sleep in a legal context: The role of the expert witness.

    PubMed

    Idzikowski, Chris; Rumbold, John

    2015-07-01

    Sleep experts are called to assist the jury in deciding the mental state of the accused at the time of their alleged criminal behaviour. This task is difficult as the literature on many sleep disorders, particularly sleepwalking and other parasomnias, is still largely a matter of case reports and case series. The probative value of much of the evidence given is not known. Sleep behaviour in the courts present a number of difficulties which illustrate the dilemmas that face an expert witness faced with ambiguous data and uncertain principles with which to interpret them. Additionally there are substantial policy issues involved which are not always adequately addressed in expert evidence. We outline the role of expert witnesses in such cases. PMID:26378109

  19. Police-induced confessions: risk factors and recommendations.

    PubMed

    Kassin, Saul M; Drizin, Steven A; Grisso, Thomas; Gudjonsson, Gisli H; Leo, Richard A; Redlich, Allison D

    2010-02-01

    Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations. PMID:19603261

  20. A survey of people's attitudes and beliefs about false confessions.

    PubMed

    Henkel, Linda A; Coffman, Kimberly A J; Dailey, Elizabeth M

    2008-01-01

    The attitudes and beliefs of jury eligible individuals regarding false confessions were investigated in order to uncover potential biases. Survey respondents provided perceptions of factors related to false confessions (e.g. their frequency and likely situational and dispositional risk variables). Results indicate that people possess an awareness that false confessions can occur and believe that a confession should not be taken as an absolute indicator of guilt. However, their understanding of predisposing and situational factors that contribute to false confessions was incomplete, as was their understanding of interrogation practices. Furthermore, respondents showed a marked bias against believing that they personally would ever falsely confess, which is discussed in the context of potential inconsistencies between people's self-report and their actual behaviors in naturalistic situations. PMID:18788081

  1. Moon and other Celestial bodies: Debunking the Myth of Property Rights in Space

    NASA Astrophysics Data System (ADS)

    Sterns, P.; Tennen, L.

    The increasing role of the private sector in space creates virtually limitless opportunities. It is axiomatic that activities in space must be conducted in compliance with the applicable requirements of the corpus juris spatialis. Unfortunately, in their zeal to manufacture a profit, some proponents give insufficient consideration to the implications and ramifications of their ventures vis- a -vis the extant law of outer space, particularly in relation to the non-appropriation principle. Still other purveyors of proposals are more disingenuous, proffering elaborate yet analytically inadequate rationales to justify either abrogating or disregarding the legal framework applicable to activities in space, especially in regard to assertions of so called "property rights" in space, on the Moon, and on other celestial bodies. This article examines the fallacies of these propositions, and demonstrates that such claims of property rights are both unnecessary and counterproductive to the development of commercial space.

  2. Absorbing New Subjects: Holography as an Analog of Photography

    NASA Astrophysics Data System (ADS)

    Johnston, Sean F.

    2006-05-01

    I discuss the early history of holography and explore how perceptions, applications, and forecasts of the subject were shaped by prior experience. I focus on the work of Dennis Gabor (1900 1979) in England,Yury N. Denisyuk (b. 1924) in the Soviet Union, and Emmett N. Leith (1927 2005) and Juris Upatnieks (b. 1936) in the United States. I show that the evolution of holography was simultaneously promoted and constrained by its identification as an analog of photography, an association that influenced its assessment by successive audiences of practitioners, entrepreneurs, and consumers. One consequence is that holography can be seen as an example of a modern technical subject that has been shaped by cultural influences more powerfully than generally appreciated. Conversely, the understanding of this new science and technology in terms of an older one helps to explain why the cultural effects of holography have been more muted than anticipated by forecasters between the 1960s and 1990s.

  3. Incoherent holography

    NASA Astrophysics Data System (ADS)

    Abramson, Nils H.

    2000-10-01

    Dennis Gabor invented in-line holography in 1947, but at that time the coherent light from a laser did not yet exist and therefore the holograms he produced were of very low quality. When the laser was born in 1960 beautiful 3-D off- center holograms were for the first time produced by Emmett Leith and Juris Upatnieks. However, already as early as 1934 the inventor and artist Hans Weil patented a method to produce simple pictures that appeared floating in space, by scratching a transparent or metallic surface in certain directions. In 1995 William J. Beaty published a method for Hand-Drawn Holograms. Then it became possible for any artist to draw his own 3-D pictures of simple objects and using his ingenious techniques these hand drawn images will mimic many of the qualities of ordinary holograms.

  4. Novel Antiangiogenic Agents in Dermatology

    PubMed Central

    Berrios, Ricardo L.; Arbiser, Jack L.

    2011-01-01

    Because angiogenesis underlies the pathogenesis of numerous conditions (cancer, psoriasis, macular degeneration), there is a pressing need for continued investigations into angiogenic signaling and potential drug targets. Antiangiogenic agents can be classified as either direct or indirect. Direct antiangiogenics act on untransformed endothelial cells to prevent differentiation and proliferation; indirect antiangiogenics act to inhibit factors involved in proangiogenic signaling. Agents currently available with dermatologic indications are few, while several established and novel biologics targeting various proangiogenic factors are currently being investigated for potential dermatologic uses, but the jury is still out on their efficacy and safety. In this review, we highlight our experience with a group of existing and novel, small molecules that combine several modes of action against angiogenesis in addition to other properties – triarylmethane dyes and fulvene derivatives. PMID:21172300

  5. I Spy with My Little Eye: Jurors' Detection of Internal Validity Threats in Expert Evidence

    PubMed Central

    McAuliff, Bradley D.; Duckworth, Tejah D.

    2010-01-01

    This experiment examined whether jury-eligible community members (N = 223) were able to detect internally invalid psychological science presented at trial. Participants read a simulated child sexual abuse case in which the defense expert described a study he had conducted on witness memory and suggestibility. We varied the study's internal validity (valid, missing control group, confound, and experimenter bias) and publication status (published, unpublished). Expert evidence quality ratings were higher for the valid versus missing control group version only. Publication increased ratings of defendant guilt when the study was missing a control group. Variations in internal validity did not influence perceptions of child victim credibility or police interview quality. Participants' limited detection of internal validity threats underscores the need to examine the effectiveness of traditional legal safeguards against junk science in court and improve the scientific reasoning ability of lay people and legal professionals. PMID:20162342

  6. Defendant remorse, need for affect, and juror sentencing decisions.

    PubMed

    Corwin, Emily P; Cramer, Robert J; Griffin, Desiree A; Brodsky, Stanley L

    2012-01-01

    Defendant remorse is generally accepted as a mitigating factor in capital murder sentencing in the legal system. The current study addressed whether verbal and nonverbal expressions of defendant remorse are perceived as remorseful by mock jurors. Moreover, this study investigated the associations of defendant behaviors and mock juror need for affect on sentencing decisions. Participants watched a video of a defendant depicting either high or low levels of verbal and nonverbal remorseful behavior. Results indicated that nonverbal behaviors were more important than verbal cues for perception of remorse. Incongruent verbal and nonverbal behavior, as well as mock juror willingness to approach emotional situations (i.e., high need for affect (NFA)) resulted in more lenient sentences for defendants. Implications for the remorse construct, for witness preparation, and for jury selection are discussed.

  7. Scott Wallace on the National Alliance for Health Information Technology. Interview by Deborah Mears.

    PubMed

    Wallace, Scott

    2004-01-01

    The National Alliance for Health Information Technology (NAHIT) appointed Scott Wallace as its first president and CEO in 2003. NAHIT is an organization of 90 Leading healthcare associations, suppliers, vendors, hospitals, and healthcare systems committed tothe development of voluntary standards for health information technoLogy. Wallace previously was the principal owner of Great kes Capital, a financiaL, commerciaL, and business development consulting firm with a major focus in technology. Prior to starting Great Lakes, Wallace led several technoLogy-based companies. He served as president and CEO of PowerClip Co., a wireless products mpany; president and CEO of Eichrom Industries, an advanced materials and specialty chemical company; and vice president and general counsel for GCI, a venture capital fund. Wallace earned a juris doctorate from the University of Chicago Law School, a master's degree in business administration from the University of Chicago Graduate School of Business, anda bachelor's degree in economics from Duke University.

  8. The process and criteria for diagnosing specific learning disorders: indications from the Consensus Conference promoted by the Italian National Institute of Health.

    PubMed

    Lorusso, Maria Luisa; Vernice, Mirta; Dieterich, Marina; Brizzolara, Daniela; Mariani, Enrica; De Masi, Salvatore; D'Angelo, Franca; Lacorte, Eleonora; Mele, Alfonso

    2014-01-01

    A Consensus Conference on Specific Learning Disorders has been promoted by the Italian National Institute of Health (Istituto Superiore di Sanità, ISS). The Consensus Conference consisted in a systematic review of the international literature addressing the issues of diagnosis, risk factors and prognosis, treatment, service delivery and organizational models for Specific Learning Disorders (reading, spelling/writing, calculation). Selected papers were examined by a group of Evaluators and then discussed by a Scientific and Technical Committee, whose conclusions were examined and approved by a Jury Panel. The part on diagnostic issues is presented here, encompassing a systematic discussion of the use and appropriateness of diagnostic criteria, parameters, tasks and psychometric indexes as illustrated in the literature, and providing recommendations for clinical practice. Special attention has been devoted to the collection, analysis and discussion of published data concerning languages with transparent orthography. Controversial issues such as discrepancy criteria, role of reading comprehension and importance of accuracy and fluency are discussed. PMID:24695257

  9. Appeals court says FBI erred in terminating doctor's services. Federal Bureau of Investigations.

    PubMed

    1995-09-22

    The late Dr. [name removed] of San Francisco had a four-year contract to perform physical exams on local FBI agents and job applicants. When the FBI learned that Dr. [name removed] had AIDS, the San Francisco field office stopped using his services. An initial non-jury trial found that Dr. [name removed] did not have private right of action to sue the Federal government, and that his evasive answers as to his state of health and risk of transmission had prevented the FBI from learning the extent of risk. Upon appeal by Dr. [name removed]'s estate, however, a Federal court determined that the FBI had terminated Dr. [name removed] based on his HIV status, not on the quality of his work. The FBI's actions violated the 1973 Rehabilitation Act barring government-funded programs from discrimination based on disability.

  10. What people believe about how memory works: a representative survey of the U.S. population.

    PubMed

    Simons, Daniel J; Chabris, Christopher F

    2011-01-01

    Incorrect beliefs about the properties of memory have broad implications: the media conflate normal forgetting and inadvertent memory distortion with intentional deceit, juries issue verdicts based on flawed intuitions about the accuracy and confidence of testimony, and students misunderstand the role of memory in learning. We conducted a large representative telephone survey of the U.S. population to assess common beliefs about the properties of memory. Substantial numbers of respondents agreed with propositions that conflict with expert consensus: Amnesia results in the inability to remember one's own identity (83% of respondents agreed), unexpected objects generally grab attention (78%), memory works like a video camera (63%), memory can be enhanced through hypnosis (55%), memory is permanent (48%), and the testimony of a single confident eyewitness should be enough to convict a criminal defendant (37%). This discrepancy between popular belief and scientific consensus has implications from the classroom to the courtroom. PMID:21826204

  11. Corruption case.

    PubMed

    1999-07-23

    A Federal jury in Puerto Rico found three defendants guilty of participating in the theft of $2.2 million in Federal funds from the San Juan AIDS Institute. The key figure in the case is [name removed], a consultant to the institute. He was convicted of 12 counts of money laundering and faces up to 25 years in prison. Two other administrative officials were also convicted in the case. Four others have pleaded guilty, and three more await trial. Rep. Jose Granados Navado was among those implicated; he received $100,000 for his campaign for mayor of San Juan in 1988 from the institute=s medical director. U.S. Rep. Tom Coburn (R-Okla.) has called for an audit of all Ryan White CARE Act funds since this scandal was uncovered. PMID:11366596

  12. Transit employee loses invasion-of-privacy suit on appeal.

    PubMed

    1996-01-26

    An HIV-positive Philadelphia, PA transit employee, John Doe, charged [name removed] [name removed], the chief administrative officer of the Southeastern Pennsylvania Transportation Authority (SEPTA) with violating his privacy. [Name removed] searched through Doe's prescription plan records to determine if Doe had HIV and then informed agency officials about his HIV-positive status. A Federal Appeals Court panel overturned a $125,000 jury verdict to compensate Doe for emotional distress. The Appeals judge held that the intrusion was minimal, and that an employer's need for access to prescription records outweighs an employee's right to confidentiality. The court explained that [name removed] had a legitimate and compelling need for the documents in order to monitor the costs and uses of an employee benefit program. Doe's attorney, Clifford Boardman, filed a petition asking the Third Circuit Court to reconsider the decision.

  13. Court ruling demonstrates ACA's power to reduce future medical expenses.

    PubMed

    Jenny, Leslie M

    2016-04-01

    Industry insiders who handle litigation involving catastrophic injury cases have eagerly awaited the first rulings to address the impact, if any, of the Affordable Care Act (ACA), often referred to as Obamacare, on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance to cover ever-growing health care costs in the future. Consequently, in most jurisdictions, the applicable rule of law has prevented the argument that future damages should be reduced because of the availability of health insurance. Because of this, damages have remained essentially unrebutted, and the law has permitted such unrebutted damage projections to be calculated into the future. These projections, primarily in the form of life care plans, are generally the single largest financial component of damage claims. Such plans often project massive expenses that can drive equally massive jury verdicts. PMID:27088773

  14. Sex and the nursing home.

    PubMed

    Levine, Murray

    2016-01-01

    The current article discusses the case of Henry Rahons. A nearly 80 year old man who was accused by the local district attorney of having unlawful sexual contact with Donna, his second wife of some seven years who had developed Alzheimer's disease in her later years. Under Iowa law, he was accused of having sexually abused her because she had "a mental defect or incapacity which precludes giving consent" to sex acts. A jury acquitted Henry of the charge of sexually abusing his wife. The evidence was equivocal that a sex act occurred on May 23, 2014, the date specified in the indictment. This article addresses the ability to assessed competence to consent to sex in similar situations. The current rules and attitudes about senior sex in nursing homes needs to be reevaluated. (PsycINFO Database Record PMID:27196391

  15. The psychology of telling murder stories: do we think in scripts, exemplars, or prototypes?

    PubMed

    Wiener, Richard L; Richmond, Tracey L; Seib, Hope M; Rauch, Shannon M; Hackney, Amy A

    2002-01-01

    According to the story model of Pennington and Hastie, jurors collect information at trial and modify it with general knowledge to create case stories. Schank and Ableson argue that human memory is organized to tell and understand stories. However, Finkel and Groscup questioned the use of manipulated, experimenter-constructed narratives to demonstrate the existence of multiple prototypical crime stories. We interviewed 76 jury eligible, death qualified citizens and asked them to imagine a first-degree murder scenario, describing the events that led to the killing. We coded the presence of dichotomous variables in the resulting stories and identified at least three shared story prototypes using cluster and profile analysis. We conclude that people do not store crime stories as simple prototypes and comment on the implications of this finding for legal decision-making.

  16. Expert witness testimony guidelines: identifying areas for improvement.

    PubMed

    Svider, Peter F; Eloy, Jean Anderson; Baredes, Soly; Setzen, Michael; Folbe, Adam J

    2015-02-01

    Expert witnesses play an invaluable, if controversial, role by deciphering medical events for juries in cases of alleged negligence. We review expert witness guidelines among major surgical societies and identify gaps within these standards, as our hope is that this spurs discussion addressing areas for improvement. Of 8 surgical societies with accessible guidelines, none included specific compensation guidelines or limits, detailed reporting mechanisms regarding unethical behavior by legal professionals, or addressed the appropriateness of testifying frequently and exclusively for one side. Several processes possibly deterring grossly inaccurate testimony have been adopted by other surgical societies and should potentially be addressed by the American Academy of Otolaryngology-Head and Neck Surgery. These include offering an expert witness testimony certification path, strengthening the formalized grievance process, and encouraging members to sign an affirmation statement. PMID:25389319

  17. Italian consensus conference for colonic diverticulosis and diverticular disease

    PubMed Central

    Barbara, Giovanni; Pace, Fabio; Annese, Vito; Bassotti, Gabrio; Binda, Gian Andrea; Casetti, Tino; Colecchia, Antonio; Festi, Davide; Fiocca, Roberto; Laghi, Andrea; Maconi, Giovanni; Nascimbeni, Riccardo; Scarpignato, Carmelo; Villanacci, Vincenzo; Annibale, Bruno

    2014-01-01

    The statements produced by the Consensus Conference on Diverticular Disease promoted by GRIMAD (Gruppo Italiano Malattia Diverticolare, Italian Group on Diverticular Diseases) are reported. Topics such as epidemiology, risk factors, diagnosis, medical and surgical treatment of diverticular disease (DD) in patients with uncomplicated and complicated DD were reviewed by a scientific board of experts who proposed 55 statements graded according to level of evidence and strength of recommendation, and approved by an independent jury. Each topic was explored focusing on the more relevant clinical questions. Comparison and discussion of expert opinions, pertinent statements and replies to specific questions, were presented and approved based on a systematic literature search of the available evidence. Comments were added explaining the basis for grading the evidence, particularly for controversial areas. PMID:25360320

  18. The court of public opinion: lay perceptions of polygraph testing.

    PubMed

    Myers, Bryan; Latter, Rachel; Abdollahi-Arena, M Kathrine

    2006-08-01

    We sampled a total of 411 participants and randomly assigned them one of three brief trial vignettes that contained either no-polygraph evidence, evidence of a passed polygraph test, or evidence of a failed polygraph test. Participants rendered guilt judgments and answered a series of questions concerning the trial in particular, and polygraph tests in general. Similar to previous studies on the impact of polygraph evidence on jurors' guilt judgments, this sample of jury-eligible adults indicated that they did not find polygraph test evidence to be persuasive. Moreover, it mattered little to participants whether the results indicated the defendant passed a polygraph test, or that he failed a polygraph test. However, when our findings are compared to those of previous surveys involving experts in the field of psychophysiology, they differ in a number of important respects. The implications for decisions regarding admissibility (e.g., U.S. v. Alexander, 1975 and U.S. v. Scheffer, 1998) are discussed.

  19. Criminal Evidence Act, 1992 [Excerpts. 7 July 1992].

    PubMed

    1993-04-30

    This Act amends Ireland's law on evidence to do the following among other things: a) in cases involving sexual or violent acts, allow a person under the age of 17 to give evidence by means of a live television link, unless the court sees good reason to the contrary; b) allow, upon a court's authorization, questions to be put to such a person in such a case by means of an intermediary; c) allow video recordings of interviews with children conducted by police officers or other competent persons to be admitted as evidence in such cases; and d) abolish the requirement that the unsworn evidence of a child must be corroborated and leave to the court's discretion whether to warn a jury about convicting a person on the basis of the uncorroborated evidence of a child. Additional provisions of the Act relate to the competence and compellability of spouses and former spouses to give evidence.

  20. The effects of defendant race, victim race, and juror gender on evidence processing in a murder trial.

    PubMed

    Forsterlee, Robert; Forsterlee, Lynne; Horowitz, Irwin A; King, Ellen

    2006-01-01

    The effects of defendant race, victim race, and juror gender on sentencing and information processing were examined within the context of a murder trial. A sample consisting of 96, jury eligible White Australians read one of four versions of a real trial transcript, in which the race of a male defendant and female victim were varied. The participants imposed the severest sentences on the Indigenous (Black) defendant. Jurors were most lenient with White defendants who killed a White victim. Female jurors were more punitive than the males toward the Indigenous defendant. Jurors processed evidence systematically in same-race trials, but used both systematic and heuristic processing in mixed-race trials. In these instances, female jurors employed significantly more emotive responses, especially when the victim was Black. The effects of subtle racism and the black processing effect when the victim was non-White are considered.

  1. Sex and the nursing home.

    PubMed

    Levine, Murray

    2016-01-01

    The current article discusses the case of Henry Rahons. A nearly 80 year old man who was accused by the local district attorney of having unlawful sexual contact with Donna, his second wife of some seven years who had developed Alzheimer's disease in her later years. Under Iowa law, he was accused of having sexually abused her because she had "a mental defect or incapacity which precludes giving consent" to sex acts. A jury acquitted Henry of the charge of sexually abusing his wife. The evidence was equivocal that a sex act occurred on May 23, 2014, the date specified in the indictment. This article addresses the ability to assessed competence to consent to sex in similar situations. The current rules and attitudes about senior sex in nursing homes needs to be reevaluated. (PsycINFO Database Record

  2. Independence and interdependence in collective decision making: an agent-based model of nest-site choice by honeybee swarms.

    PubMed

    List, Christian; Elsholtz, Christian; Seeley, Thomas D

    2009-03-27

    Condorcet's jury theorem shows that when the members of a group have noisy but independent information about what is best for the group as a whole, majority decisions tend to outperform dictatorial ones. When voting is supplemented by communication, however, the resulting interdependencies between decision makers can strengthen or undermine this effect: they can facilitate information pooling, but also amplify errors. We consider an intriguing non-human case of independent information pooling combined with communication: the case of nest-site choice by honeybee (Apis mellifera) swarms. It is empirically well documented that when there are different nest sites that vary in quality, the bees usually choose the best one. We develop a new agent-based model of the bees' decision process and show that its remarkable reliability stems from a particular interplay of independence and interdependence between the bees.

  3. The forensic role of the child psychiatrist in child abuse and neglect cases.

    PubMed

    Leavitt, Willis T; Armitage, David T

    2002-10-01

    Child psychiatrists play important roles in the legal system. By training and experience, they have unique insight into the emotional life of the child, the dynamics of the family system, and the relationship between child and parent. They help provide objective information to the judge and jury for making difficult legal decisions in child abuse and neglect-related cases. Functioning in various roles, child psychiatrists must reach a clear understanding with the hiring party as to the reason for the consultation, what materials and interviews are necessary for a comprehensive evaluation, the charges involved, and ethical principles to be followed. They must recognize and negotiate the challenges for objectivity in these forensic evaluations. Finally, they should understand that the role of the child psychiatrist in forensic issues is a dynamic one that is shaped by the ever-evolving response of society, law, and the medical profession to the phenomena of child abuse and neglect.

  4. Back-and-Forth Methodology for Objective Voice Quality Assessment: From/to Expert Knowledge to/from Automatic Classification of Dysphonia

    NASA Astrophysics Data System (ADS)

    Fredouille, Corinne; Pouchoulin, Gilles; Ghio, Alain; Revis, Joana; Bonastre, Jean-François; Giovanni, Antoine

    2009-12-01

    This paper addresses voice disorder assessment. It proposes an original back-and-forth methodology involving an automatic classification system as well as knowledge of the human experts (machine learning experts, phoneticians, and pathologists). The goal of this methodology is to bring a better understanding of acoustic phenomena related to dysphonia. The automatic system was validated on a dysphonic corpus (80 female voices), rated according to the GRBAS perceptual scale by an expert jury. Firstly, focused on the frequency domain, the classification system showed the interest of 0-3000 Hz frequency band for the classification task based on the GRBAS scale. Later, an automatic phonemic analysis underlined the significance of consonants and more surprisingly of unvoiced consonants for the same classification task. Submitted to the human experts, these observations led to a manual analysis of unvoiced plosives, which highlighted a lengthening of VOT according to the dysphonia severity validated by a preliminary statistical analysis.

  5. The effect of inharmonic partials on pitch of piano tones

    NASA Astrophysics Data System (ADS)

    Anderson, Brian E.; Strong, William J.

    2005-05-01

    Piano tones have partials whose frequencies are sharp relative to harmonic values. A listening test was conducted to determine the effect of inharmonicity on pitch for piano tones in the lowest three octaves of a piano. Nine real tones from the lowest three octaves of a piano were analyzed to obtain frequencies, relative amplitudes, and decay rates of their partials. Synthetic inharmonic tones were produced from these results. Synthetic harmonic tones, each with a twelfth of a semitone increase in the fundamental, were also produced. A jury of 21 listeners matched the pitch of each synthetic inharmonic tone to one of the synthetic harmonic tones. The effect of the inharmonicity on pitch was determined from an average of the listeners' results. For the nine synthetic piano tones studied, pitch increase ranged from approximately two and a half semitones at low fundamental frequencies to an eighth of a semitone at higher fundamental frequencies. .

  6. Tobacco industry litigation strategies to oppose tobacco control media campaigns

    PubMed Central

    Ibrahim, J K; Glantz, Stanton A

    2006-01-01

    Objective To document the tobacco industry's litigation strategy to impede tobacco control media campaigns. Methods Data were collected from news and reports, tobacco industry documents, and interviews with health advocates and media campaign staff. Results RJ Reynolds and Lorillard attempted to halt California's Media Campaign alleging that the campaign polluted jury pools and violated First Amendment rights because they were compelled to pay for anti‐industry ads. The American Legacy Foundation was accused of violating the Master Settlement Agreement's vilification clause because its ads attacked the tobacco industry. The tobacco companies lost these legal challenges. Conclusion The tobacco industry has expanded its efforts to oppose tobacco control media campaigns through litigation strategies. While litigation is a part of tobacco industry business, it imposes a financial burden and impediment to media campaigns' productivity. Tobacco control professionals need to anticipate these challenges and be prepared to defend against them. PMID:16436406

  7. The silence of the unblown whistle: the Nevada hepatitis C public health crisis.

    PubMed

    Leary, Elizabeth; Diers, Donna

    2013-03-01

    In 2008, one of the worst public health crises occurred in the state of Nevada, where authorities discovered up to 63,000 patients were potentially exposed to hepatitis C infection, largely due to substandard infection control and other negligent practices at two endoscopy clinics in Las Vegas. In the subsequent grand jury proceedings that followed, it was discovered that several clinic employees not only participated in these egregious practices, but doctors, nurses, and other health care professionals witnessed yet failed to report these incidents, largely due to fears of whistleblower retaliation. In response, the Nevada state legislature attempted to strengthen whistleblower protection laws, but it remains unclear if such laws actually protect employees who attempt to report patient safety concerns. As the push for quality patient outcomes becomes more prominent with health care reform, whistleblower concerns must be effectively addressed to ensure that health care professionals can report patient safety concerns without fear of retaliation.

  8. Anatomy of a malpractice lawsuit.

    PubMed

    Prevatt, Haley A; Sturgill, T Cornelius; Austin, J Brent; Seif, Elizabeth R; Schwartz, Richard W

    2007-03-01

    Given the prevalence of medical malpractice lawsuits, physicians are often thrust into the legal world without the education of a juris doctor. The risk of facing suit varies among specialties, but there is no guarantee any physician will proceed through his or her career without being a defendant in a lawsuit. Every physician stands a significant chance of being sued. Although a lawsuit is an exhausting and intimidating situation in and of itself, the ramifications of a plaintiff's verdict could have chilling effects on the physician's life, both professionally and personally. Therefore, it is imperative that every physician have an understanding of the legal process of which he or she may become involved. This article provides a practical guide for the physician, including the fundamental procedures of a medical malpractice lawsuit, the behavior that will be expected or required of the defendant physician, and the effect of disobeying the required procedures.

  9. Rethinking argumentation-teaching strategies and indigenous knowledge in South African science classrooms

    NASA Astrophysics Data System (ADS)

    Òtúlàjà, Fẹ´Mi S.; Cameron, Ann; Msimanga, Audrey

    2011-09-01

    Our response to Hewson and Ogunniyi's paper focuses, on the one hand, on some of the underlying tensions associated with alinging indigenous knowledge systems with westernized science in South African science classrooms, as suggested by the new, post-apartheid, curriculum. On the other hand, the use of argumentation as a vehicle to accomplish the alignment when the jury is still out on the appropriateness of argumentation as a pedagogical and research tool heightens the tension. We argue that the need for education stakeholders from indigenous heritages to value, know and document their own indigenous knowledge becomes paramount. The textualizing of indigenous knowledge, as has been done in western science, will create repositories for teachers to access and may help with the argumentation strategies such as advocated by the authors.

  10. Measuring knowledge of the insanity defense: scale construction and validation.

    PubMed

    Daftary-Kapur, Tarika; Groscup, Jennifer L; O'Connor, Maureen; Coffaro, Frank; Galietta, Michele

    2011-01-01

    Given the influence of social conformity and prejudice, defendants pleading not guilty by reason of insanity face the significant challenges of securing fair and impartial juries. Attitudes and knowledge of the insanity defense are factors that may influence levels of impartiality. In the light of this, we set out to develop a scale to examine knowledge levels of the insanity defense and their influence on decision-making. Two studies were conducted to construct a scale designed to assess laypersons' knowledge of the insanity defense. Items measuring knowledge of the insanity defense were based on Perlin's (1995) insanity defense myths. The first study identified particular items in need of revision and subscales that required the development of additional items in order to improve reliability and construct validity in the second study. The second study used the revised scale, demonstrating improved validity and reliability. The scale also had acceptable predictive validity with reference to insanity defense verdicts.

  11. Forensic analysis and psycholegal implications of parricide and attempted parricide.

    PubMed

    Weisman, A M; Sharma, K K

    1997-11-01

    In a retrospective archive study, 64 adjudicated adult cases involving the murder or attempted murder of at least one parent, referred for forensic evaluations are described. Biographic, demographic, diagnostic, crime scene, psycholoegal opinion, and disposition data are presented. Results indicated a 40% rate of insanity acquitees. Attempted parricide subjects were more likely to have inpatient psychiatric histories, witnesses present during the criminal act, nonresponsiveness towards their actions, competency raised, and a hospital disposition. Gender and ethnicity were found to have a significant effect on ultimate disposition. Fifty-four percent of the sample opined psychotic were sentenced to prison, suggesting other factors considered by judge and jury. Profile characteristics and typologies are presented. The findings are compared to studies involving parricide and legal strategies involving similar cases.

  12. Capital punishment and offenders with mental retardation: response to the Penry brief.

    PubMed

    Calnen, T; Blackman, L S

    1992-05-01

    The Supreme Court recently decided that the death penalty as it applies to persons with mental retardation is not a violation of constitutional protection from cruel and unusual punishment as long as juries consider the convicted person's disabilities during trial proceedings. Advocates for persons with mental retardation have argued that because their disability reduces culpability in capital offenses, the death penalty is always inappropriate. In this paper we argued that the latter position makes unwarranted categorical assumptions about mental retardation, fails to consider the individualized and situation-specific determinants of culpability for a capital offense, and undermines the very assumptions required to restore respect and value for citizens with mental retardation as participants in society.

  13. The effects of rehabilitative voir dire on juror bias and decision making.

    PubMed

    Crocker, Caroline B; Kovera, Margaret Bull

    2010-06-01

    During voir dire, judges frequently attempt to "rehabilitate" venirepersons who express an inability to be impartial. Venirepersons who agree to ignore their biases and base their verdict on the evidence and the law are eligible for jury service. In Experiment 1, biased and unbiased mock jurors participated in either a standard or rehabilitative voir dire conducted by a judge and watched a trial video. Rehabilitation influenced insanity defense attitudes and perceptions of the defendant's mental state, and decreased scaled guilt judgments compared to standard questioning. Although rehabilitation is intended to correct for partiality among biased jurors, rehabilitation similarly influenced biased and unbiased jurors. Experiment 2 found that watching rehabilitation did not influence jurors' perceptions of the judge's personal beliefs about the case.

  14. Examining Harry Thaw's "brain-storm" defense: APA and ANA presidents as expert witnesses in a 1907 trial.

    PubMed

    Pinta, Emil R

    2008-06-01

    In 1907, Harry K. Thaw, son of a railroad multi-millionaire, stood trial for shooting and killing architect Stanford White during the performance of a Broadway musical. The defense claimed that Thaw had experienced a "brain storm" causing temporary insanity. The brain-storm defense was ridiculed by professional groups, the public and the press. However, the defense experts were all respected leaders in their fields. They included five past or future presidents of the American Psychiatric Association and American Neurological Association. With no standard terminology in 1907, the much-maligned brain-storm diagnosis was in many respects an appropriate term for a sudden, drastic and temporary defect of reasoning having a physical cause. In spite of a strict test for mental nonresponsibility, the jury did not return a murder verdict.

  15. In the public interest: intellectual disability, the Supreme Court, and the death penalty.

    PubMed

    Abeles, Norman

    2010-11-01

    This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed.

  16. The defense of extreme emotional disturbance in New York County: pleas and outcomes.

    PubMed

    Kirschner, Stuart M; Galperin, Gary J

    2002-01-01

    A number of studies have investigated the use of the insanity defense; however, there are few reports on the use of other types of psychiatric defenses. This study explored the use of the affirmative psychiatric defense of extreme emotional disturbance (EED) in New York County (one of the five counties which comprise New York City). The results of the study indicate that, as in the case of the insanity defense, EED is rarely proffered by criminal defendants (plea rate 0.84%). The defense only prevailed on one occasion at a jury trial. While the EED defense was successful 39% of the time that it was entered, this was usually only when the prosecutor accepted the argument that was offered by the defense.

  17. Legal and ethical duties of the clinician treating a patient who is liable to be impulsively violent.

    PubMed

    Beck, J C

    1998-01-01

    This paper reviews published tort cases that arose after a patient impulsively hurt or killed someone. Plaintiffs alleged breach of the duty to protect (Tarasoff) or negligent release from hospital. There are sixteen cases involving a variety of facts and diagnoses. As a matter of law courts typically hold that impulsive violence is not foreseeable. One jury found a defendant negligent but that verdict was ultimately overturned. Statutes on duty to protect do not imply a duty to act on the fact patterns of impulsive violence in this sample. The author concludes that the ethical duty to do careful clinical work is essentially identical to the legal duty to use due care in these cases. The law imposes no additional burden on the clinician in these cases.

  18. Editor's note

    NASA Astrophysics Data System (ADS)

    2005-11-01

    Nordita, the Nordic Institute for Theoretical Physics, was founded in 1957 by Niels Bohr and Torsten Gustafsson at Blegdamsvej in Copenhagen, joint to Bohr's legendary Institute. Today, memories of Bohr and his famous visitors -- Albert Einstein, Werner Heisenberg, Lev Landau and many others -- strongly contribute to Nordita's genius loci and inspire next generations of her visitors. Nordita awards ``Nordic Project'' grants to individual Nordic physicists to help conduct a world-class research in Nordic countries (Denmark, Finland, Island, Norway, and Sweden). Research reported here was generously supported by the Nordic Project "Quasi Periodic Oscillations in Black Hole and Neutron Star sources" awarded in 2005 to Marek Abramowicz. The Project supported the ``Nordita Workdays on QPO" (March 25 -- April 1, 2005) organized by Marek Abramowicz, Axel Brandenburg and Juri Poutanen with help of Hanne Bergen, Helle http://www.nordita.dk/positions/norproject.html

  19. Editorial

    NASA Astrophysics Data System (ADS)

    Caulfield, H. J.

    1982-12-01

    Your editor was fortunate to have an interview with the man who, along with Emmett Leith and Juris Upatnieks at the University of Michigan, was responsible for the rebirth of holography in the early 1960s. Professor Denisyuk is seldom seen in the West so I would like to share parts of the conversation that I had with him at the Volvilov Optical Institute, Leningrad, this October 1982. He is a vigorous and enthusiastic man with a great deal of personal charm. Our conversa-tions were of special interest to me because they supported my suspicion that truly great scientists are not merely smarter and harder working than the rest of us, but also are skilled at formulating both questions and answers in starkly simple ways.

  20. Renegotiating forensic cultures: between law, science and criminal justice.

    PubMed

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law.

  1. Baseball bats and chocolate chip cookies: the judicial treatment of DNA in the myriad genetics litigation.

    PubMed

    Binnie, Ian; Park-Thompson, Vanessa

    2015-06-01

    In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are "products of nature" and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it. PMID:25524722

  2. FDA preemption of drug and device labeling: who should decide what goes on a drug label?

    PubMed

    Valoir, Tamsen; Ghosh, Shubha

    2011-01-01

    The Supreme Court decided an issue that is critical to consumer health and safety last year. In April 2009, the Supreme Court held that extensive FDA regulation of drugs did not preempt a state law claim that an additional warning on the label was necessary to make the drug reasonably safe for use. Thus, states--and even courts and juries--are now free to cast their vote on what a drug label should say. This is in direct contrast to medical devices, where the federal statute regulating medical devices expressly provides that state regulations are preempted. This Article discusses basic preemption principles and drugs, and explores the policy ramifications of pro- and anti-preemption policy in the healthcare industry.

  3. The silence of the unblown whistle: the Nevada hepatitis C public health crisis.

    PubMed

    Leary, Elizabeth; Diers, Donna

    2013-03-01

    In 2008, one of the worst public health crises occurred in the state of Nevada, where authorities discovered up to 63,000 patients were potentially exposed to hepatitis C infection, largely due to substandard infection control and other negligent practices at two endoscopy clinics in Las Vegas. In the subsequent grand jury proceedings that followed, it was discovered that several clinic employees not only participated in these egregious practices, but doctors, nurses, and other health care professionals witnessed yet failed to report these incidents, largely due to fears of whistleblower retaliation. In response, the Nevada state legislature attempted to strengthen whistleblower protection laws, but it remains unclear if such laws actually protect employees who attempt to report patient safety concerns. As the push for quality patient outcomes becomes more prominent with health care reform, whistleblower concerns must be effectively addressed to ensure that health care professionals can report patient safety concerns without fear of retaliation. PMID:23483090

  4. North Carolina court affirms conviction of HIV-positive rapist.

    PubMed

    1999-03-01

    The North Carolina Court of Appeals upheld the conviction of [name removed] [name removed], convicted of raping a 12-year-old girl. The defense had claimed that in admitting testimony about [name removed]'s AIDS diagnosis, the court prejudiced the jury against [name removed] was sentenced to 35 to 42.75 years in prison on the rape charge, and 22 to 32 months for an indecent liberties charge. Because of [name removed]'s HIV infection, indictments were made against him for attempted murder and assault with a deadly weapon. Those charges were dropped during the trial. The Court of Appeals refused to look into the case because the argument made in the appeal differed from the argument made at the original trial. The girl involved in the case received AZT prophylaxis following the rape and has not tested positive. PMID:11366398

  5. The process and criteria for diagnosing specific learning disorders: indications from the Consensus Conference promoted by the Italian National Institute of Health.

    PubMed

    Lorusso, Maria Luisa; Vernice, Mirta; Dieterich, Marina; Brizzolara, Daniela; Mariani, Enrica; De Masi, Salvatore; D'Angelo, Franca; Lacorte, Eleonora; Mele, Alfonso

    2014-01-01

    A Consensus Conference on Specific Learning Disorders has been promoted by the Italian National Institute of Health (Istituto Superiore di Sanità, ISS). The Consensus Conference consisted in a systematic review of the international literature addressing the issues of diagnosis, risk factors and prognosis, treatment, service delivery and organizational models for Specific Learning Disorders (reading, spelling/writing, calculation). Selected papers were examined by a group of Evaluators and then discussed by a Scientific and Technical Committee, whose conclusions were examined and approved by a Jury Panel. The part on diagnostic issues is presented here, encompassing a systematic discussion of the use and appropriateness of diagnostic criteria, parameters, tasks and psychometric indexes as illustrated in the literature, and providing recommendations for clinical practice. Special attention has been devoted to the collection, analysis and discussion of published data concerning languages with transparent orthography. Controversial issues such as discrepancy criteria, role of reading comprehension and importance of accuracy and fluency are discussed.

  6. Expert testimony and the effects of a biological approach, psychopathy, and juror attitudes in cases of insanity.

    PubMed

    Rendell, Jariel A; Huss, Matthew T; Jensen, Maren L

    2010-01-01

    Amid growing psychological controversy and legal interest surrounding the uses of PCL-R and biological evidence in the legal system, this mock jury study assessed the effects of PCL-R and biological evidence on outcomes in an insanity defense case. A sample of 428 undergraduates read a trial transcript of an insanity defense murder case. Three variables of interest were manipulated: rebuttal illness (no mental illness, personality disorder, or psychopathy), evidentiary basis (biological or psychological), and evidentiary strength (moderately strong or moderately weak). Consistent with the hypotheses, biological evidence was more persuasive than psychological evidence, and the rebuttal was slightly more successful when the prosecution labeled the defendant as a "psychopath" than when they described him simply as "not mentally ill."

  7. Defining and evaluating perceptions of victim blame in antigay hate crimes.

    PubMed

    Cramer, Robert J; Nobles, Matt R; Amacker, Amanda M; Dovoedo, Lisa

    2013-09-01

    Victimology research often hinges on attribution of blame toward victims despite a lack of conceptual agreement on the definition and measure of the construct. Drawing on established blame attribution and intent literature, the present study evaluates psychometric properties of the Perceptions of Victim Blame Scale (PVBS) using mock jury samples in a vignette-based capital murder antigay hate crime context. Factor analyses show support for a three-factor structure with the following perceptions of victim blame subscales: Malice, Recklessness, and Unreliability. All factors displayed expected positive associations with homonegativity and authoritarianism. Likewise, all factors displayed null relations with trait aggression and social desirability. Only the Malice factor predicted sentencing decisions after controlling for crime condition and support for the death penalty. Results are reviewed with respect to blame attribution theory and practical application of a revised PVBS.

  8. Internet comments as a barometer of public opinion

    NASA Astrophysics Data System (ADS)

    Oster, Elad; Gilad, Erez; Feigel, Alexander

    2015-07-01

    A new method is developed to estimate social influence in Internet communities that follow a specific developing news story. The technique stems from mean-field treatment of magnetic systems and provides a measure for community stability, such as the potential of a small perturbation to culminate in a phase-transition-like phenomenon. Three real cases of developing news stories from CNN news website are analyzed. Continuous dynamics of social influence together with time is observed together with a significant increase of social influence after the announcement of important information, such as the jury decision in a legal case. This work makes it possible to estimate the size of a group that can change the opinion of the entire population. We argue that Internet comments may predict the level of social response similar to a barometer that predicts the intensity of a coming storm in still calm environment.

  9. Tough on Crime? Pfizer and the CIHR

    PubMed Central

    Evans, Robert G.

    2010-01-01

    The appointment of Dr. Bernard Prigent, vice-president and medical director of Pfizer Canada, to the Governing Council of the Canadian Institutes of Health Research, outraged many Canadian health researchers. Pfizer has been a “habitual offender,” persistently engaging in illegal and corrupt marketing practices, bribing physicians and suppressing adverse trial results. Since 2002 the company and its subsidiaries have been assessed $3 billion in criminal convictions, civil penalties and jury awards. The $2.3-billion settlement in September 2009 – a month before Dr. Prigent's appointment – set a new record for both criminal fines and total penalties. A link with Pfizer might well advance the commercialization of Canadian research – unhindered by law or morality. Is that now the only mandate, Dr. Beaudet? PMID:21532766

  10. Can Jurors Recognize Missing Control Groups, Confounds, and Experimenter Bias in Psychological Science?

    PubMed Central

    McAuliff, Bradley D.; Kovera, Margaret Bull; Nunez, Gabriel

    2010-01-01

    This study examined the ability of jury-eligible community members (N = 248) to detect internal validity threats in psychological science presented during a trial. Participants read a case summary in which an expert testified about a study that varied in internal validity (valid, missing control group, confound, and experimenter bias) and ecological validity (high, low). Ratings of expert evidence quality and expert credibility were higher for the valid versus missing control group versions only. Internal validity did not influence verdict or ratings of plaintiff credibility and no differences emerged as a function of ecological validity. Expert evidence quality, expert credibility, and plaintiff credibility were positively correlated with verdict. Implications for the scientific reasoning literature and for trials containing psychological science are discussed. PMID:18587635

  11. The American compensation phenomenon.

    PubMed

    Bale, A

    1990-01-01

    In this article, the author defines the occupational safety and health domain, characterizes the distinct compensation phenomenon in the United States, and briefly reviews important developments in the last decade involving Karen Silkwood, intentional torts, and asbestos litigation. He examines the class conflict over the value and meaning of work-related injuries and illnesses involved in the practical activity of making claims and turning them into money through compensation inquiries. Juries, attributions of fault, and medicolegal discourse play key roles in the compensation phenomenon. This article demonstrates the extensive, probing inquiry through workers' bodies constituted by the American compensation phenomenon into the moral basis of elements of the system of production. PMID:2139638

  12. Baseball bats and chocolate chip cookies: the judicial treatment of DNA in the myriad genetics litigation.

    PubMed

    Binnie, Ian; Park-Thompson, Vanessa

    2014-12-18

    In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are "products of nature" and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it.

  13. The potential of dyslexic individuals in communication design education.

    PubMed

    Corlu, Muzaffer; Ozcan, Oğuzhan; Korkmazlar, Umran

    2007-01-01

    If dyslexic individuals have the ability to express themselves in different ways, particularly in the field of modern graphic design, would they be a favoured group in creating the extraordinary and outstanding ideas that are required in communication design? The study group consisted of 20 primary school dyslexics between ages of 7-12 and 20 non-dyslexics serving as a control group. A jury with four specialists evaluated the drawings gathered from the 40 participants. Even though we might not say surely that the dyslexics are the best possible candidates for communication design education, based on the statistical results we have concluded that they should be among the potential candidates for both general communication design education and for more specific minor study areas such as icon design. PMID:18430979

  14. Stellivore extraterrestrials? Binary stars as living systems

    NASA Astrophysics Data System (ADS)

    Vidal, Clément

    2016-11-01

    We lack signs of extraterrestrial intelligence (ETI) despite decades of observation in the whole electromagnetic spectrum. Could evidence be buried in existing data? To recognize ETI, we first propose criteria discerning life from non-life based on thermodynamics and living systems theory. Then we extrapolate civilizational development to both external and internal growth. Taken together, these two trends lead to an argument that some existing binary stars might actually be ETI. Since these hypothetical beings feed actively on stars, we call them "stellivores". I present an independent thermodynamic argument for their existence, with a metabolic interpretation of interacting binary stars. The jury is still out, but the hypothesis is empirically testable with existing astrophysical data.

  15. Resuscitation injuries complicating the interpretation of premortem trauma and natural disease in children.

    PubMed

    Plunkett, John

    2006-01-01

    Minor soft tissues injuries are common in both adults and children who have had cardiopulmonary resuscitation (CPR). Potentially life-threatening injuries are rare. The pre-arrest history in a resuscitated adult often assists the pathologist to interpret autopsy findings. In contrast, an infant or child may not have a reliable history. In this situation, it may be difficult if not impossible to distinguish resuscitation injuries from pre-existing accidental or inflicted trauma. I describe two children who had significant autopsy-documented injuries initially attributed to abuse. The State filed murder charges against the caretaker in each case. However, further history and review of the medical records suggested that resuscitation rather than pre-arrest trauma caused almost all of the injuries. The State dismissed the charges in the first case. A jury returned a "not guilty" verdict in the second. It is essential to consider the entire history and not just autopsy findings when performing a death investigation.

  16. What People Believe about How Memory Works: A Representative Survey of the U.S. Population

    PubMed Central

    Simons, Daniel J.; Chabris, Christopher F.

    2011-01-01

    Incorrect beliefs about the properties of memory have broad implications: The media conflate normal forgetting and inadvertent memory distortion with intentional deceit, juries issue verdicts based on flawed intuitions about the accuracy and confidence of testimony, and students misunderstand the role of memory in learning. We conducted a large representative telephone survey of the U.S. population to assess common beliefs about the properties of memory. Substantial numbers of respondents agreed with propositions that conflict with expert consensus: Amnesia results in the inability to remember one's own identity (83% of respondents agreed), unexpected objects generally grab attention (78%), memory works like a video camera (63%), memory can be enhanced through hypnosis (55%), memory is permanent (48%), and the testimony of a single confident eyewitness should be enough to convict a criminal defendant (37%). This discrepancy between popular belief and scientific consensus has implications from the classroom to the courtroom. PMID:21826204

  17. The Summer School Alpbach

    NASA Astrophysics Data System (ADS)

    Gitsch, Michaela; Manoharan, Periasamy K.

    2015-02-01

    Sixty young, highly qualified European science and engineering students converge annually for stimulating 10 days of work in the Austrian Alps. Four teams are formed, each of which designs a space mission, which are then judged by a jury of experts. Students learn how to approach the design of a satellite mission and explore new and startling ideas supported by experts. The Summer School Alpbach enjoys more than 30 years of tradition in providing in-depth teaching on different topics of space science and space technology, featuring lectures and concentrated working sessions on mission studies in self-organised working groups. The Summer School is organised by the Austrian Research Promotion Agency (FFG) and co-sponsored by the European Space Agency (ESA), the International Space Science Institute (ISSI), and the national space authorities of its member and cooperating states.

  18. The effects of harassment severity and organizational behavior on damage awards in a hostile work environment sexual harassment case.

    PubMed

    Cass, Stacie A; Levett, Lora M; Kovera, Margaret Bull

    2010-01-01

    Community members reporting for jury duty (N = 128) read a sexual harassment trial summary in which harassment severity and the organization's sexual harassment policy and response were manipulated. Jurors who read the severe harassment scenario were more likely to agree that the plaintiff had suffered and should be compensated for her suffering and that the organization should be punished than were jurors who read the mild harassment scenario. When the organization had and enforced a sexual harassment policy, jurors believed that the plaintiff had suffered little and the organization should not be punished compared with conditions in which the organization did not have an enforced sexual harassment policy. Harassment severity influenced jurors' compensatory awards, and organizational behavior influenced jurors' punitive awards. These results have implications for plaintiffs, who must decide whether to claim specific or garden-variety damages; organizations, which could create or modify sexual harassment policy to limit damages; and trial lawyers, who could tailor arguments to maximize or minimize awards.

  19. Assertions of "future dangerousness" at federal capital sentencing: rates and correlates of subsequent prison misconduct and violence.

    PubMed

    Cunningham, Mark D; Reidy, Thomas J; Sorensen, Jon R

    2008-02-01

    The federal prison disciplinary records of federal capital inmates (n=145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction =0.324, assaultive infraction =0.207, serious assault =0.09, assault with moderate injury =0.007, assault with major injuries or death =0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n=18,561), regardless of infraction severity. Government assertions of "future dangerousness" as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.

  20. Jurors' locus of control and defendants' attractiveness in death penalty sentencing.

    PubMed

    Beckham, Crystal M; Spray, Beverly J; Pietz, Christina A

    2007-06-01

    The authors examined the relationship between jurors' locus of control and defendants' attractiveness in death penalty sentencing. Ninety-eight participants voluntarily served as mock jurors. The authors administered J. B. Rotter's (1966) Internal-External Locus of Control Scale to participants and then randomly assigned them to a group with either an attractive or an unattractive defendant (represented by photographs). Participants read a murder vignette and selected a punishment--either a lifetime jail sentence or the death penalty-for the defendant. Results indicated that neither jurors' locus of control nor defendants' attractiveness influenced sentencing. However, jurors' age and gender significantly influenced sentencing. Men, with the exception of the youngest men, were more likely than women to choose the death penalty. Additionally, young women were more likely than older women to select the death penalty. The authors discuss the implications of these results for the study of jury behavior and bias.

  1. Commentary: Pursuing justice in death penalty trials.

    PubMed

    Watson, Clarence; Eth, Spencer; Leong, Gregory B

    2012-01-01

    The capital trial, by its nature, is fraught with emotionally disturbing elements that jurors must face when deciding the ultimate fate of a guilty defendant. A confluence of mitigating and aggravating factors influences a capital jury's decision to impose a sentence of death. The presence or absence of defendant remorse in these cases may make all the difference in whether a capital defendant's life is spared. This commentary examines the onerous emotional toll encountered by capital jurors in light of the findings of Corwin and colleagues regarding defendant remorse and juror's need for affect. The commentary also presents practical and ethics-related considerations that should be kept in mind when reflecting on their study.

  2. Religious characteristics and the death penalty.

    PubMed

    Miller, Monica K; Hayward, R David

    2008-04-01

    Using one mock trial scenario, this study investigated whether religious and demographic factors were related to death penalty attitudes and sentencing verdicts. Those who favored the death penalty differed from those who had doubts about the penalty in gender, affiliation, fundamentalism, evangelism, literal Biblical interpretism, beliefs about God's attitudes toward murders, and perceptions of how their religious groups felt about the death penalty. These relationships generally held after mock jurors were death qualified. Gender, fundamentalism, literal interpretism, beliefs about God's death penalty position, and perceptions of how one's religious group felt about the death penalty predicted death penalty sentencing verdicts. Future research could determine whether using peremptory challenges to exclude potential jurors based on religion can help lawyers choose a more favorable jury.

  3. Race and jurors' receptivity to mitigation in capital cases: the effect of jurors', defendants', and victims' race in combination.

    PubMed

    Brewer, Thomas W

    2004-10-01

    This paper examines the variation in receptivity to mitigation evidence by capital jurors as it varies by the race of the juror, defendant, and victim individually and in combination. Attitudinal and racial characteristics from 865 respondents in the Capital Jury Project were used in the analysis. Using a generalized form of multiple regression, the respondent's receptivity to mitigation evidence was predicted and changes in receptivity were calculated as the race of the main trial participants (juror, defendant, and victim) were varied. Statistical controls were put in place for gender of respondent; respondent's perception of the dangerousness of the defendant, heinousness of the crime, and view of the defense attorney; respondent's formation of a premature sentencing decision; and whether the trial took place in a southern state jurisdiction. Results indicate that Black jurors in cases where a Black is charged with killing a White victim are chiefly responsible for the observed variance in receptivity to mitigation.

  4. Predictors of verdict and punitive damages in high-stakes civil litigation.

    PubMed

    Vinson, Katherine V; Costanzo, Mark A; Berger, Dale E

    2008-01-01

    This research investigated demographic and attitudinal- psychological predictors of verdict and amount of punitive damages awarded in high-stakes civil litigation. Four hundred and forty-six surrogate jurors, selected to be representative of actual jurors, were exposed to realistic case presentations in insurance, tobacco, and pharmaceutical cases that were about to go to trial. Hierarchical regression revealed that perceptions of the existence of a litigation crisis predicted verdict in the tobacco and pharmaceutical cases after controlling for all other variables. Demographic variables predicted verdict and punitive damage awards only modestly and in different ways in the three cases. Need for cognition, strength of will and rationality, and a perception that there is a litigation crisis predicted the amount of punitive damages awarded in the tobacco case. Litigation crisis also predicted the amount of punitive damages awarded in the pharmaceutical case. Implications for jury selection are discussed.

  5. A comparison of retained and appointed counsel in cases of capital murder.

    PubMed

    Beck, J C; Shumsky, R

    1997-10-01

    We examined the role of counsel as a source of arbitrary and capricious sentencing in cases of capital murder. The method is a reanalysis of the data of Baldus, Woodworth, & Pulaski (1990) on 606 cases of capital murder in Georgia in the 1970s. Controlling for variables describing the character of the defendant and the circumstances of the crime, a death sentence was more likely when defense counsel was appointed rather than retained privately. This was a consequence primarily of the prosecutor's decision to seek a death sentence rather than jury bias in sentencing. Our data support the conclusion that sentencing under the Georgia statute was in the 1970s, and is today to some degree, arbitrary and capricious.

  6. The effect of the Psychopathy Checklist--Revised in capital cases: mock jurors' responses to the label of psychopathy.

    PubMed

    Cox, Jennifer; DeMatteo, David S; Foster, Elizabeth E

    2010-01-01

    Despite mixed empirical evidence regarding the ability of the Psychopathy Checklist - Revised (PCL-R) to predict violence among incarcerated inmates, it continues to be used to address such questions, even in the context of capital cases. The purpose of this study was to examine if the PCL-R has a prejudicial effect on mock jury members during the sentencing phase of a capital murder trial. Results indicated that participants were more likely to sentence the defendant to death when the defendant exhibited a high likelihood to commit future violence, whether or not the diagnostic label "psychopath" was present. Interestingly, when asked to rate the defendant's likelihood for future violence and murder, the defendant who was a high risk for future violence and not labeled a psychopath received the highest rating. These results suggest an absence of juror bias as it pertains to the label "psychopath" when sentencing a defendant in a capital murder case.

  7. Estimating the reliability of eyewitness identifications from police lineups.

    PubMed

    Wixted, John T; Mickes, Laura; Dunn, John C; Clark, Steven E; Wells, William

    2016-01-12

    Laboratory-based mock crime studies have often been interpreted to mean that (i) eyewitness confidence in an identification made from a lineup is a weak indicator of accuracy and (ii) sequential lineups are diagnostically superior to traditional simultaneous lineups. Largely as a result, juries are increasingly encouraged to disregard eyewitness confidence, and up to 30% of law enforcement agencies in the United States have adopted the sequential procedure. We conducted a field study of actual eyewitnesses who were assigned to simultaneous or sequential photo lineups in the Houston Police Department over a 1-y period. Identifications were made using a three-point confidence scale, and a signal detection model was used to analyze and interpret the results. Our findings suggest that (i) confidence in an eyewitness identification from a fair lineup is a highly reliable indicator of accuracy and (ii) if there is any difference in diagnostic accuracy between the two lineup formats, it likely favors the simultaneous procedure.

  8. Estimating the reliability of eyewitness identifications from police lineups

    PubMed Central

    Wixted, John T.; Mickes, Laura; Dunn, John C.; Clark, Steven E.; Wells, William

    2016-01-01

    Laboratory-based mock crime studies have often been interpreted to mean that (i) eyewitness confidence in an identification made from a lineup is a weak indicator of accuracy and (ii) sequential lineups are diagnostically superior to traditional simultaneous lineups. Largely as a result, juries are increasingly encouraged to disregard eyewitness confidence, and up to 30% of law enforcement agencies in the United States have adopted the sequential procedure. We conducted a field study of actual eyewitnesses who were assigned to simultaneous or sequential photo lineups in the Houston Police Department over a 1-y period. Identifications were made using a three-point confidence scale, and a signal detection model was used to analyze and interpret the results. Our findings suggest that (i) confidence in an eyewitness identification from a fair lineup is a highly reliable indicator of accuracy and (ii) if there is any difference in diagnostic accuracy between the two lineup formats, it likely favors the simultaneous procedure. PMID:26699467

  9. Lawyer fined for not disclosing client's HIV infection.

    PubMed

    1996-09-01

    [Name removed], handling the wrongful death lawsuit of a Massachusetts inmate, has been fined $15,000 because he did not disclose to the defense that the inmate was HIV-positive. Inmate [name removed], Jr. died after being beaten by police officers; he was refused medical care for the injuries. U.S. District Judge Mark L. Wolf alerted the jury as to [name removed]'s HIV status at the midpoint of a four-month trial. The jurors awarded [name removed]'s estate $435,000 plus legal fees. [Name removed] was fined for concealing evidence that was considered relevant to the trial but was not referred to the Massachusetts Board of Bar Overseers. Judge Wolf said that [name removed]'s conduct compromised the integrity of the trial. PMID:11363771

  10. Iterative experimental and virtual high-throughput screening identifies metabotropic glutamate receptor subtype 4 positive allosteric modulators

    PubMed Central

    Mueller, Ralf; Dawson, Eric S.; Niswender, Colleen M.; Butkiewicz, Mariusz; Hopkins, Corey R.; Weaver, C. David; Lindsley, Craig W.; Conn, P. Jeffrey; Meiler, Jens

    2013-01-01

    Activation of metabotropic glutamate receptor subtype 4 has been shown to be efficacious in rodent models of Parkinson’s disease. Artificial neural networks were trained based on a recently reported high throughput screen which identified 434 positive allosteric modulators of metabotropic glutamate receptor subtype 4 out of a set of approximately 155,000 compounds. A jury system containing three artificial neural networks achieved a theoretical enrichment of 15.4 when selecting the top 2% compounds of an independent test dataset. The model was used to screen an external commercial database of approximately 450,000 drug-like compounds. 1,100 predicted active small molecules were tested experimentally using two distinct assays of mGlu4 activity. This experiment yielded 67 positive allosteric modulators of metabotropic glutamate receptor subtype 4 that confirmed in both experimental systems. Compared to the 0.3% active compounds in the primary screen, this constituted an enrichment of 22 fold. PMID:22592386

  11. Commentary: Pursuing justice in death penalty trials.

    PubMed

    Watson, Clarence; Eth, Spencer; Leong, Gregory B

    2012-01-01

    The capital trial, by its nature, is fraught with emotionally disturbing elements that jurors must face when deciding the ultimate fate of a guilty defendant. A confluence of mitigating and aggravating factors influences a capital jury's decision to impose a sentence of death. The presence or absence of defendant remorse in these cases may make all the difference in whether a capital defendant's life is spared. This commentary examines the onerous emotional toll encountered by capital jurors in light of the findings of Corwin and colleagues regarding defendant remorse and juror's need for affect. The commentary also presents practical and ethics-related considerations that should be kept in mind when reflecting on their study. PMID:22396341

  12. In the public interest: intellectual disability, the Supreme Court, and the death penalty.

    PubMed

    Abeles, Norman

    2010-11-01

    This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PMID:21058775

  13. Defining and evaluating perceptions of victim blame in antigay hate crimes.

    PubMed

    Cramer, Robert J; Nobles, Matt R; Amacker, Amanda M; Dovoedo, Lisa

    2013-09-01

    Victimology research often hinges on attribution of blame toward victims despite a lack of conceptual agreement on the definition and measure of the construct. Drawing on established blame attribution and intent literature, the present study evaluates psychometric properties of the Perceptions of Victim Blame Scale (PVBS) using mock jury samples in a vignette-based capital murder antigay hate crime context. Factor analyses show support for a three-factor structure with the following perceptions of victim blame subscales: Malice, Recklessness, and Unreliability. All factors displayed expected positive associations with homonegativity and authoritarianism. Likewise, all factors displayed null relations with trait aggression and social desirability. Only the Malice factor predicted sentencing decisions after controlling for crime condition and support for the death penalty. Results are reviewed with respect to blame attribution theory and practical application of a revised PVBS. PMID:23686621

  14. Searching for Insight

    NASA Astrophysics Data System (ADS)

    Lynden-Bell, Donald

    2010-09-01

    Is space-time only brought into being by its energy content? The jury is still out, but other questions that have been with me for much of my life—giant black holes in galactic nuclei, the formation of the Galaxy, the connection between first-order phase transitions and negative specific heats, the cause of the large-scale flow of galaxies relative to the cosmic microwave background—have all received reasonable answers. I have found great fun in understanding the dynamical mechanisms underlying such phenomena as magnetohydrodynamic jets, relativistic disks, and the bars, spirals, and chemical evolution of galaxies. The great challenges for future astronomers will be the exploration of the 96% of the Universe now believed to be neither atomic nor baryonic but perhaps partially leptonic. However, most advances do not come via frontal attack but from “bread-and-butter” investigations in related areas where observation is possible today!

  15. Corruption case.

    PubMed

    1999-07-23

    A Federal jury in Puerto Rico found three defendants guilty of participating in the theft of $2.2 million in Federal funds from the San Juan AIDS Institute. The key figure in the case is [name removed], a consultant to the institute. He was convicted of 12 counts of money laundering and faces up to 25 years in prison. Two other administrative officials were also convicted in the case. Four others have pleaded guilty, and three more await trial. Rep. Jose Granados Navado was among those implicated; he received $100,000 for his campaign for mayor of San Juan in 1988 from the institute=s medical director. U.S. Rep. Tom Coburn (R-Okla.) has called for an audit of all Ryan White CARE Act funds since this scandal was uncovered.

  16. Can jurors recognize missing control groups, confounds, and experimenter bias in psychological science?

    PubMed

    McAuliff, Bradley D; Kovera, Margaret Bull; Nunez, Gabriel

    2009-06-01

    This study examined the ability of jury-eligible community members (N = 248) to detect internal validity threats in psychological science presented during a trial. Participants read a case summary in which an expert testified about a study that varied in internal validity (valid, missing control group, confound, and experimenter bias) and ecological validity (high, low). Ratings of expert evidence quality and expert credibility were higher for the valid versus missing control group versions only. Internal validity did not influence verdict or ratings of plaintiff credibility and no differences emerged as a function of ecological validity. Expert evidence quality, expert credibility, and plaintiff credibility were positively correlated with verdict. Implications for the scientific reasoning literature and for trials containing psychological science are discussed.

  17. Spherical photography and virtual tours for presenting crime scenes and forensic evidence in new zealand courtrooms.

    PubMed

    Tung, Nicole D; Barr, Jason; Sheppard, Dion J; Elliot, Douglas A; Tottey, Leah S; Walsh, Kevan A J

    2015-05-01

    The delivery of forensic science evidence in a clear and understandable manner is an important aspect of a forensic scientist's role during expert witness delivery in a courtroom trial. This article describes an Integrated Evidence Platform (IEP) system based on spherical photography which allows the audience to view the crime scene via a virtual tour and view the forensic scientist's evidence and results in context. Equipment and software programmes used in the creation of the IEP include a Nikon DSLR camera, a Seitz Roundshot VR Drive, PTGui Pro, and Tourweaver Professional Edition. The IEP enables a clear visualization of the crime scene, with embedded information such as photographs of items of interest, complex forensic evidence, the results of laboratory analyses, and scientific opinion evidence presented in context. The IEP has resulted in significant improvements to the pretrial disclosure of forensic results, enhanced the delivery of evidence in court, and improved the jury's understanding of the spatial relationship between results.

  18. Understanding juror perceptions of forensic evidence: investigating the impact of case context on perceptions of forensic evidence strength.

    PubMed

    Smith, Lisa L; Bull, Ray; Holliday, Robyn

    2011-03-01

    The most widely accepted model of juror decision making acknowledges the importance of both the case-specific information presented in the courtroom, as well as the prior general knowledge and beliefs held by each juror. The studies presented in this paper investigated whether mock jurors could differentiate between evidence of varying strengths in the absence of case information and then followed on to determine the influence that case context (and therefore the story model) has on judgments made about the strength of forensic DNA evidence. The results illustrated that mock jurors correctly identified various strengths of evidence when it was not presented with case information; however, the perceived strength of evidence was significantly inflated when presented in the context of a criminal case, particularly when the evidence was of a weak or ambiguous standard. These findings are discussed in relation to the story model, and the potential implications for real juries.

  19. Living With Earthquakes in California: A Survivor's Guide

    NASA Astrophysics Data System (ADS)

    Grant, Lisa B.

    I write this review from a California government building in a roomful of somber, frightened strangers with armed sheriffs guarding the door. We are prohibited from leaving. A state of emergency has been declared, the airports are closed, the burly man next to me is tearing up, and all I can think of is getting home to my loved ones. What are the odds of being trapped in a jury room with armed guards and a television set, watching the collapse of the World Trade Center Towers and the smoking Pentagon? What are the odds of being trapped in a building, thinking of loved ones, as the Earth shakes, the furniture dances, and the ceiling falls when the long-awaited ‘Big One’ finally hits California? The analogy is sobering.

  20. On the presumption of evidentiary independence: can confessions corrupt eyewitness identifications?

    PubMed

    Hasel, Lisa E; Kassin, Saul M

    2009-01-01

    A confession is potent evidence, persuasive to judges and juries. Is it possible that a confession can also affect other evidence? The present study tested the hypothesis that a confession will alter eyewitnesses' identification decisions. Two days after witnessing a staged theft and making an identification decision from a lineup that did not include the thief, participants were told that certain lineup members had confessed or denied guilt during a subsequent interrogation. Among those participants who had made a selection but were told that another lineup member confessed, 61% changed their identifications. Among those participants who had not made an identification, 50% went on to select the confessor when his identity was known. These findings challenge the presumption in law that different forms of evidence are independent and suggest an important overlooked mechanism by which innocent confessors are wrongfully convicted: Potentially exculpatory evidence is corrupted by a confession itself.

  1. An Introduction to Medical Malpractice in the United States

    PubMed Central

    2008-01-01

    Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering. PMID:19034593

  2. “Everyone knew but no one had proof”: tobacco industry use of medical history expertise in US courts, 1990–2002

    PubMed Central

    Proctor, Robert N

    2006-01-01

    Historians have played an important role in recent tobacco litigation, helping the industry with its defence of “common knowledge” and “open controversy”. Historians re‐narrate the past, creating an account for judges and juries that makes it appear that “everyone has always known” that cigarettes are harmful, meaning that smokers have only themselves to blame for their illnesses. Medical historians are also employed to argue that “honest doubts” persisted in the medical community long past the 1950s, justifying as responsible the industry's longstanding claim of “no proof” of hazards. The industry's experts emphasise the “good science” supported by the industry, and ignore the industry's role in spreading doubts about the reality of tobacco hazards. PMID:17130619

  3. A. Lincoln, esquire defends the murderer of a physician.

    PubMed

    Spiegel, Allen D; Kavaler, Florence

    2005-08-01

    After only about a year of law practice, Abraham Lincoln participated in his first murder trial. Dr. Jacob M. Early was shot and killed in a bitter political imbroglio. Lincoln joined a defense team of highly accomplished litigators. Despite his having the least legal experience, he was selected to give the defense summation. In his argument, he spoke to the jury in a conversational tone making his point that Dr. Early had a deadly weapon in his hands, namely an upraised wooden chair, when he was shot. His self-defense plea indicated that Henry B. Truett, the defendant, truly believed that he was in danger of being crushed by the upraised chair. Interestingly, Lincoln knew both the defendant and the murdered physician. He handled litigation for the former and served in the Black Hawk War under the command of the latter. Furthermore Lincoln knew at least five of the jurors.

  4. Special report. Drug theft from hospital pharmacies: lessons from the 'Syracuse scam'.

    PubMed

    1996-10-01

    Theft and drug diversion by employees from hospital pharmacies pose increasing security concerns for institutions as evidenced by the indictment in May 1996 by an Onondaga County, Syracuse, NY, grand jury of four men--one an associate hospital pharmacy director--on charges relating to the theft and resale of more than $3 million in prescription drugs from two Syracuse hospitals over an eight-year period. The drugs were used to treat cancer patients. In this report, we'll give you in-depth details of what was stolen and how it was stolen. We'll present some advice from experts on how to prevent your hospital from becoming vulnerable to such large-scale losses. And we'll give you insight into a vast black market that may indicate that what took place at the two Syracuse hospitals may not be an isolated occurrence.

  5. The Consequences of Official Labels: An Examination of the Rights Lost by the Mentally Ill and Mentally Incompetent Since 1989.

    PubMed

    Walker, Andrea M; Klein, Michael S; Hemmens, Craig; Stohr, Mary K; Burton, Velmer S

    2016-04-01

    This study presents a survey of state statutes which restrict the civil rights of persons with a mental illness or who have been declared mentally incompetent. Five civil rights (voting, holding public office, jury service, parenting, and marriage) are examined. The results of this study are compared with the results of studies conducted in 1989 and 1999 to determine what changes have occurred over time in the restriction of civil rights of those suffering from mental health problems. This comparison reveals that states continue to restrict the rights of the mentally ill and incompetent, and that there is a trend towards increased restriction of political rights, including the right to vote and hold public office.

  6. A Review of Darcy's Law: Limitations and Alternatives for Predicting Solute Transport

    NASA Astrophysics Data System (ADS)

    Steenhuis, Tammo; Kung, K.-J. Sam; Jaynes, Dan; Helling, Charles S.; Gish, Tim; Kladivko, Eileen

    2016-04-01

    Darcy's Law that was derived originally empirically 160 years ago, has been used successfully in calculating the (Darcy) flux in porous media throughout the world. However, field and laboratory experiments have demonstrated that the Darcy flux employed in the convective disperse equation could only successfully predict solute transport under two conditions: (1) uniformly or densely packed porous media; and (2) field soils under relatively dry condition. Employing the Darcy flux for solute transport in porous media with preferential flow pathways was problematic. In this paper we examine the theoretical background behind these field and laboratory observations and then provide an alternative to predict solute movement. By examining the characteristics of the momentum conservation principles on which Darcy's law is based, we show under what conditions Darcy flux can predict solute transport in porous media of various complexity. We find that, based on several case studies with capillary pores, Darcy's Law inherently merges momentum and in that way erases information on pore-scale velocities. For that reason the Darcy flux cannot predict flow in media with preferential flow conduits where individual pore velocities are essential in predicting the shape of the breakthrough curve and especially "the early arrival" of solutes. To overcome the limitations of the assumption in Darcy's law, we use Jury's conceptualization and employ the measured chemical breakthrough curve as input to characterize the impact of individual preferential flow pathways on chemical transport. Specifically, we discuss how best to take advantage of Jury's conceptualization to extract the pore-scale flow velocity to accurately predict chemical transport through soils with preferential flow pathways.

  7. Law meant for smokers helps gay lawyer win bias suit.

    PubMed

    1995-12-29

    The Colorado Court of Appeals upheld a jury's verdict that [name removed]. [Name removed] was fired illegally because of his employer's dislike of homosexuals and people with AIDS. [Name removed], an attorney, kept his sexual orientation from his employer, the Denver, CO law firm of [name removed] & [name removed]. Upon learning that his companion had AIDS, [name removed] revealed his sexual status to [name removed], senior partner for the law firm, and asked for personal leave. When [name removed] returned to work, everyone in the office was aware of [name removed]'s sexual orientation and his partner's illness. [Name removed] terminated [name removed] five days later. [Name removed] sued for wrongful termination, citing a 1990 Colorado smoker's rights law which declares that employers may not dismiss a worker who engages in lawful activity off the employer's premises during nonworking hours. [Name removed] refused a $75,000 out-of-court settlement. When the case went to trial, a Denver jury awarded [name removed] more than $90,000. Denver District Court Judge J. Stephen Phillips denied [name removed]'s request for costs and attorneys fees. Both parties turned to the Court of Appeals, which not only sustained the verdict and damage award, but also ruled that [name removed] was entitled to recover legal costs and fees. The court upheld [name removed]'s claim of invasion of privacy, and rejected [name removed]'s assertion that telling associates, co-workers, and support staff about [name removed]'s health status did not amount to publicizing it.

  8. What has changed after the Morioka consensus conference 2014 on laparoscopic liver resection?

    PubMed Central

    2016-01-01

    The 2nd International Consensus Conference on Laparoscopic Liver Resection (ICCLLR) was held 4th–6th October, 2014, in Morioka, Japan. The level of evidence appears to be low in the field of laparoscopic liver resection (LLR) to create strong recommendations. Therefore, an independent jury-based consensus model was applied to better define the current role of LLR and to develop internationally accepted recommendations. The three-day conference was very intense with full of insightful discussions on assessment of LLR and its future directions. The jury drew the statements based on the presentations and documents prepared by the expert. LLR is theoretically superior to open liver resection (OLR) because the laparoscope allows better exposure with a magnified view, and the pneumoperitoneum pressure reduces hepatic vein bleeding from the cut surface. During the ICCLLR, we shared these theoretical advantages in LLR and the conceptual change of liver resection. After the ICCLLR, a couple of important studies have been published to prove this theoretical superiority of LLR over OLR in short-term outcomes without deteriorating long-term outcomes. Another new concept was proposed at the ICCLLR: parenchyma sparing (limited) anatomical resection. Review of the literature supports anatomical resection with parenchyma sparing strategy for LLR irrespective of hepatocellular carcinoma (HCC) and colorectal liver metastasis (CRLM). Just after the ICCLLR, sensational news of clustered mortality after LLR was reported in the Japanese media and they impacted on daily practice of LLR in Japan. The most important message from the ICCLLR is to protect patients from this new surgical procedure. The ICCLLR recommended three actions for the protection of patients: (I) prospective reporting registry for transparency; (II) a difficulty scoring system to select patients; (III) creation of a formal structure of education. The online prospective registry system including items to calculate the

  9. What has changed after the Morioka consensus conference 2014 on laparoscopic liver resection?

    PubMed

    Wakabayashi, Go

    2016-08-01

    The 2(nd) International Consensus Conference on Laparoscopic Liver Resection (ICCLLR) was held 4(th)-6(th) October, 2014, in Morioka, Japan. The level of evidence appears to be low in the field of laparoscopic liver resection (LLR) to create strong recommendations. Therefore, an independent jury-based consensus model was applied to better define the current role of LLR and to develop internationally accepted recommendations. The three-day conference was very intense with full of insightful discussions on assessment of LLR and its future directions. The jury drew the statements based on the presentations and documents prepared by the expert. LLR is theoretically superior to open liver resection (OLR) because the laparoscope allows better exposure with a magnified view, and the pneumoperitoneum pressure reduces hepatic vein bleeding from the cut surface. During the ICCLLR, we shared these theoretical advantages in LLR and the conceptual change of liver resection. After the ICCLLR, a couple of important studies have been published to prove this theoretical superiority of LLR over OLR in short-term outcomes without deteriorating long-term outcomes. Another new concept was proposed at the ICCLLR: parenchyma sparing (limited) anatomical resection. Review of the literature supports anatomical resection with parenchyma sparing strategy for LLR irrespective of hepatocellular carcinoma (HCC) and colorectal liver metastasis (CRLM). Just after the ICCLLR, sensational news of clustered mortality after LLR was reported in the Japanese media and they impacted on daily practice of LLR in Japan. The most important message from the ICCLLR is to protect patients from this new surgical procedure. The ICCLLR recommended three actions for the protection of patients: (I) prospective reporting registry for transparency; (II) a difficulty scoring system to select patients; (III) creation of a formal structure of education. The online prospective registry system including items to calculate

  10. From mental health professional to expert witness: testifying in court.

    PubMed

    Bank, S C

    1996-01-01

    Our democratic principles rest on the belief that truth is discovered through the fair and open combat of ideas in a court of law. When mental health professionals participate in this adversary process as expert witnesses, it is essential for them to understand that attorneys will attempt to impeach their credibility. Mental health professionals who appreciate the spirit and mechanics of courtroom communication will be best prepared to protect the integrity of their testimony. The courtroom communications model provides experts with a conceptual framework utilizing three components: the speaker is the expert, the message is testimony, and the audience is the judge or jury. Within the structure of this model, communication principles from social psychology can be used to enhance the clarity of testimony and to prevent attorneys from distorting the expert's opinions. First and foremost, expert witness testimony must be formulated upon accepted scholarly and ethical standards. To establish credibility, experts must appear knowledgeable and trustworthy to the judge and jury. The expert must come to court prepared for both direct examination and cross-examination; know when to emphasize logic or emotion, tailor speech in order to reach the maximum number of jurors, and remain nondefensive by projecting the same demeanor regardless of which side is conducting the examination. The role of the expert witness is forever changing because the judicial system--like the mental health field--continues to evolve. Although the adversary process has undergone dramatic changes over the past eight hundred years, historical vestiges continue to echo throughout our courtrooms. Today, expert witnesses are the champions of victims and the accused. Legal disputes are increasingly being decided by the battle of the experts who must undergo the ordeal of cross-examination. When you consider the brutality of ancient ordeals, responding to attorneys armed with questions may not seem so

  11. Extracorporeal life support for patients with acute respiratory distress syndrome: report of a Consensus Conference

    PubMed Central

    2014-01-01

    The influenza H1N1 epidemics in 2009 led a substantial number of people to develop severe acute respiratory distress syndrome and refractory hypoxemia. In these patients, extracorporeal membrane oxygenation was used as rescue oxygenation therapy. Several randomized clinical trials and observational studies suggested that extracorporeal membrane oxygenation associated with protective mechanical ventilation could improve outcome, but its efficacy remains uncertain. Organized by the Société de Réanimation de Langue Française (SRLF) in conjunction with the Société Française d’Anesthésie et de Réanimation (SFAR), the Société de Pneumologie de Langue Française (SPLF), the Groupe Francophone de Réanimation et d’Urgences Pédiatriques (GFRUP), the Société Française de Perfusion (SOFRAPERF), the Société Française de Chirurgie Thoracique et Cardiovasculaire (SFCTV) et the Sociedad Española de Medecina Intensiva Critica y Unidades Coronarias (SEMICYUC), a Consensus Conference was held in December 2013 and a jury of 13 members wrote 65 recommendations to answer the five following questions regarding the place of extracorporeal life support for patients with acute respiratory distress syndrome: 1) What are the available techniques?; 2) Which patients could benefit from extracorporeal life support?; 3) How to perform extracorporeal life support?; 4) How and when to stop extracorporeal life support?; 5) Which organization should be recommended? To write the recommendations, evidence-based medicine (GRADE method), expert panel opinions, and shared decisions taken by all the thirteen members of the jury of the Consensus Conference were taken into account. PMID:24936342

  12. Are models, uncertainty, and dispute resolution compatible?

    NASA Astrophysics Data System (ADS)

    Anderson, J. D.; Wilson, J. L.

    2013-12-01

    Models and their uncertainty often move from an objective use in planning and decision making into the regulatory environment, then sometimes on to dispute resolution through litigation or other legal forums. Through this last transition whatever objectivity the models and uncertainty assessment may have once possessed becomes biased (or more biased) as each party chooses to exaggerate either the goodness of a model, or its worthlessness, depending on which view is in its best interest. If worthlessness is desired, then what was uncertain becomes unknown, or even unknowable. If goodness is desired, then precision and accuracy are often exaggerated and uncertainty, if it is explicitly recognized, encompasses only some parameters or conceptual issues, ignores others, and may minimize the uncertainty that it accounts for. In dispute resolution, how well is the adversarial process able to deal with these biases? The challenge is that they are often cloaked in computer graphics and animations that appear to lend realism to what could be mostly fancy, or even a manufactured outcome. While junk science can be challenged through appropriate motions in federal court, and in most state courts, it not unusual for biased or even incorrect modeling results, or conclusions based on incorrect results, to be permitted to be presented at trial. Courts allow opinions that are based on a "reasonable degree of scientific certainty," but when that 'certainty' is grossly exaggerated by an expert, one way or the other, how well do the courts determine that someone has stepped over the line? Trials are based on the adversary system of justice, so opposing and often irreconcilable views are commonly allowed, leaving it to the judge or jury to sort out the truth. Can advances in scientific theory and engineering practice, related to both modeling and uncertainty, help address this situation and better ensure that juries and judges see more objective modeling results, or at least see

  13. Juror stress.

    PubMed

    Hafemeister, T L

    1993-01-01

    That jurors may be harmed as a result of their carrying out their civic duties is receiving increased attention from the courts and the media (Sevilla & Beyers, 1990; Craver, 1993). The pilot tests reported here represent initial efforts to undertake a proactive project for identifying and mitigating the possible adverse effects of stress on jurors and to contribute to the understanding and treatment of secondary trauma for at-risk groups. In many ways juries are the black box of the legal system. Their decision-making process is typically shrouded in mystery. So that they may fully explore the issues and examine their consciences, jurors meet privately when reaching their decision and, beyond entering a verdict, are typically not required to provide the rationale for their verdict. Furthermore, jurors are often reluctant to discuss the bases for their verdicts after the trial is over and an unspoken code of honor may limit their willingness to critique their fellow jurors. Perhaps in part because we know so little about their decision-making process, as well as because of their intrinsic and symbolic importance to the legal system, there may be a tendency to take jurors for granted and to assume that they are relatively unaffected by their jury duties. Although jurors are expected to appear impassive and emotionally detached in court, for some trials it is only the rare individual who will not be emotionally moved by what he or she has seen and heard or by the gravity of the decision that is required. Several recent cases have provided a glimpse of what goes on within this black box and suggest that greater attention may need to be given to the needs of these jurors.

  14. The Psychology of Confessions: A Review of the Literature and Issues.

    PubMed

    Kassin, Saul M; Gudjonsson, Gisli H

    2004-11-01

    Recently, in a number of high-profile cases, defendants who were prosecuted, convicted, and sentenced on the basis of false confessions have been exonerated through DNA evidence. As a historical matter, confession has played a prominent role in religion, in psychotherapy, and in criminal law-where it is a prosecutor's most potent weapon. In recent years, psychologists from the clinical, personality, developmental, cognitive, and social areas have brought their theories and research methods to bear on an analysis of confession evidence, how it is obtained, and what impact it has on judges, juries, and other people. Drawing on individual case studies, archival reports, correlational studies, and laboratory and field experiments, this monograph scrutinizes a sequence of events during which confessions may be obtained from criminal suspects and used as evidence. First, we examine the preinterrogation interview, a process by which police target potential suspects for interrogation by making demeanor-based judgments of whether they are being truthful. Consistent with the literature showing that people are poor lie detectors, research suggests that trained and experienced police investigators are prone to see deception at this stage and to make false-positive errors, disbelieving people who are innocent, with a great deal of confidence. Second, we examine the Miranda warning and waiver, a process by which police apprise suspects of their constitutional rights to silence and to counsel. This important procedural safeguard is in place to protect the accused, but researchers have identified reasons why it may have little impact. One reason is that some suspects do not have the capacity to understand and apply these rights. Another is that police have developed methods of obtaining waivers. Indeed, innocent people in particular tend to waive their rights, naively believing that they have nothing to fear or hide and that their innocence will set them free. Third, we examine

  15. Voting for image scoring and assessment (VISA)--theory and application of a 2 + 1 reader algorithm to improve accuracy of imaging endpoints in clinical trials.

    PubMed

    Gottlieb, Klaus; Hussain, Fez

    2015-02-19

    Independent central reading or off-site reading of imaging endpoints is increasingly used in clinical trials. Clinician-reported outcomes, such as endoscopic disease activity scores, have been shown to be subject to bias and random error. Central reading attempts to limit bias and improve accuracy of the assessment, two factors that are critical to trial success. Whether one central reader is sufficient and how to best integrate the input of more than one central reader into one output measure, is currently not known.In this concept paper we develop the theoretical foundations of a reading algorithm that can achieve both objectives without jeopardizing operational efficiency We examine the role of expert versus competent reader, frame scoring of imaging as a classification task, and propose a voting algorithm (VISA: Voting for Image Scoring and Assessment) as the most appropriate solution which could also be used to operationally define imaging gold standards. We propose two image readers plus an optional third reader in cases of disagreement (2 + 1) for ordinary scoring tasks. We argue that it is critical in trials with endoscopically determined endpoints to include the score determined by the site reader, at least in endoscopy clinical trials. Juries with more than 3 readers could define a reference standard that would allow a transition from measuring reader agreement to measuring reader accuracy. We support VISA by applying concepts from engineering (triple-modular redundancy) and voting theory (Condorcet's jury theorem) and illustrate our points with examples from inflammatory bowel disease trials, specifically, the endoscopy component of the Mayo Clinic Score of ulcerative colitis disease activity. Detailed flow-diagrams (pseudo-code) are provided that can inform program design.The VISA "2 + 1" reading algorithm, based on voting, can translate individual reader scores into a final score in a fashion that is both mathematically sound (by avoiding

  16. Informing women about hormone replacement therapy: the consensus conference statement

    PubMed Central

    Mosconi, Paola; Donati, Serena; Colombo, Cinzia; Mele, Alfonso; Liberati, Alessandro; Satolli, Roberto

    2009-01-01

    Background The risks/benefits balance of hormone replacement therapy is controversial. Information can influence consumers' knowledge and behavior; research findings about hormone replacement therapy are uncertain and the messages provided by the media are of poor quality and incomplete, preventing a fully informed decision making process. We therefore felt that an explicit, rigorous and structured assessment of the information needs on this issue was urgent and we opted for the organisation of a national consensus conference (CC) to assess the current status of the quality of information on hormone replacement therapy (HRT) and re-visit recent research findings on its risks/benefits. Methods We chose a structured approach based on the traditional CC method combined with a structured preparatory work supervised by an organising committee (OC) and a scientific board (SB). The OC and SB chose the members of the CC's jury and appointed three multidisciplinary working groups (MWG) which were asked to review clinical issues and different aspects of the quality of information. Before the CC, the three MWGs carried out: a literature review on the risk/benefit profile of HRT and two surveys on the quality of information on lay press and booklets targeted to women. A population survey on women's knowledge, attitude and practice was also carried out. The jury received the documents in advance, listened the presentations during the two-day meeting of the CCs, met immediately after in a closed-door meeting and prepared the final document. Participants were researchers, clinicians, journalists as well as consumers' representatives. Results Key messages in the CC's deliberation were: a) women need to be fully informed about the transient nature of menopausal symptoms, about HRT risks and benefits and about the availability of non-pharmacological interventions; b) HRT is not recommended to prevent menopausal symptoms; c) the term "HRT" is misleading and "post menopausal hormone

  17. Investigation of in-vehicle speech intelligibility metrics for normal hearing and hearing impaired listeners

    NASA Astrophysics Data System (ADS)

    Samardzic, Nikolina

    The effectiveness of in-vehicle speech communication can be a good indicator of the perception of the overall vehicle quality and customer satisfaction. Currently available speech intelligibility metrics do not account in their procedures for essential parameters needed for a complete and accurate evaluation of in-vehicle speech intelligibility. These include the directivity and the distance of the talker with respect to the listener, binaural listening, hearing profile of the listener, vocal effort, and multisensory hearing. In the first part of this research the effectiveness of in-vehicle application of these metrics is investigated in a series of studies to reveal their shortcomings, including a wide range of scores resulting from each of the metrics for a given measurement configuration and vehicle operating condition. In addition, the nature of a possible correlation between the scores obtained from each metric is unknown. The metrics and the subjective perception of speech intelligibility using, for example, the same speech material have not been compared in literature. As a result, in the second part of this research, an alternative method for speech intelligibility evaluation is proposed for use in the automotive industry by utilizing a virtual reality driving environment for ultimately setting targets, including the associated statistical variability, for future in-vehicle speech intelligibility evaluation. The Speech Intelligibility Index (SII) was evaluated at the sentence Speech Receptions Threshold (sSRT) for various listening situations and hearing profiles using acoustic perception jury testing and a variety of talker and listener configurations and background noise. In addition, the effect of individual sources and transfer paths of sound in an operating vehicle to the vehicle interior sound, specifically their effect on speech intelligibility was quantified, in the framework of the newly developed speech intelligibility evaluation method. Lastly

  18. Rapid 3D video/laser sensing and digital archiving with immediate on-scene feedback for 3D crime scene/mass disaster data collection and reconstruction

    NASA Astrophysics Data System (ADS)

    Altschuler, Bruce R.; Oliver, William R.; Altschuler, Martin D.

    1996-02-01

    We describe a system for rapid and convenient video data acquisition and 3-D numerical coordinate data calculation able to provide precise 3-D topographical maps and 3-D archival data sufficient to reconstruct a 3-D virtual reality display of a crime scene or mass disaster area. Under a joint U.S. army/U.S. Air Force project with collateral U.S. Navy support, to create a 3-D surgical robotic inspection device -- a mobile, multi-sensor robotic surgical assistant to aid the surgeon in diagnosis, continual surveillance of patient condition, and robotic surgical telemedicine of combat casualties -- the technology is being perfected for remote, non-destructive, quantitative 3-D mapping of objects of varied sizes. This technology is being advanced with hyper-speed parallel video technology and compact, very fast laser electro-optics, such that the acquisition of 3-D surface map data will shortly be acquired within the time frame of conventional 2-D video. With simple field-capable calibration, and mobile or portable platforms, the crime scene investigator could set up and survey the entire crime scene, or portions of it at high resolution, with almost the simplicity and speed of video or still photography. The survey apparatus would record relative position, location, and instantly archive thousands of artifacts at the site with 3-D data points capable of creating unbiased virtual reality reconstructions, or actual physical replicas, for the investigators, prosecutors, and jury.

  19. Global-Scale Stellar Dynamos and Wreathes of Magnetism in Rapidly Rotating Suns Without Tachoclines

    NASA Astrophysics Data System (ADS)

    Brown, Benjamin

    2009-01-01

    When our sun was young it rotated much more rapidly than it currently does. Observations of young, rapidly rotating stars indicate that they possess substantial magnetic activity and strong axisymmetric magnetic fields. We conduct simulations of dynamo action in more rapidly rotating suns with the 3-D MHD anelastic spherical harmonic (ASH) code to explore the complex coupling between rotation, convection and magnetism. We find that substantial organized global-scale magnetic fields are achieved by dynamo action in these systems. Wreathes of magnetism are built in the midst of the convection zone, coexisting with the intensely turbulent convection. This is a great surprise, as many solar dynamo theories have indicated that a tachocline of penetration and shear at the base of the convection zone is a crucial ingredient for organized dynamo action, whereas these simulations do not include such tachoclines. The dynamos achieved in these rapidly rotating stars can undergo cycles of activity, with fields waxing and waning in strength and even changing polarity. This research was carried out with support by the NASA HelioPhysics Theory program and with additional support for Brown by the NASA GSRP program. This thesis research has been done in collaboration with Matthew K. Browning (CITA, Toronto), Allan Sacha Brun (CEA-Saclay, France), Mark S. Miesch (HAO, Boulder) and Juri Toomre (University of Colorado, Boulder).

  20. Murder must memorise.

    PubMed

    Brainerd, C J

    2013-05-01

    Memory reports usually provide the evidence that is most determinative of guilt or innocence in criminal proceedings-including in the most serious proceedings, capital murder trials. Thus memory research is bedrock science when it comes to the reliability of legal evidence, and expert testimony on such research is a linchpin of just verdicts. This principle is illustrated with a capital murder trial in which several of the most powerful forms of memory distortion were present (e.g., phantom recollections, robust interrogation methods that stimulate false self-incrimination). A key question before the jury, whether to regard the defendant's confession as true or false, turned on a theoretical principle that is used to explain memory distortion in the laboratory, the verbatim-gist distinction, and on research showing that it is possible to create false memories that embody the gist of experience. The scientific testimony focused on instances in which false gist memories had been created under controlled conditions (e.g., of having been lost in a mall, of receiving surgery for a fictitious injury), as well as on real-life examples of false memory for the gist experience (e.g., recovered memories of sexual abuse, alien abduction memories). The defendant was found innocent of capital murder. PMID:23638648

  1. Murder Must Memorize

    PubMed Central

    Brainerd, C. J.

    2013-01-01

    Memory reports usually provide the evidence that is most determinative of guilt or innocence in criminal proceedings—including in the most serious proceedings, capital murder trials. Thus, memory research is bedrock science when it comes to the reliability of legal evidence, and expert testimony on such research is a linchpin of just verdicts. This principle is illustrated with a capital murder trial in which several of the most powerful forms of memory distortion were present (e.g., phantom recollections, robust interrogation methods that stimulate false self-incrimination). A key question before the jury, whether to regard the defendant’s confession as true or false, turned on a theoretical principle that is used to explain memory distortion in the laboratory, the verbatim-gist distinction, and on research showing that it is possible to create false memories that embody the gist of experience. The scientific testimony focused on instances in which false gist memories had been created under controlled conditions (e.g., of having been lost in a mall, of receiving surgery for a fictitious injury), as well as on real-life examples of false memory for the gist experience (e.g., recovered memories of sexual abuse, alien abduction memories). The defendant was found innocent of capital murder. PMID:23638648

  2. The civilizing process in London's Old Bailey.

    PubMed

    Klingenstein, Sara; Hitchcock, Tim; DeDeo, Simon

    2014-07-01

    The jury trial is a critical point where the state and its citizens come together to define the limits of acceptable behavior. Here we present a large-scale quantitative analysis of trial transcripts from the Old Bailey that reveal a major transition in the nature of this defining moment. By coarse-graining the spoken word testimony into synonym sets and dividing the trials based on indictment, we demonstrate the emergence of semantically distinct violent and nonviolent trial genres. We show that although in the late 18th century the semantic content of trials for violent offenses is functionally indistinguishable from that for nonviolent ones, a long-term, secular trend drives the system toward increasingly clear distinctions between violent and nonviolent acts. We separate this process into the shifting patterns that drive it, determine the relative effects of bureaucratic change and broader cultural shifts, and identify the synonym sets most responsible for the eventual genre distinguishability. This work provides a new window onto the cultural and institutional changes that accompany the monopolization of violence by the state, described in qualitative historical analysis as the civilizing process.

  3. Current and future role of magnetically assisted gastric capsule endoscopy in the upper gastrointestinal tract

    PubMed Central

    Ching, Hey-Long; Hale, Melissa Fay; McAlindon, Mark Edward

    2016-01-01

    Capsule endoscopy first captivated the medical world when it provided a means to visualize the small bowel, which was previously out of endoscopic reach. In the subsequent decade and a half we continue to learn of the true potential that capsule endoscopy has to offer. Of particular current interest is whether capsule endoscopy has any reliable investigative role in the upper gastrointestinal tract. Much research has already been dedicated to enhancing the diagnostic and indeed therapeutic properties of capsule endoscopy. Specific modifications to tackle the challenges of the gut have already been described in the current literature. In the upper gastrointestinal tract, the capacious anatomy of the stomach represents one of many challenges that capsule endoscopy must overcome. One solution to improving diagnostic yield is to utilize external magnetic steering of a magnetically receptive capsule endoscope. Notionally this would provide a navigation system to direct the capsule to different areas of the stomach and allow complete gastric mucosal examination. To date, several studies have presented promising data to support the feasibility of this endeavour. However the jury is still out as to whether this system will surpass conventional gastroscopy, which remains the gold standard diagnostic tool in the foregut. Nevertheless, a minimally invasive and patient-friendly alternative to gastroscopy remains irresistibly appealing, warranting further studies to test the potential of magnetically assisted capsule endoscopy. In this article the authors would like to share the current state of magnetically assisted capsule endoscopy and anticipate what is yet to come. PMID:27134661

  4. An Undergraduate Course to Bridge the Gap between Textbooks and Scientific Research

    PubMed Central

    Wiegant, Fred; Scager, Karin; Boonstra, Johannes

    2011-01-01

    This article reports on a one-semester Advanced Cell Biology course that endeavors to bridge the gap between gaining basic textbook knowledge about cell biology and learning to think and work as a researcher. The key elements of this course are 1) learning to work with primary articles in order to get acquainted with the field of choice, to learn scientific reasoning, and to identify gaps in our current knowledge that represent opportunities for further research; 2) formulating a research project with fellow students; 3) gaining thorough knowledge of relevant methodology and technologies used within the field of cell biology; 4) developing cooperation and leadership skills; and 5) presenting and defending research projects before a jury of experts. The course activities were student centered and focused on designing a genuine research program. Our 5-yr experience with this course demonstrates that 1) undergraduate students are capable of delivering high-quality research designs that meet professional standards, and 2) the authenticity of the learning environment in this course strongly engages students to become self-directed and critical thinkers. We hope to provide colleagues with an example of a course that encourages and stimulates students to develop essential research thinking skills. PMID:21364103

  5. Mercy killing in neurology: The beginnings of neurology on screen (II).

    PubMed

    Wijdicks, Eelco F M; Karenberg, Axel

    2016-09-20

    The history of Neurocinema includes neuroethics, and this theme was first used in 2 films released in the 1940s in both Germany and the United States. Ich Klage An (I Accuse) is about "terminal" multiple sclerosis in a young woman and the decision to determine one's own fate. The protagonist anticipates becoming "deaf, blind, and idiotic" and asks her husband to administer a toxic drug dose, which he does. The film disturbingly suggests that the diagnosis of multiple sclerosis is tantamount to a death sentence. Ich Klage An (1941) played during the medical murders era ("Aktion T-4" program) but has few references to National Socialism, except for judges with Nazi emblems on their robes making a brief Nazi salute and a jury chamber with a bust of Hitler. Party leadership agreed that the film made a deep impression, but the intended effect on the viewing public is largely unknown. An Act of Murder (1948) involves another young woman with an inoperable brain tumor. When her condition worsens during a trip, her husband deliberately crashes the car, killing her but surviving himself. A subsequent trial finds that she died of an overdose rather than the crash. The trial judge dismisses the murder charge, but the film argues the morals of mercy killing. These films came out during the Nazi euthanasia program and founding of the Euthanasia Society of America in 1938. The choice of neurologic disease by these filmmakers and scriptwriters to defend euthanasia is remarkable. PMID:27647581

  6. Is programmed aging a cause for optimism?

    PubMed

    Mitteldorf, Josh

    2015-01-01

    Aging is now viewed as programmed under genetic control by a growing minority of evolutionary biologists, and a larger proportion of researchers in gerontology. The hypothesis of programmed aging has been regarded as encouraging for anti-aging science. Some mechanisms of programmed aging may present ready targets for medical interference [mitigation alleviation attenuation], while other kinds of programmed mechanism may yet prove to be refractory. The most promising possibility is that the machinery responsible for maintenance of the vibrant and youthful state of the body is never really lost, but de-commissioned by hormonal signals in the aging body; restoring a youthful signaling environment should then be sufficient to prompt the body to restore itself. But it is also possible that aging may be programmed in a way that does not facilitate anti-aging interventions. We identify two possible cases: In the first, the body is programmed to age via neglect rather than by affirmative self-destruction, so that damage is accumulating that the body is beyond the body's power to repair. In the second, aging is controlled by an epigenetic clock whose workings are so intricate as to be intractable for human mastery in the foreseeable future. There is substantial evidence that first of these is not a likely scenario, but the jury is still out on the second.

  7. Murder must memorise.

    PubMed

    Brainerd, C J

    2013-05-01

    Memory reports usually provide the evidence that is most determinative of guilt or innocence in criminal proceedings-including in the most serious proceedings, capital murder trials. Thus memory research is bedrock science when it comes to the reliability of legal evidence, and expert testimony on such research is a linchpin of just verdicts. This principle is illustrated with a capital murder trial in which several of the most powerful forms of memory distortion were present (e.g., phantom recollections, robust interrogation methods that stimulate false self-incrimination). A key question before the jury, whether to regard the defendant's confession as true or false, turned on a theoretical principle that is used to explain memory distortion in the laboratory, the verbatim-gist distinction, and on research showing that it is possible to create false memories that embody the gist of experience. The scientific testimony focused on instances in which false gist memories had been created under controlled conditions (e.g., of having been lost in a mall, of receiving surgery for a fictitious injury), as well as on real-life examples of false memory for the gist experience (e.g., recovered memories of sexual abuse, alien abduction memories). The defendant was found innocent of capital murder.

  8. Analysis of Severe Weather Events by Integration of Civil Protection Operation Data

    NASA Astrophysics Data System (ADS)

    Heisterkamp, Tobias; Kox, Thomas

    2015-04-01

    In Germany, winter storms belong to those natural hazards responsible for the largest damages (GDV 2014). This is a huge challenge for the civil protection, especially in metropolitan areas like Berlin. Nowadays, large-scale storm events are generally well predictable, but detailed forecasts on urban district or even street level are still out of range. Fire brigades, as major stakeholder covering severe weather consequences, operate on this small scale and in the whole area due to their juris-diction. For forensic investigation of disasters this presentation offers an additional approach by using the documentation of fire brigade operations as a new data source. Hazard dimensions and conse-quences of severe weather events are reconstructed via GIS-based analyses of these operations. Local case studies of recent storms are used as a comparison and as an additional information to three WMO weather stations in Berlin. Thus, hot spots of these selected events can be identified by operation site accumulations. Further indicators for Berlin are added to detect aspects that de-termine vulnerabilities. The conclusion discusses the potential of this approach as well as possible benefits of integration into warning systems.

  9. The sounds of a murder

    NASA Astrophysics Data System (ADS)

    Peppin, Richard J.

    2003-10-01

    Often engineers and lawyers cannot communicate, in spite of repeated attempts. The lawyer has an idea and wants the engineer to prove it in front of a jury. As examples: a quiet, or briefly loud source must be shown to cause hearing damage, or a construction project in a backyard must be shown to be nonannoying. Often it is a no brainer, either way. But the testimony must be given! In this paper, I discuss a sad case. A young woman and her baby daughter were murdered. A witness claimed she heard something in the dead of night. If so, it was further evidence of guilt of the accused. If not, it was evidence of the lack of credibility of the witness and helped show innocence. I present the results of a forensic investigation of a very brutal murder based on acoustics of the victims' screams, the structure housing the murder, and the witness. The results of the investigation attempted to help the case.

  10. Paradoxical justice: the case of Ian Tomlinson.

    PubMed

    Bray, Rebecca Scott

    2013-12-01

    On 1 April 2009, 47-year-old London newspaper vendor lan Tomlinson collapsed and died during the G20 protests in central London. The initial autopsy found death consistent with "natural causes". However, that finding was disputed after the public release of mobile phone video footage showing a police officer striking and pushing Tomlinson to the ground. The release of this footage changed the course of events in the case: further post-mortem examinations found blunt force trauma to Tomlinson's body; the Independent Police Complaints Commission launched a criminal investigation; and a coronial inquest opened that was presided over by public order policing expert Judge Peter Thornton QC. On 3 May 2011, a coronial jury delivered a verdict of "unlawful killing", finding police actions against Tomlinson "excessive and unreasonable". The Crown Prosecution Service then revised its decision not to prosecute the officer filmed striking and pushing Tomlinson, and on 19 July 2012 the officer was acquitted of manslaughter. This case highlights a number of key issues discussed in this article, including the symbolic and practical importance of open inquests in allaying suspicion and rumour; the ordeal of death investigation proceedings as obstacles to justice; and the seeming contra-indications for justice thrown up by divergent legal outcomes. In high-profile matters such as the Tomlinson case, these issues are further underscored by the "new publicity" around inquests in a multi-media digital age.

  11. How video image size interacts with evidence strength, defendant emotion, and the defendant-victim relationship to alter perceptions of the defendant.

    PubMed

    Heath, Wendy P; Grannemann, Bruce D

    2014-01-01

    Courtroom video presentations can range from images on small screens installed in the jury box to images on courtroom video monitors or projection screens. Does video image size affect jurors' perceptions of information presented during trials? To investigate this we manipulated video image size as well as defendant emotion level presented during testimony (low, moderate), the defendant-victim relationship (spouses, strangers), and the strength of the evidence (weak, strong). Participants (N=263) read a case and trial summary, watched video of defendant testimony, and then answered a questionnaire. Larger screens generally accentuated what was presented (e.g., made stronger evidence seem stronger and weaker evidence seem weaker), acting mainly upon trial outcome variables (e.g., verdict). Non-trial outcomes (e.g., defendant credibility) were generally affected by defendant emotion level and the defendant-victim relationship. Researchers and attorneys presenting video images need to recognize that respondents may evaluate videotaped trial evidence differently as a function of how video evidence is presented.

  12. High-pressure injection injury of the hand: an often underestimated trauma: case report with study of the literature

    PubMed Central

    Verhoeven, N.

    2008-01-01

    The real extent of damage in high-pressure injection injuries (grease gun injuries, paint gun injuries, pressure gun in juries) is hidden behind a small and frequently painless punctiform skin lesion on the finger or the hand. These kinds of injuries require prompt surgical intervention with surgical debridement of all ischemic tissue. Possibility of a general intoxication by the fluid must always be ruled out. Postoperative intensive physiotherapy is essential for the final hand function. The initial benign aspect is frequently causing a delay for an adequate treatment while in the mean time the possibility for subcutaneous damage continuously increases. Because of this delay the chance of permanent reduced functionality in the hand or finger amputation raises. Not only the latency time to adequate treatment but also the injected fluid’s nature, the pressure, the volume and the location of injection, has influence on the seriousness and extensiveness of subcutaneous damage. All these factors influence the functional outcome of the patient. PMID:18427921

  13. Total flavonoid of Litsea coreana leve exerts anti-oxidative effects and alleviates focal cerebral ischemia/reperfusion injury

    PubMed Central

    Dong, Shuying; Tong, Xuhui; Li, Jun; Huang, Cheng; Hu, Chengmu; Jiao, Hao; Gu, Yuchen

    2013-01-01

    In this study, we hypothesized that total flavonoid of Litsea coreana leve (TFLC) protects against focal cerebral ischemia/reperfusion injury. TFLC (25, 50, 100 mg/kg) was administered orally to a rat model of focal ischemia/reperfusion injury, while the free radical scavenging agent, edaravone, was used as a positive control drug. Results of neurological deficit scoring, 2,3,5-triphenyl tetrazolium chloride staining, hematoxylin-eosin staining and biochemical tests showed that TFLC at different doses significantly alleviated cerebral ischemia-induced neurological deficits and histopathological changes, and reduced infarct volume. Moreover, it suppressed the increase in the levels of nitrates plus nitrites, malondialdehyde and lactate dehydrogenase, and it diminished the reduction in gluta-thione, superoxide dismutase and catalase activities induced by cerebral ischemia/reperfusion in-jury. Compared with edaravone, the protective effects of TFLC at low and medium doses (25, 50 mg/kg) against cerebral ischemia/reperfusion injury were weaker, while the protective effects at high dose (100 mg/kg) were similar. Our experimental findings suggest that TFLC exerts neuroprotective effects against focal cerebral ischemia/reperfusion injury in rats, and that the effects may be asso-ciated with its antioxidant activities. PMID:25206640

  14. Do Jurors Get What They Expect? Traditional versus Alternative Forms of Children's Testimony

    PubMed Central

    McAuliff, Bradley D.; Kovera, Margaret Bull

    2011-01-01

    This study examined prospective jurors' expectancies for the verbal and nonverbal behavior of a child testifying in a sexual abuse case. Community members (N = 261) reporting for jury duty completed a survey in which they described their expectancies for how a child alleging sexual abuse would appear when testifying and their beliefs about discerning children's truthfulness, testimony stress, and fairness to trial parties. Within this survey, we varied the child's age (5, 10, or 15 years old), type of abuse alleged (vaginal fondling or penetration), and whether the abuse actually occurred (yes, no) between participants across five different testimony conditions (traditional live in-court, support person present, closed-circuit television, preparation, and videotape) within each participant. Participants expected a child providing traditional testimony to be more nervous, tearful, and fidgety; less confident, cooperative, and fluent; and to maintain less eye contact and provide shorter responses than when the child provided alternative forms of testimony. Participants believed it was easiest to determine a child's truthfulness and fairest to the defendant when the child testified live in court, but that this form of testimony was the most stressful and unfair to the child. Expectancies and beliefs differed within the alternative forms of testimony as well. Negative evaluations of children's alternative testimony may be the result of expectancy violation; namely, jurors expect differences in children's verbal and nonverbal behavior as a result of accommodation, but those differences actually do not occur. PMID:22523466

  15. GP could not be liable for specialist's negligence.

    PubMed

    Gregory, D R

    1979-03-01

    Thomas Bushman and Mrs. Bushman sued Dr. John Hall of the Burns Medical Center when Mrs. Bushman became pregnant after her husband had undergong a vasectomy. The child was born healthy. The Bushmans sued Dr. Hall and the clinic to recover damages for wrongful pregnancy allegedly resulting from negligence in performing the vasectomy. The Circuit Court of Michigan entered judgment for the defendants on the jury verdict, and the Bushmans appealed. The Court of Appeals of Michigan held that an action could be rightfully maintained for wrongful pregnancy, but that damages would be limited to the pain, suffering, and discomfort of the wife as a result of the pregnancy, the cost of the vasectomy, the husband's loss of comfort, companionship, services, and consortium of his wife arising from the pregnancy and immediately following the birth, and medical expenses incurred as the result of the pregnancy. The Appeals Court found that the trial court erred in relying on Troppi v. Scarf. The original court approved the defense theory that any damages incurred by plaintiff-parents should be offset by the benefits of having a healthy child. Before the trial the Bushmans had dropped their allegation of damages for the cost of raising the child and sued only for wrongful pregnancy. Thus, the benefits rule applied in Troppi should not have applied to a case that was not confined to the issue of wrongful life.

  16. Evaluation of facial divine proportion in North Indian Population

    PubMed Central

    Khan, Naseem Ahmad; Nagar, Amit; Tandon, Pradeep; Singh, Gulshan Kumar; Singh, Alka

    2016-01-01

    Objective: To evaluate the facial divine proportion and its relationship with facial attractiveness in North Indian population. Materials and Methods: For evaluation of various facial proportions, standardized frontal facial photographs of total 300 subjects between 18 and 30 years of age were obtained. Black and white copies of these photographs were presented in front of an evaluation jury for assigning scores of facial attractiveness and finally 130 attractive subjects were selected. These subjects were divided into two groups, Group I (attractive females n = 65) and Group II (attractive males n = 65) and they were further analyzed for various parameters of facial proportions. Unpaired Student's t-test was used to compare both groups. Results: Group I showed that five of seven vertical facial proportions were close to divine proportion (1.618) whereas only two vertical proportions in Group II were close to it. Transverse facial proportions in both groups deviated more from divine proportion (1.618) and were closer to silver proportion (1.414). Conclusions: Most of the facial proportions of attractive females in the North-Indian population were close to the divine proportion. Thus, facial divine proportion could be an important factor in the perception of facial attractiveness of North-Indian attractive females.

  17. One Country, Two Cultures: Are Hong Kong Mock Jurors "Mainlandized" by the Predominant Chinese Criminal Justice Concept of Confession?

    PubMed

    Hui, Cora Y T; Lo, T Wing

    2015-09-01

    Over-reliance on confession has had a long history in the Chinese criminal justice system. Recent high-profile wrongful conviction cases have raised public awareness of the coercive and torturous methods used to extract confessions. Despite the return of Hong Kong to Chinese sovereignty, Hong Kong remains a common law jurisdiction and the most serious criminal offences are tried by a jury. The present study empirically examines the relative impact of DNA evidence, confession, eyewitness testimony, and victim testimony in a Hong Kong-Chinese mock juror sample. The results show that the participants placed greater value on DNA evidence than on confession, and placed the lowest value on testimonial evidence. It is argued that the situation of "one country, two cultures" remains strong: Whereas participants are still influenced by the Chinese criminal justice concept of confession, their judgment is still predominately influenced by the scientific evidence as commonly practiced in the West. Thus, no solid evidence has been found to confirm the emergence of mainlandization in Hong Kong's criminal justice system. PMID:24670371

  18. THE EOS ART Projects: Six Art Projects Inspired by Earth Science

    NASA Astrophysics Data System (ADS)

    Kerlow, I.

    2015-12-01

    The six projects produced under the artists' residencies at the Earth Observatory of Singapore (EOS) were inspired by Earth science and by the human experience in naturally hazardous regions. These contemporary artworks were created within an interdisciplinary framework that fostered collaborations between artists and scientists. The EOS ART 2010-2013 was a pilot program that also facilitated the active engagement of regional artists with issues related to Earth science, sustainable societies, and innovative methods for science outreach. An interdisciplinary jury of art critics, curators and Earth scientists selected art projects proposed by regional artists, and funds were awarded to develop and realize the projects.The artworks-including installations, photographs, and video art-were showcased in the "Unearthed" public exhibit at the Singapore Art Museum from March to July of 2014. A 92-page catalog accompanied the show and public seminars about interdisciplinary connections complemented the event. This was a unique example of collaboration between scientific and artistic institutions in Southeast Asia.The presentation provides an overview of the motivations, process and accomplished results. The art projects include "Coastline" by Zhang Xiao (China), "Lupang" by Clara Balaguer and Carlos Casas (Philippines and Spain), "Sound of the Earth" by Chen Sai Hua Kuan (Singapore), "Sudden Nature" by Isaac Kerlow (Mexico/USA), "The Possibility of Knowing" by Robert Zhao Renhui (Singapore), and "When Need Moves the Earth" by Sutthirat Supaparinya (Thailand). http://art-science-media.com/the-eos-art-projects/

  19. Legal issues for blood banks.

    PubMed

    Bierig, J R

    1994-04-01

    This article first examines the standard of care applied by courts in litigation brought against blood banks by persons who contracted the acquired immunodeficiency syndrome (AIDS) from a transfusion. It describes cases that have held as a matter of law that a blood bank was not negligent if it followed the screening procedures recommended by the government and the medical profession at the time of the transfusion. The article also sets forth cases that have allowed the issue of alleged negligence by the blood bank to be decided by a jury--even if the blood bank complied with governing regulatory and professional guidelines. It analyzes the reasoning applied in each line of cases. It then discusses judicial approaches to applications of the statute of limitations in transfusion-transmitted AIDS cases. The second part of the article addresses AIDS-related confidentiality issues for blood banks. Specifically, it examines (a) record-keeping procedures that blood banks should consider and (b) approaches to informing donors that their identities may not be kept confidential. It provides general guidelines for blood banks on how to minimize exposure to liability for breach of confidentiality.

  20. The biasing effect of the "sexually violent predator" label on legal decisions.

    PubMed

    Scurich, Nicholas; Gongola, Jennifer; Krauss, Daniel A

    2016-01-01

    Public fear has driven legislation designed to identify and exclude sexual offenders from society, culminating in sexually violent predator (SVP) statutes, in which a sex offender who has served his prison sentence is hospitalized indefinitely if a jury determines that he is likely to reoffend as a result of a mental disorder. Jurors rarely vote not to commit a previously-convicted sex offender as an SVP. This study tests whether the mere label of "sexually violent predator" affects these legal decisions. Venire jurors (n=161) were asked to decide whether an individual who had been incarcerated for 16years should be released on parole. The individual was either labeled as a.) a sexually violent predator or b.) a convicted felon, and all other information was identical between the conditions. Jurors were over twice as likely to deny parole to the SVP compared to the felon, even though they did not consider him any more dangerous or any more likely to reoffend. Demographic variables did not moderate this finding. However, jurors' desire to 'get revenge' and to 'make the offender pay', as measured by Gerber and Jackson's (2013) Just Deserts Scale, did significantly relate to decisions to deny parole. These findings suggest that jurors' decisions in SVP hearings are driven by legally impermissible considerations, and that the mere label of "sexually violent predator" induces bias into the decision making process.

  1. The effects of regulation and litigation on a large for-profit nursing home chain.

    PubMed

    Harrington, Charlene; Stockton, Julie; Hooper, Sarah

    2014-08-01

    This article examines the effects of state regulation and civil class action litigation on corporate compliance with nurse staffing and quality standards, corporate strategies to manage staffing and quality, and corporate financial status of a large for-profit nursing home chain. A historical case study was used to examine multiple public data sources, focusing on facilities in California from 2003 to 2011 during and after regulatory actions and litigation. The results showed that the state issued numerous deficiencies for violations of the nurse staffing and quality standards with minimal impact on quality compliance with state law. A class action jury trial found that the chain violated the state's minimum staffing standard on one-third of the total days during a six-year period and awarded a $677 million verdict. A court settlement and supervised injunction resulted in compliance with minimum staffing and some improvement in quality measures, but quality levels remained below the average California facilities. The litigation also had some negative financial impact on Skilled Healthcare Group's California facilities and parent company. Civil litigation had more impact on the chain than the regulatory oversight.

  2. Thomas A. Scully and the Centers for Medicare and Medicaid Services. Interview by Kevin C. Park and Wanda Bishop.

    PubMed

    Scully, Thomas A

    2003-01-01

    Thomas A. Scully became the administrator of the Centers for Medicare and Medicaid Services (CMS; previously the Health Care Financing Administration) in 2001. Before that, he was the president and chief executive officer of the Federation of American Hospitals, the trade association representing the nation's 1,700 privately owned and managed community hospitals and health systems. Before joining the federation, Mr. Scully was a partner in the Washington, DC, law firm of Patton Boggs, LLP, where his practice focused on regulatory and legislative work in healthcare. Before joining the law firm, Mr. Scully worked at the White House as deputy assistant to the President and counselor to the director of the Office of Management and Budget (OMB) and as associate director of OMB for Human Resources, Veterans and Labor. In these positions, he oversaw the fiscal policy and regulatory review of the Departments of Health and Human Services, Education, Labor, and Veterans Affairs. He also advised former President Bush on healthcare policy and Medicare and Medicaid payment reform. Mr. Scully has served on the board of directors of Oxford Health Plans and of DaVita Corporation, two of the nation's largest healthcare service providers. Mr. Scully holds a Juris Doctor from Catholic University of America and a bachelor's degree from the University of Virginia. PMID:12879627

  3. Defense attorney plea recommendations and client race: does zealous representation apply equally to all?

    PubMed

    Edkins, Vanessa A

    2011-10-01

    Research on racism in the criminal justice system generally focuses on the role of the jury; yet, the vast majority of convictions are obtained through plea bargains. This research addresses the role of the defense attorney and proposes that disparities in sentence length and incarceration rates between African Americans and Caucasian Americans are in part due to the plea bargains that defense attorneys recommend these clients accept. Using practicing defense attorneys from around the country, findings indicate that the pleas attorneys felt they could obtain with a minority client contained higher sentences (adjusted M = 2.88) than those they felt they could obtain with a Caucasian client (adjusted M = 2.22) and were significantly more likely to include some jail time. Reasons for the disparate recommendations were not due to increased perceptions of guilt with the minority client nor to perceptions that the minority client would fare worse at trial. Theoretical and practical implications are discussed as well as possible future directions.

  4. Madness and care in the community: a medieval perspective.

    PubMed Central

    Roffe, D.; Roffe, C.

    1995-01-01

    Care in the community for insane people today is more a matter of expert provision than communal support. In consequence, although they are no longer confined to hospital, mentally ill people largely remain marginalised in a society that does not have the resources, nor often the inclination, to take responsibility for their care. The experience of insane people in medieval England seems to have been of a different order, as shown by a particularly well documented case dating from 1383. From the late 13th century congenital idiots were protected by law. Care of lunatics, by contrast, was primarily the responsibility of the family. However, where the family could not or was unwilling to provide, provision was made by the crown. Through the instrument of the inquisition, the diagnosis and social circumstances of each case were determined by commissioners in consultation with a local jury and all interested parties, including the subject himself or herself. The best interests of the subject remained a prime concern, and the settlement that was ordained was tried and enforced in law. The process was confined to those with real or personal estate, but it encompassed poor as well as rich and proved, through the close identity of the local community with the process, to be a sophisticated and effective mechanism for maintaining and sustaining insane people. Unlike today, care in the community was a communal activity that ensured a truly public provision for those who could not look after themselves. Images p1711-a Fig 1 PMID:8541770

  5. Does evidence really matter? An exploratory analysis of the role of evidence in plea bargaining in felony drug cases.

    PubMed

    Kutateladze, Besiki L; Lawson, Victoria Z; Andiloro, Nancy R

    2015-10-01

    The majority of cases in the United States are disposed of through plea bargaining; however, this important discretionary point has received relatively little attention from researchers compared with trial and jury proceedings, and other discretionary points such as arrest and sentencing. Additionally, although evidence is considered an important factor in determining case outcomes, its influence on prosecutors' decisions regarding plea offers is less clear. In this study, we examined the potential impact of evidentiary factors, as well as other legal and extralegal factors, on two plea bargaining decisions, plea-to-a-lesser-charge offers and sentence offers, using data on felony drug cases processed by the New York County District Attorney's office. We found that prosecutors made more punitive charge offers when they had audio/video evidence, eyewitness identification(s), prerecorded buy money used by an undercover officer in a buy-and-bust operation, or had recovered currency. Of all evidence factors analyzed, only the recovery of currency predicted sentence offers. By contrast, three other factors-defendants' detention status, the presence of multiple plea offers, and prior prison sentence-had a much greater impact on charge and sentence offers. Although additional research is needed, it is possible that evidence has a greater impact at the initial stages of a case, particularly on the decision about whether to accept a case for prosecution, than it does on subsequent prosecutorial decisions. PMID:26052630

  6. [Influence of feeding patterns on the development of teeth, dentition and jaw in children].

    PubMed

    Wang, Xiao-tong; Ge, Li-hong

    2015-02-18

    Breastfeeding has been recognized as the most natural and nutritious way of feeding babies. Besides the nutritional, immunological and emotional benefits, breastfeeding promotes a healthy stomatognathic system. First of all, the nutrients and minerals in maternal milk are easy to be absorbed by the infants, which contributes to the mineralization of the teeth, and suppress the propagation of bacteria on the teeth. Though the jury is still out on whether breastfeeding can prevent Early Childhood Caries (ECC), it is definite that we should pay attention to feeding at night and the oral hygiene of the babies. Secondly, the method of feeding is closely bound up with the development of dentition and jaw. Breast- and bottle-feeding involve different orofacial muscles, which possibly have different effects on the harmonic growth of maxilla and dental arches. Meanwhile, breathing, swallowing and mastication should be developing in harmony, and differences exist in the learning of the coordinated movement between breast feeding and bottle feeding children. Bottle feeding had been proved to be closely related with the non-nutritive sucking habits which can cause malocclusion. At last, it should be pointed out that breast feeding should be the only feeding source in the first 6 months of life, then supplementary foods should be added. And prolonged bottle feeding should be avoided. We can see that breast feeding is definitely good for the infants, but the reality is not optimistic in our country.

  7. Epidemiologic methods in analysis of scientific issues

    NASA Astrophysics Data System (ADS)

    Erdreich, Linda S.

    2003-10-01

    Studies of human populations provide much of the information that is used to evaluate compensation cases for hearing loss, including rates of hearing loss by age, and dose-response relationships. The reference data used to make decisions regarding workman's compensation is based on epidemiologic studies of cohorts of workers exposed to various noise levels. Epidemiology and its methods can be used in other ways in the courtroom; to assess the merits of a complaint, to support Daubert criteria, and to explain scientific issues to the trier of fact, generally a layperson. Using examples other than occupational noise induced hearing loss, these methods will be applied to respond to a complaint that hearing loss followed exposure to a sudden noise, a medication, or an occupational chemical, and thus was caused by said exposure. The standard criteria for assessing the weight of the evidence, and epidemiologic criteria for causality show the limits of such anecdotal data and incorporate quantitative and temporal issues. Reports of clusters of cases are also intuitively convincing to juries. Epidemiologic methods provide a scientific approach to assess whether rates of the outcome are indeed increased, and the extent to which increased rates provide evidence for causality.

  8. The death of Socrates: a holistic re-examination.

    PubMed

    Silverman, Sam

    2010-01-01

    Socrates' death, as portrayed by Plato, and commonly accepted, is seen as the virtuous choice of a philosopher of death in preference to ignominiously evading an unjust verdict of the jury. Xenophon's portrayal, the only other contemporaneous account, shows Socrates as being tired of life, seeing nothing worthwhile in hanging on to a continuously declining life, and deliberately choosing death. In more recent years I. F. Stone has discussed in depth the political context surrounding the trial of Socrates. In this article I discuss the various personal factors, his awareness of aging, his vision of declining relationships with others, his marriage and family life, the political context of the times, and his disbelief in democracy, at a time when the Athenian democracy had only recently been restored, but was still under threat by the oligarchs; and the influence of his daimon, a personal spirit who spoke to him only when opposing an action he was considering. The sum of these various factors presents a fuller and more complete picture of Socrates' choice of death over life.

  9. The early days of the multi channel cochlear implant: efforts and achievement in France.

    PubMed

    Chouard, C H

    2015-04-01

    On September 10th 2013, the clinical medical research Lasker award winners were rewarded for their work on multichannel cochlear implant. It has been my pleasure to see that such a major topic had caught the attention of the Members of the Jury for this prestigious award. That is why I accepted an invitation to participate in a special issue of Hearing Research devoted to the three winners. Here I highlight four scientific contributions made by the French team in late 1970s and early 1980s to modern multichannel cochlear implant development. 1) Chouard and MacLeod plotted an approximate frequency map of the whole length of the human cochlea, including its "hidden face" corresponding to speech frequencies. Moreover MacLeod suggested a sequential display of electrical stimulation as a function of each electrode, a precursor to today's electrodogram and interleaved stimulation. 2) Chouard performed total cochlear implantation in a deaf adult male with 8 electrically independent electrodes that were evenly distributed along the cochlea. 3) Chouard and MacLeod described in a patent detailed sound signal processing for a functional multichannel cochlear implant and reported speech discrimination without help of lip reading in some totally deafened patients. 4) Chouard experimentally demonstrated in the guinea pig the advantage of early cochlear implantation in treating profound neonatal deafness. This article is part of a Special Issue entitled .

  10. The epidemiology of injury in skateboarding.

    PubMed

    Hunter, Jamie

    2012-01-01

    The purpose of this report is to review the available literature to provide an epidemiological overview of skateboarding injuries, as well as to suggest possible areas for future research. A literature search was performed with the databases of PubMed, Sport Discus, Google and Google Scholar using the search terms 'skateboard', 'skateboarding', 'injury' and 'injuries', with all articles published in refereed journals in the English language being considered. An ancestry approach was also used. Articles from non-juried journals were also infrequently included to provide anecdotal information on the sport. Comparison of study results was compromised by the diversity of different study populations and variability of injury definitions across studies. The majority of injuries affect young males although conflicting arguments arise over the issues of age and experience in relation to injury severity. Most injuries are acutely suffered, and the most commonly affected body part was the wrist and forearm, with lower leg and ankle injuries also common. The incidence was relatively high but reports on severity differed. Clear conclusions could not be drawn on environmental location and risk factors. Most injuries tend to occur from a loss of balance leading to a fall, in more recent times due to a failed trick. Research on injury prevention is not conclusive although protective equipment and skatepark use are recommended. Further research using more rigorous study designs is required to gain a clearer picture of the incidence and determinants of injury, and to identify risk factors and viable injury countermeasures.

  11. The death of Socrates: a holistic re-examination.

    PubMed

    Silverman, Sam

    2010-01-01

    Socrates' death, as portrayed by Plato, and commonly accepted, is seen as the virtuous choice of a philosopher of death in preference to ignominiously evading an unjust verdict of the jury. Xenophon's portrayal, the only other contemporaneous account, shows Socrates as being tired of life, seeing nothing worthwhile in hanging on to a continuously declining life, and deliberately choosing death. In more recent years I. F. Stone has discussed in depth the political context surrounding the trial of Socrates. In this article I discuss the various personal factors, his awareness of aging, his vision of declining relationships with others, his marriage and family life, the political context of the times, and his disbelief in democracy, at a time when the Athenian democracy had only recently been restored, but was still under threat by the oligarchs; and the influence of his daimon, a personal spirit who spoke to him only when opposing an action he was considering. The sum of these various factors presents a fuller and more complete picture of Socrates' choice of death over life. PMID:20533649

  12. Sex, lies, and statistics: inferences from the child sexual abuse accommodation syndrome.

    PubMed

    Weiss, Kenneth J; Curcio Alexander, Julia

    2013-01-01

    Victims of child sexual abuse often recant their complaints or do not report incidents, making prosecution of offenders difficult. The child with sexual abuse accommodation syndrome (CSAAS) has been used to explain this phenomenon by identifying common behavioral responses. Unlike PTSD but like rape trauma syndrome, CSAAS is not an official diagnostic term and should not be used as evidence of a defendant's guilt or to imply probative value in prosecutions. Courts have grappled with the ideal use of CSAAS in the evaluation of child witness testimony. Expert testimony should be helpful to the jurors without prejudicing them. The New Jersey Supreme Court ruled recently that statistical evidence about CSAAS implying the probability that a child is truthful runs the risk of confusing jury members and biasing them against the defendant. We review the parameters of expert testimony and its admissibility in this area, concluding that statistics about CSAAS should not be used to draw inferences about the victim's credibility or the defendant's guilt. PMID:24051595

  13. Role of Creative Competitions and Mass Media in the Astronomy Education of School Students

    NASA Astrophysics Data System (ADS)

    Aleshkina, E. Yu.

    2006-08-01

    There are a many informational sources nowadays. For wide audiences it is, first of all, mass media - magazines, newspapers, television, broadcast and books. Web-technology provides a huge volume of information. The increasing flow of information about science, sometimes with questionable content, however, has its obstacles - it is difficult to restrict misconceptions and transfer receiving information to real knowledge. This problem is actual and very important, first of all, for school students. The experience in getting and analyzing information during astrophysics lessons in the Astronautic Club is considered. Statistical data about volume, kind, and quality of astronomy news, along with other scientific information in Russian mass media, are presented. Experience in transformation of receiving information to the knowledge is discussed. The role of a special form of education - creative competitions - in this process is analyzed. Results of the International Creative Competition, named after Giordano Bruno, are presented. The main goal of the competition was to raise interest in astronomy, space exploration, and related questions. Thirty-six papers from Bulgaria, United Kingdom, Russia, Byelorussia, Latvia, and Kazakhstan were submitted for the competition. On the decision of the jury, it was awarded three degrees for school students, one degree for adult amateurs of astronomy, and four special nominations. The bilingual volume (in Russian and English) with the best papersis being prepared for publishing.

  14. Brain lesions and their implications in criminal responsibility.

    PubMed

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial. PMID:19319837

  15. The biasing effect of the "sexually violent predator" label on legal decisions.

    PubMed

    Scurich, Nicholas; Gongola, Jennifer; Krauss, Daniel A

    2016-01-01

    Public fear has driven legislation designed to identify and exclude sexual offenders from society, culminating in sexually violent predator (SVP) statutes, in which a sex offender who has served his prison sentence is hospitalized indefinitely if a jury determines that he is likely to reoffend as a result of a mental disorder. Jurors rarely vote not to commit a previously-convicted sex offender as an SVP. This study tests whether the mere label of "sexually violent predator" affects these legal decisions. Venire jurors (n=161) were asked to decide whether an individual who had been incarcerated for 16years should be released on parole. The individual was either labeled as a.) a sexually violent predator or b.) a convicted felon, and all other information was identical between the conditions. Jurors were over twice as likely to deny parole to the SVP compared to the felon, even though they did not consider him any more dangerous or any more likely to reoffend. Demographic variables did not moderate this finding. However, jurors' desire to 'get revenge' and to 'make the offender pay', as measured by Gerber and Jackson's (2013) Just Deserts Scale, did significantly relate to decisions to deny parole. These findings suggest that jurors' decisions in SVP hearings are driven by legally impermissible considerations, and that the mere label of "sexually violent predator" induces bias into the decision making process. PMID:27206709

  16. New local potential useful for genome annotation and 3D modeling

    SciTech Connect

    Chandonia, John-Marc; Cohen, Fred E.

    2003-07-17

    A new potential energy function representing the conformational preferences of sequentially local regions of a protein backbone is presented. This potential is derived from secondary structure probabilities such as those produced by neural network-based prediction methods. The potential is applied to the problem of remote homolog identification, in combination with a distance dependent inter-residue potential and position-based scoring matrices. This fold recognition jury is implemented in a Java application called JThread. These methods are benchmarked on several test sets, including one released entirely after development and parameterization of JThread. In benchmark tests to identify known folds structurally similar (but not identical) to the native structure of a sequence, JThread performs significantly better than PSI-BLAST, with 10 percent more structures correctly identified as the most likely structural match in a fold library, and 20 percent more structures correctly narrowed down to a set of five possible candidates. JThread also significantly improves the average sequence alignment accuracy, from 53 percent to 62 percent of residues correctly aligned. Reliable fold assignments and alignments are identified, making the method useful for genome annotation. JThread is applied to predicted open reading frames (ORFs) from the genomes of Mycoplasma genitalium and Drosophila melanogaster, identifying 20 new structural annotations in the former and 801 in the latter.

  17. The early days of the multi channel cochlear implant: efforts and achievement in France.

    PubMed

    Chouard, C H

    2015-04-01

    On September 10th 2013, the clinical medical research Lasker award winners were rewarded for their work on multichannel cochlear implant. It has been my pleasure to see that such a major topic had caught the attention of the Members of the Jury for this prestigious award. That is why I accepted an invitation to participate in a special issue of Hearing Research devoted to the three winners. Here I highlight four scientific contributions made by the French team in late 1970s and early 1980s to modern multichannel cochlear implant development. 1) Chouard and MacLeod plotted an approximate frequency map of the whole length of the human cochlea, including its "hidden face" corresponding to speech frequencies. Moreover MacLeod suggested a sequential display of electrical stimulation as a function of each electrode, a precursor to today's electrodogram and interleaved stimulation. 2) Chouard performed total cochlear implantation in a deaf adult male with 8 electrically independent electrodes that were evenly distributed along the cochlea. 3) Chouard and MacLeod described in a patent detailed sound signal processing for a functional multichannel cochlear implant and reported speech discrimination without help of lip reading in some totally deafened patients. 4) Chouard experimentally demonstrated in the guinea pig the advantage of early cochlear implantation in treating profound neonatal deafness. This article is part of a Special Issue entitled . PMID:25499127

  18. The cost-effectiveness and consumer acceptability of taxation strategies to reduce rates of overweight and obesity among children in Australia: study protocol

    PubMed Central

    2013-01-01

    Background Childhood obesity is a recognised public health problem and around 25% of Australian children are overweight or obese. A major contributor is the obesogenic environment which encourages over consumption of energy dense nutrient poor food. Taxation is commonly proposed as a mechanism to reduce consumption of poor food choices and hence reduce rates of obesity and overweight in the community. Methods/Design An economic model will be developed to assess the lifetime benefits and costs to a cohort of Australian children by reducing energy dense nutrient poor food consumption through taxation mechanisms. The model inputs will be derived from a series of smaller studies. Food options for taxation will be derived from literature and expert opinion, the acceptability and impact of price changes will be explored through a Citizen’s Jury and a discrete choice experiment and price elasticities will be derived from the discrete choice experiment and consumption data. Discussion The health care costs of managing rising levels of obesity are a challenge for all governments. This study will provide a unique contribution to the international knowledge base by engaging a variety of robust research techniques, with a multidisciplinary focus and be responsive to consumers from diverse socio-economic backgrounds. PMID:24330325

  19. A stochastic analysis of the influence of soil and climatic variability on the estimate of pesticide ground water polution potential

    NASA Astrophysics Data System (ADS)

    Jury, William A.; Gruber, Joachim

    1989-12-01

    Soil and climatic variability contribute in an unknown manner to the leaching of pesticides below the surface soil zone where degradation occurs at maximum levels. In this paper we couple the climatic variability model of Eagleson (1978) to the soil variability transport model of Jury (1982) to produce a probability density distribution of residual mass fraction (RMF) remaining after leaching below the surface degradation zone. Estimates of the RMF distribution are shown to be much more sensitive to soil variability than climatic variability, except when the residence time of the chemical is shorter than one year. When soil variability dominates climatic variability, the applied water distribution may be replaced by a constant average water application rate without serious error. Simulations of leaching are run with 10 pesticides in two climates and in two representative soil types with a range of soil variability. Variability in soil or climate act to produce a nonnegligible probability of survival of a small value of residual mass even for relatively immobile compounds which are predicted to degrade completely by a simple model which neglects variability. However, the simpler model may still be useful for screening pesticides for groundwater pollution potential if somewhat larger residual masses of a given compound are tolerated. Monte Carlo simulations of the RMF distribution agreed well with model predictions over a wide range of pesticide properties.

  20. Inherited proclivity: When should neurogenetics mitigate moral culpability for purposes of sentencing?

    PubMed Central

    Segal, J Bradley

    2016-01-01

    Certain genes and neurobiology (‘neurogenetics’) may predispose some people to violent behavior. Increasingly, defendants introduce neurogenetic evidence as a mitigating factor during criminal sentencing. Identifying the cause of a criminal act, biological or otherwise, does not necessarily preclude moral or legal liability. However, valid scientific evidence of an inherited proclivity sometimes should be considered when evaluating whether a defendant is less morally culpable for a crime and perhaps less deserving of punishment. This Note proposes a two-pronged test to understand whether and when neurogenetic evidence should be considered to potentially mitigate an individual's culpability for criminal behavior. The first prong normatively assesses whether a defendant meets a threshold of having meaningfully managed his risk of harming others based on what he knew, or should have known, about his own proclivities to violence. The second prong considers the admissibility of the evidence based on whether the specific neurogenetic proclivity claimed by the defendant is relevant and adequately supported by science so as to be reliable. This proposed two-pronged test, beginning with an ethical threshold and followed by a scientific hurdle, can help judges and juries establish when to accept arguments for neurogenetic mitigation at sentencing, and when to reject them. PMID:27774246

  1. One Country, Two Cultures: Are Hong Kong Mock Jurors "Mainlandized" by the Predominant Chinese Criminal Justice Concept of Confession?

    PubMed

    Hui, Cora Y T; Lo, T Wing

    2015-09-01

    Over-reliance on confession has had a long history in the Chinese criminal justice system. Recent high-profile wrongful conviction cases have raised public awareness of the coercive and torturous methods used to extract confessions. Despite the return of Hong Kong to Chinese sovereignty, Hong Kong remains a common law jurisdiction and the most serious criminal offences are tried by a jury. The present study empirically examines the relative impact of DNA evidence, confession, eyewitness testimony, and victim testimony in a Hong Kong-Chinese mock juror sample. The results show that the participants placed greater value on DNA evidence than on confession, and placed the lowest value on testimonial evidence. It is argued that the situation of "one country, two cultures" remains strong: Whereas participants are still influenced by the Chinese criminal justice concept of confession, their judgment is still predominately influenced by the scientific evidence as commonly practiced in the West. Thus, no solid evidence has been found to confirm the emergence of mainlandization in Hong Kong's criminal justice system.

  2. The Cost of Crime to Society: New Crime-Specific Estimates for Policy and Program Evaluation

    PubMed Central

    French, Michael T.; Fang, Hai

    2010-01-01

    Estimating the cost to society of individual crimes is essential to the economic evaluation of many social programs, such as substance abuse treatment and community policing. A review of the crime-costing literature reveals multiple sources, including published articles and government reports, which collectively represent the alternative approaches for estimating the economic losses associated with criminal activity. Many of these sources are based upon data that are more than ten years old, indicating a need for updated figures. This study presents a comprehensive methodology for calculating the cost of society of various criminal acts. Tangible and intangible losses are estimated using the most current data available. The selected approach, which incorporates both the cost-of-illness and the jury compensation methods, yields cost estimates for more than a dozen major crime categories, including several categories not found in previous studies. Updated crime cost estimates can help government agencies and other organizations execute more prudent policy evaluations, particularly benefit-cost analyses of substance abuse treatment or other interventions that reduce crime. PMID:20071107

  3. "Zea"-Because It's There

    NASA Astrophysics Data System (ADS)

    Chamberlain, Eric

    1983-03-01

    The Subject is a long standing symbiotic relationship between Zea and the movies. As usual the impossible was required - to attain cinema release quality films with dramatic interpretation - at the same time using Hy-speed macro photographic techniques. The subject was not to be recognizable until the end of the film - some four minutes long. Zea is explosive, it reacts to heat and is extremely difficult to predict when it will explode, which left little time for the focus, stop down and shooting. Using a Hy-cam at 5,000 pictures per second - a 400 ft. roll of 7247 raw stock, left but a brief three seconds for synchronization. To add to the confusion, two co-directors, a cameraman, plus equipment, were jammed into a 2 x 2m space. To achieve reasonable resolution for theatrical showing, 400,000 foot/candles of light were needed. This was achieved. The film was edited and music from Vaughan Williams' "Fantasia" recorded at St. Martins-in-the-Fields, London was added. The result was sent to the Cannes Film Festival, where it was given the Jury Award.

  4. Same score, different message: perceptions of offender risk depend on Static-99R risk communication format.

    PubMed

    Varela, Jorge G; Boccaccini, Marcus T; Cuervo, Veronica A; Murrie, Daniel C; Clark, John W

    2014-10-01

    The popular Static-99R allows evaluators to convey results in terms of risk category (e.g., low, moderate, high), relative risk (compared with other sexual offenders), or normative sample recidivism rate formats (e.g., 30% reoffended in 5 years). But we do not know whether judges and jurors draw similar conclusions about the same Static-99R score when findings are communicated using different formats. Community members reporting for jury duty (N = 211) read a tutorial on the Static-99R and a description of a sexual offender and his crimes. We varied his Static-99R score (1 or 6) and risk communication format (categorical, relative risk, or recidivism rate). Participants rated the high-scoring offender as higher risk than the low-scoring offender in the categorical communication condition, but not in the relative risk or recidivism rate conditions. Moreover, risk ratings of the high-scoring offender were notably higher in the categorical communication condition than the relative risk and recidivism rate conditions. Participants who read about a low Static-99R score tended to report that Static-99R results were unimportant and difficult to understand, especially when risk was communicated using categorical or relative risk formats. Overall, results suggest that laypersons are more receptive to risk results indicating high risk than low risk and more receptive to risk communication messages that provide an interpretative label (e.g., high risk) than those that provide statistical results.

  5. "Killed by its mother": infanticide in Providence County, Rhode Island, 1870 to 1938.

    PubMed

    Caron, Simone

    2010-01-01

    This article analyzes infanticide based on the Coroners' Records for Providence County, Rhode Island, from the 1870s to 1938 to determine doctors' and coroners' attitudes toward mothers who killed. The nineteenth century witnessed a medical discourse on the possibility of postpartum insanity as a cause of infanticide. While some women claimed temporary insanity, and some doctors and coroners legitimated this defense, its application to mothers who killed was arbitrary. They determined who deserved this diagnosis based on the woman's character, her forthrightness, and extenuating circumstances. Infanticide divided the profession nationally and at the local level and prevented doctors or coroners from speaking in a united voice on the issue. This article does not attempt to follow cases of infanticide through to jury verdicts. Instead, it provides an opportunity to analyze the circumstances women faced that led them to kill their newborns, and to analyze the responses of doctors and coroners to these mothers who killed. Unlike the findings of other studies, neither physicians nor coroners in Rhode Island were united in a claim of ignorance to save these women from guilty verdicts.

  6. The psychiatrist's guide to right and wrong: Part IV: The insanity defense and the Ultimate Issue Rule.

    PubMed

    Goldstein, R L

    1989-01-01

    In the wake of Hinckley, widespread public dissatisfaction with the role of psychiatrists in insanity defense litigation prompted Congress in 1984 to amend the Federal Rules of Evidence to prohibit psychiatric testimony on the ultimate legal issue of whether or not a defendant is insane. APA's Statement on the Insanity Defense served as the ably articulated premise for this evidentiary amendment. APA argued that in going beyond their psychiatric expertise by answering ultimate issue questions as to whether defendants are legally insane, experts are likely to confuse the jury and undermine public confidence in psychiatry. APA also asserted that there was an impermissible logical leap between scientific psychiatric inquiry and moral-legal conclusions on the ultimate issue of insanity. This article reviews the origins, history, and vicissitudes of the Ultimate Issue Rule and analyzes the Statement on the Insanity Defense from both a legal and psychiatric perspective on the issue of whether psychiatrists should answer the ultimate question in insanity cases. The analysis suggests that APA's conclusions are not supported on scientific or evidentiary grounds, but may be warranted as a policy consideration to safeguard the public image of psychiatry.

  7. Terrorist on trial: the context of political crime.

    PubMed

    Post, J M

    2000-01-01

    When political terrorists stand trial for their violent acts, the political context inevitably plays a major role. This article describes the trial of an Abu Nidal terrorist tried in federal court for skyjacking an Egyptian airliner. The defense portrayed the traumas of the Palestinian people and of the defendant at the hands of the Israelis, offering a not guilty by reason of insanity defense on the basis of posttraumatic stress disorder. Making sense to the jury of how a sane individual could carry out a violent act in which more than 50 innocent men, women, and children died was the task of the author, who served as expert for the U.S. Department of Justice. The paper describes how the subject was socialized to violence in the refugee camps, where he was inspired to be a soldier in the revolution in order to reclaim his family lands. Nationalist-separatist terrorism is particularly intractable because of the generational transmission of hatred and revenge.

  8. Brain lesions and their implications in criminal responsibility.

    PubMed

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial.

  9. Law reform, politics and mental health.

    PubMed

    Kirby, M D

    1983-03-01

    A major problem of democratic government is to get lawmakers to address controversial and sensitive subjects such as mental health law reform. By reference to current and past projects in the Australian Law Reform Commission, its Chairman outlines the way in which permanent law reform agencies can mobilise expert and community opinion to help the lawmaking process address sufficiently the needs of law reform. After outlining briefly the history of mental health law reform in English-speaking countries, the author suggests that moves for reform tend to come in 'cycles' or 'waves'. This is especially so in federations such as Australia. Reforms introduced in South Australia in 1976 are now working their way into the laws of other jurisdictions of Australia, where mental health law is basically a state concern. The reforms deal with such matters as legal representation for persons involuntarily committed and stricter definitions of circumstances for and objectives of hospitalisation of the mentally ill. Some comments are offered on new approaches to the defence of insanity in criminal trials following the jury verdict in the Hinkley case arising out of an attempt on the life of a President of the United States. The implications of this and other cases for the 'anti-psychiatry' movement are referred to and discussed. The author concludes with comments on the implications of mental health law reform for democracies. He suggests a law for law reform agencies in reconciling needs for law reform and community tolerance of change.

  10. California's diminished capacity defense: evolution and transformation.

    PubMed

    Weinstock, R; Leong, G B; Silva, J A

    1996-01-01

    Diminished capacity survives in California as a severely attenuated mens rea defense known as diminished actuality. Some other states have similar limited strict mens rea defenses. The lost advantages of California's former expanded concept of diminished capacity are reviewed. As opposed to the all-or-none insanity defense, mens rea defenses permit the trier of fact to find gradations of guilt but are generally inapplicable unless the elements of a crime are redefined to permit consideration of motivational aspects, as California had done. The change from diminished capacity to a diminished actuality defense was a return to the complex, somewhat artificial legal concept of intent and a resurrection of confusing and antiquated common law definitions. The change was made in response to an unpopular jury verdict and a political climate in which little interest existed or still exists for understanding the reasons behind the commission of any crime. Some of the later restrictions imposed by the California Supreme Court on allowing voluntary intoxication to reduce murder to voluntary manslaughter logically should not apply to mental illness. Knowledge of the complex mens rea issues and the various relevant current defenses is essential for any forensic psychiatrist evaluating defendants in jurisdictions in which such defenses are admissible.

  11. Dr Rogers' 'insanity detector' and the admissibility of novel scientific evidence.

    PubMed

    Goldstein, R L

    1992-01-01

    The R-CRAS (Rogers' Criminal Responsibility Assessment Scales) purports to be a systematic and empirically based approach to evaluations of criminal responsibility. This 'insanity detector' has been heralded as a reliable instrument in the resolution of the psycholegal controversies surrounding the plea of insanity. It is contended that, regardless of its possible scientific merit, most courts will find that the R-CRAS fails to satisfy the Frye test for admissibility of novel scientific evidence (that is, general acceptance by the relevant scientific community). Moreover, it is argued that the R-CRAS's potential for prejudice outweighs its probative value, in that it might unfairly bolster the testimony of the expert witness who relies upon it and might overwhelm the jury because of its 'aura of special reliability and trustworthiness'. Until such time as the R-CRAS does gain widespread acceptance and is shown to be sufficiently reliable to outweigh any potential prejudice (if ever), the author is of the opinion that forensic psychiatrists and psychologists may have to continue to conduct evaluations of criminal responsibility 'the old-fashioned way'. 'Truth does less good in the world than its appearances do harm' --La Rochefoucauld.

  12. Sleepwalking disorder and mens rea: a review and case report. Maricopa County Superior Court.

    PubMed

    Thomas, T N

    1997-01-01

    This paper examines complications of sleepwalking disorder (DSM-IV 307.46), an arousal disorder or parasomnia, in relationship to mens rea, or culpable mental state necessary to a finding of criminal responsibility. The legal history of criminal intent and insanity is reviewed. A case of indecent exposure is discussed in a man with a history of closed head injuries and sleepwalking disorder who was found standing naked in the middle of a busy urban thoroughfare in the wee hours of the morning and arrested. On psychiatric evaluation, the defendant was found to have a long-standing sleepwalking disorder. At trial, scientific literature and psychiatric expert testimony concerning sleepwalking disorder was presented. The psychiatrist opined that the defendant was probably sleepwalking at the time of the alleged offense. No rebuttal testimony was offered by the prosecution. The jury found the man not guilty. The author surveys the legal history of sleepwalking disorder and compares this example with others in which uncontrolled behavior during sleep has resulted in harm to the patient or to others. Clinical and forensic implications of the disorder are reviewed. The parasomnias' impact on forensic practice should be systematically studied. Intervention strategies should be refined and implemented.

  13. Anemia in the preterm infant: Erythropoietin versus erythrocyte transfusion — It’s not that simple

    PubMed Central

    Von Kohorn, Isabelle; Ehrenkranz, Richard A.

    2009-01-01

    SYNOPSIS Since the late 1980s recombinant human erythropoietin (r-Epo) has been studied as an alternative to packed red blood cell (RBC) transfusion for the treatment of anemia of prematurity in very low birth weight (VLBW, <1500 grams) infants. Initial trials and reports focused on r-Epo’s ability to prevent or treat anemia of prematurity with the goal of eliminating RBC transfusion, but achieved limited success. Reduced volumes of blood sampling for laboratory tests and improved blood banking techniques have decreased the need for RBC transfusion. New concerns about the safety of r-Epo administration have emerged. Past cost-benefit analyses of r-Epo administration versus transfusion for the treatment of anemia of prematurity have been nearly balanced. Autologous transfusion, blood-sparing technologies, changes in RBC transfusion technique and safety, and further elucidation of the risk-benefit ratio of r-Epo therapy may change the cost-benefit analysis. The jury is still out with regard to the role of r-Epo therapy in the VLBW population. PMID:19161869

  14. Physics in the Courtroom

    NASA Astrophysics Data System (ADS)

    Vosk, Ted

    2011-10-01

    The principles, methods and technologies of physics can provide a powerful tool for the discovery of truth in the criminal justice system. Accordingly, physics based forensic evidence is relied upon in criminal prosecutions around the country every day. Infrared spectroscopy for the determination of the alcohol concentration of an individual's breath, force, momentum and multi-body dynamics for purposes of accident reconstruction and the basic application of sound metrological (measurement) practices constitute but a few examples. In many cases, a jury's determination of guilt or innocence, upon which the liberty of a Citizen rests, may in fact be determined by such evidence. Society may well place a high degree of confidence in the integrity of verdicts so obtained when ``the physics'' has been applied in a valid manner. Unfortunately, as concluded by the National Academy of Sciences, ``The law's greatest dilemma in its heavy reliance on forensic evidence--concerns the question of whether---and to what extent-- -there is science in any given `forensic science' discipline.'' Even where valid physical principles are relied upon, their improper application by forensic practitioners who have little physics training, background and/or understanding calls into question the validity of results or conclusions obtained. This presentation provides examples of the application of physics in the courtroom, where problems have been discovered and how they can be addressed by the physics community.

  15. Sex, lies, and statistics: inferences from the child sexual abuse accommodation syndrome.

    PubMed

    Weiss, Kenneth J; Curcio Alexander, Julia

    2013-01-01

    Victims of child sexual abuse often recant their complaints or do not report incidents, making prosecution of offenders difficult. The child with sexual abuse accommodation syndrome (CSAAS) has been used to explain this phenomenon by identifying common behavioral responses. Unlike PTSD but like rape trauma syndrome, CSAAS is not an official diagnostic term and should not be used as evidence of a defendant's guilt or to imply probative value in prosecutions. Courts have grappled with the ideal use of CSAAS in the evaluation of child witness testimony. Expert testimony should be helpful to the jurors without prejudicing them. The New Jersey Supreme Court ruled recently that statistical evidence about CSAAS implying the probability that a child is truthful runs the risk of confusing jury members and biasing them against the defendant. We review the parameters of expert testimony and its admissibility in this area, concluding that statistics about CSAAS should not be used to draw inferences about the victim's credibility or the defendant's guilt.

  16. Wing Configuration Impact on Design Optimums for a Subsonic Passenger Transport

    NASA Technical Reports Server (NTRS)

    Wells, Douglas P.

    2014-01-01

    This study sought to compare four aircraft wing configurations at a conceptual level using a multi-disciplinary optimization (MDO) process. The MDO framework used was created by Georgia Institute of Technology and Virginia Polytechnic Institute and State University. They created a multi-disciplinary design and optimization environment that could capture the unique features of the truss-braced wing (TBW) configuration. The four wing configurations selected for the study were a low wing cantilever installation, a high wing cantilever, a strut-braced wing, and a single jury TBW. The mission that was used for this study was a 160 passenger transport aircraft with a design range of 2,875 nautical miles at the design payload, flown at a cruise Mach number of 0.78. This paper includes discussion and optimization results for multiple design objectives. Five design objectives were chosen to illustrate the impact of selected objective on the optimization result: minimum takeoff gross weight (TOGW), minimum operating empty weight, minimum block fuel weight, maximum start of cruise lift-to-drag ratio, and minimum start of cruise drag coefficient. The results show that the design objective selected will impact the characteristics of the optimized aircraft. Although minimum life cycle cost was not one of the objectives, TOGW is often used as a proxy for life cycle cost. The low wing cantilever had the lowest TOGW followed by the strut-braced wing.

  17. Antilisterial effects of antibacterial formulations containing essential oils, nisin, nitrite and organic acid salts in a sausage model.

    PubMed

    Ghabraie, Mina; Vu, Khanh Dang; Huq, Tanzina; Khan, Avik; Lacroix, Monique

    2016-06-01

    This study was conducted to evaluate the effects of sixteen antibacterial formulations against Listeria monocytogenes in a sausage model using a standard experimental design with 4 independent factors at 2 levels (2(4)). Four independent factors consisted of nisin (12.5-25 ppm), nitrite (100-200 ppm) and organic acid salts (1.55-3.1 %) and the mixture of Chinese cinnamon and Cinnamon bark Essential Oils (EOs) (0.025-0.05 %). Based on the analysis, utilization of low (0.025 %) or high concentration (0.05 %) of EOs in combination with low concentration of nitrite (100 ppm), organic acid salts (1.55 %), and nisin (12.5 ppm) could reduce respectively 1.5 or 2.6 log CFU/g of L. monocytogenes in sausage at day 7 of storage as compared to the control. A predictive equation was created to predict the growth of L. monocytogenes in sausage. The sensory evaluation was then performed on selected optimized formulations in cooked meat (both pork and beef sausages) with a trained jury consisting of 35 individuals, demonstrated the selected antimicrobial formulations were organoleptically acceptable. The results revealed an important role of hurdle technology to control L. monocytogenes in meat product. PMID:27478218

  18. Maintaining proper dental records.

    PubMed

    Leeuw, Wilhemina

    2014-01-01

    Referred to as Standard of Care, the legal duty of a dentist requires exercising the degree of skill and care that would be exhibited by other prudent dentists faced with the same patient-care situation. Primarily, the goal of keeping good dental records is to maintain continuity of care. Diligent and complete documentation and charting procedures are essential to fulfilling the Standard of Care. Secondly, because dental records are considered legal documents they help protect the interest of the dentist and/or the patient by establishing the details of the services rendered. Patients today are better educated and more assertive than ever before and dentists must be equipped to protect themselves against malpractice claims. Every record component must be handled as if it could be summoned to a court room and scrutinized by an attorney, judge or jury. Complete, accurate, objective and honest entries in a patient record are the only way to defend against any clinical and/or legal problems that might arise. Most medical and dental malpractice claims arise from an unfavorable interaction with the dentist and not from a poor treatment outcome. By implementing the suggestions mentioned in this course, dental health care professionals can minimize the legal risks associated with the delivery of dental care to promote greater understanding for patients of their rights and privileges to their complete record. PMID:24834675

  19. Mercy killing in neurology: The beginnings of neurology on screen (II).

    PubMed

    Wijdicks, Eelco F M; Karenberg, Axel

    2016-09-20

    The history of Neurocinema includes neuroethics, and this theme was first used in 2 films released in the 1940s in both Germany and the United States. Ich Klage An (I Accuse) is about "terminal" multiple sclerosis in a young woman and the decision to determine one's own fate. The protagonist anticipates becoming "deaf, blind, and idiotic" and asks her husband to administer a toxic drug dose, which he does. The film disturbingly suggests that the diagnosis of multiple sclerosis is tantamount to a death sentence. Ich Klage An (1941) played during the medical murders era ("Aktion T-4" program) but has few references to National Socialism, except for judges with Nazi emblems on their robes making a brief Nazi salute and a jury chamber with a bust of Hitler. Party leadership agreed that the film made a deep impression, but the intended effect on the viewing public is largely unknown. An Act of Murder (1948) involves another young woman with an inoperable brain tumor. When her condition worsens during a trip, her husband deliberately crashes the car, killing her but surviving himself. A subsequent trial finds that she died of an overdose rather than the crash. The trial judge dismisses the murder charge, but the film argues the morals of mercy killing. These films came out during the Nazi euthanasia program and founding of the Euthanasia Society of America in 1938. The choice of neurologic disease by these filmmakers and scriptwriters to defend euthanasia is remarkable.

  20. Victim blame in a hate crime motivated by sexual orientation.

    PubMed

    Plumm, Karyn M; Terrance, Cheryl A; Henderson, Vanessa R; Ellingson, Heather

    2010-01-01

    A jury simulation paradigm was employed for two studies exploring levels of victim blame in a case of bias-motivated assault based on sexual orientation. In the first study, participants were grouped according to their score on the Index of Homophobia (IHP) scale as either reporting high or low support for gay and lesbian community members. The label of the crime (i.e., bias-motivated assault versus first-degree assault) as well as the gender of the victim were systematically varied. Results indicated that attributions of blame against the victim varied as a function of participants' attitudes toward minority sexual orientation. As extra-legal factors likely contribute to victim blame in these cases, the second study explored such factors as location and "provocation." Jurors in the second study read a transcript depicting an attack on a gay man by a man in either a local bar (i.e., not a gay bar) or a gay bar. Within location conditions, jurors were presented with either "provocation" by the victim (i.e., asking the perpetrator to dance and putting his arm around him) or alternatively no provocation was presented. Results revealed significant differences of victim blame depending on condition. Participants in both the local bar and provocation present conditions were more likely to blame the victim for the attack than those in the gay bar or provocation-absent conditions. Implications for hate crime law and attribution theory within the courtroom are discussed.

  1. Brainstorming: weighted voting prediction of inhibitors for protein targets.

    PubMed

    Plewczynski, Dariusz

    2011-09-01

    The "Brainstorming" approach presented in this paper is a weighted voting method that can improve the quality of predictions generated by several machine learning (ML) methods. First, an ensemble of heterogeneous ML algorithms is trained on available experimental data, then all solutions are gathered and a consensus is built between them. The final prediction is performed using a voting procedure, whereby the vote of each method is weighted according to a quality coefficient calculated using multivariable linear regression (MLR). The MLR optimization procedure is very fast, therefore no additional computational cost is introduced by using this jury approach. Here, brainstorming is applied to selecting actives from large collections of compounds relating to five diverse biological targets of medicinal interest, namely HIV-reverse transcriptase, cyclooxygenase-2, dihydrofolate reductase, estrogen receptor, and thrombin. The MDL Drug Data Report (MDDR) database was used for selecting known inhibitors for these protein targets, and experimental data was then used to train a set of machine learning methods. The benchmark dataset (available at http://bio.icm.edu.pl/∼darman/chemoinfo/benchmark.tar.gz ) can be used for further testing of various clustering and machine learning methods when predicting the biological activity of compounds. Depending on the protein target, the overall recall value is raised by at least 20% in comparison to any single machine learning method (including ensemble methods like random forest) and unweighted simple majority voting procedures.

  2. Case study: using infrared technology for evidentiary purposes

    NASA Astrophysics Data System (ADS)

    Jolivet, Noel D.; Hansen, Joel; Miller, John Lester; Beniga, Rico; Austria, Rich

    2014-06-01

    Infrared technology and imaging systems are already used extensively by the law enforcement (LE) community, typically to gain a tactical advantage or obtain immediate situational awareness. As the use of infrared technology becomes more affordable and widespread, LE is finding new ways to use it and leverage the results in the courtroom as evidence. A case study will be presented where infrared imagery was used to support the Portland Police Bureau (PPB) in prosecuting an individual for a crime where a conviction might not have been assured without said imagery. Tests conducted at FLIR Systems, combined with expert witness testimony by a FLIR employee, helped a jury understand the significance of a key piece of infrared evidence, resulting in a conviction of the criminal. This case was the first Federal case of its kind where infrared imagery was used forensically as evidence and, as such, established precedence. Prior to this, infrared imagery has been offered and debated in court only as to whether it constitutes a legal search. Courtroom observations and lessons learned from this trial have shown that both industry and LE can do a better job of making the prosecution's cases stronger utilizing infrared technology and thus taking criminals off the street.

  3. Evaluation of two methods of deliberative participation of older people in food-policy development.

    PubMed

    Timotijevic, Lada; Raats, Monique Maria

    2007-08-01

    This paper reports on an evaluation study of two deliberative methods of public participation of the "hard-to-reach" in food-policy development--the citizens' workshop and the citizens' jury. The participation was conducted on a live food-policy topic (food retailing) and the specific hard-to-reach group of older people was recruited. The evaluation of the two methods was based on an assessment of the participants' and observers' perceptions of the processes and outcomes of the methods, against a set of evaluation criteria, spanning both the individual and group level of analysis. The evaluation used a quasi-experimental, between groups, pre- and post-participation design. The study showed that the properties of the methods alone, such as availability of extra information, had little impact on both satisfaction with the process and the actual task outcomes. It further emphasised the importance of group debate for the perceived satisfaction with the process and the subjective outcomes of the event. The study illustrated that the high level of process satisfaction was not contemporaneous with the perceived impact of participation, such as its perceived influence of policy decision-making, suggesting that the relationship between participation outcomes (i.e. impact of participation) and processes was a complex one. It is argued here that this relationship should be considered in the light of identity processes and the context of public participation. PMID:17067716

  4. Exclusive Breast-feeding Protects against Mother-to-Child Transmission of HIV-1 through 12 Months of Age in Tanzania.

    PubMed

    Manji, Karim P; Duggan, Christopher; Liu, Enju; Bosch, Ronald; Kisenge, Rodrick; Aboud, Said; Kupka, Ronald; Fawzi, Wafaie W

    2016-08-01

    The jury on transmission of HIV through breast-feeding is still on. Data from a clinical trial in children born to HIV-positive mothers were evaluated with respect to their relationship to mother-to-child transmission. A total of 1629 infants who were not infected at age 6 weeks, had HIV results available at 12 months and who were breast-fed were included in this study. Exclusive breast feeding (EBF) rates declined from 85% at 2 months to < 30% by 4 months. EBF was associated with a sustained and significant reduction in HIV infection. With every incremental month of EBF, HIV infection was reduced by 16% [multivariable (risk ratio) RR: 0.84, CI: 0.72-0.98, p = 0.03] from enrollment to 6 months of age and by 18% (multivariable RR: 0.82, CI: 0.72-0.94, p = 0.005) from enrollment to 12 months of age. EBF significantly reduces the risk of vertical HIV transmission through 12 months of age.

  5. The civilizing process in London’s Old Bailey

    PubMed Central

    Klingenstein, Sara; Hitchcock, Tim; DeDeo, Simon

    2014-01-01

    The jury trial is a critical point where the state and its citizens come together to define the limits of acceptable behavior. Here we present a large-scale quantitative analysis of trial transcripts from the Old Bailey that reveal a major transition in the nature of this defining moment. By coarse-graining the spoken word testimony into synonym sets and dividing the trials based on indictment, we demonstrate the emergence of semantically distinct violent and nonviolent trial genres. We show that although in the late 18th century the semantic content of trials for violent offenses is functionally indistinguishable from that for nonviolent ones, a long-term, secular trend drives the system toward increasingly clear distinctions between violent and nonviolent acts. We separate this process into the shifting patterns that drive it, determine the relative effects of bureaucratic change and broader cultural shifts, and identify the synonym sets most responsible for the eventual genre distinguishability. This work provides a new window onto the cultural and institutional changes that accompany the monopolization of violence by the state, described in qualitative historical analysis as the civilizing process. PMID:24979792

  6. Mesoscopic Lawlessness

    NASA Astrophysics Data System (ADS)

    Laughlin, R. B.

    2012-02-01

    Whether physics will contribute significantly to unraveling the secrets of life, the grandest challenge of them all, depends critically on whether proteins and other mesoscale objects exhibit emergent law. By this I mean quantitative relationships among their measured properties that are always true. The jury is still out on the matter, for there is evidence both for and against, but it is spotty, on account of the difficulty of measuring 100 nm - 1000 objects without damaging them quantum mechanically. It is therefore not clear that history will repeat itself. Physics contributed mightily to 20th century materials science through its identification and mastery of powerful macroscopic emergent laws such as crystalline rigidity, superconductivity and ferromagnetism, but it cannot do the same thing in biology, regardless of how powerful computers get, unless nature cooperates. The challenge before us as physicists is therefore not to amass more and more terabytes of data and computational output but rather to search for and, with luck, find operating principles at the scale of life greater than those of chemistry, which is to say, greater than a world ruled by nothing but miraculous accidents.

  7. Support Person Presence and Child Victim Testimony: Believe it or Not.

    PubMed

    McAuliff, Bradley D; Lapin, Joshua; Michel, Sandra

    2015-08-01

    This study examined the effects of support person presence on participants' perceptions of an alleged child sexual abuse victim and defendant. Two hundred jury-eligible community members (n = 100 males) viewed a DVD of an 11-year-old girl's simulated courtroom testimony either with or without a female support person seated next to her. Participants found the child victim to be less accurate and trustworthy, and the defendant to be less guilty and less likely to have sexually abused children, when the support person was present. Participants who viewed the female support person (n = 100) believed that she had probably coached and spent a great deal of time with the child victim before testifying. Female participants perceived the child to be more accurate, and the defendant to be more guilty and likely to have sexually abused children, than male participants. The degree to which the child victim's testimonial behavior violated participants' expectancies mediated the negative relation between support person presence and child victim accuracy and trustworthiness. Support person presence was positively associated with expectancy violation, which in turn was negatively associated with child victim accuracy and trustworthiness. These preliminary findings suggest that seating a support person next to an alleged child victim in court may have the unintended effect of decreasing the child's perceived credibility and, if replicated, suggest that alternative seating arrangements might be necessary. PMID:26294385

  8. United Mine Workers V. Bagwell: New restrictions on severe civil contempt fines

    SciTech Connect

    1995-11-01

    In Bagwell II, the Supreme Court was asked to determine whether the trial court should have applied certain procedural protections, in effect limiting that court`s ability to impose millions of dollars in contempt sanctions. The Court found that the $52 million in fines levied against the United Mine Workers of America (UMWA) for violations of a Virginia Circuit Court`s order were {open_quotes}serious{close_quotes} enough to entitle the UMWA to the safeguards of a criminal jury trial. Bagwell Ii may be a step toward change. The Supreme Court acknowledged that its lack of guidance has resulted in an unrestrained use of the contempt power by lower courts. However, the Court refused to abandon the criminal/civil distinction created in Gompers, as some in favor of reform have suggested. Thus, the confusion over what constitutes a criminal contempt sanction as opposed to a civil contempt sanction continues. Bagwell II does appear to create a new catagory of indirect contempt. This catagory of contempt requires a level of procedural protection similar to those required in criminal contempt. The Court distinguishes these contempt from other civil contempt by considering the complexity of both the contemptuous conduct and the court order. As Justice Scalia noted in his concurring opinion, changes in use and form of court orders have made the traditional civil/criminal distinction an inadequate basis for attaching procedural rights.

  9. From Disinformation to Wishful Thinking

    NASA Astrophysics Data System (ADS)

    Oreskes, N.; Conway, E. M.

    2014-12-01

    In our book, Merchants of Doubt, we documented how deliberate disinformation campaigns served to confuse the American people about the reality and significance of climate change over more than two decades. We showed how a variety of strategies were used to persuade the public that the scientific "jury was still out" on climate change, including deliberate mispresentation of facts, cherry-picking of evidence, and personal attacks on scientists. And we documented the links, both conceptual and actual, between doubt-mongering about climate change and the rejection of scientific evidence of the harms of tobacco, acid rain, the ozone hole, nuclear winter, and DDT. These tactics are still in use today, but they are now reinforced by a new problem, the problem of wishful thinking. Increasingly, we see commentators who accept the reality of climate change assuring us that the problem can be solved by natural gas, or even by some as yet unknown and uninvented technological innovations. In this paper we argue that these forms of wishful thinking, while not malicious in the same way that previous doubt-mongering campaigns have been, contribute substantially to scientific illiteracy and misunderstanding both of the character of the challenges that we face and of the history of technological innovation.

  10. Canadian mock juror attitudes and decisions in domestic violence cases involving asian and white interracial and intraracial couples.

    PubMed

    Maeder, Evelyn M; Mossière, Annik; Cheung, Liann

    2013-03-01

    This study manipulated the race of the defendant and the victim (White/White, White/Asian, Asian/Asian, and Asian/White) in a domestic violence case to examine the potential prejudicial impact of race on juror decision making. A total of 181 undergraduate students read a trial transcript involving an allegation of spousal abuse in which defendant and victim race were manipulated using photographs. They then provided a verdict and confidence rating, a sentence, and responsibility attributions, and completed various scales measuring attitudes toward wife abuse and women. Findings revealed that female jurors were harsher toward the defendant than were male jurors. When controlling for attitudes toward Asians, jurors found the defendant guilty more often in cases involving interracial couples, as compared to same-race couples. Path analyses revealed various factors and attitudes involved in domestic violence trial outcomes. Findings contribute to the scarce literature on legal proceedings involving Asians, particularly in domestic violence cases. Outcomes also provide a model for relevant factors and characteristics of jurors in domestic violence cases. Roadblocks inherent in jury research are also discussed. PMID:22929345

  11. Experiments of multichannel least-square methods for sound field reproduction inside aircraft mock-up: Objective evaluations

    NASA Astrophysics Data System (ADS)

    Gauthier, P.-A.; Camier, C.; Lebel, F.-A.; Pasco, Y.; Berry, A.; Langlois, J.; Verron, C.; Guastavino, C.

    2016-08-01

    Sound environment reproduction of various flight conditions in aircraft mock-ups is a valuable tool for the study, prediction, demonstration and jury testing of interior aircraft sound quality and annoyance. To provide a faithful reproduced sound environment, time, frequency and spatial characteristics should be preserved. Physical sound field reproduction methods for spatial sound reproduction are mandatory to immerse the listener's body in the proper sound fields so that localization cues are recreated at the listener's ears. Vehicle mock-ups pose specific problems for sound field reproduction. Confined spaces, needs for invisible sound sources and very specific acoustical environment make the use of open-loop sound field reproduction technologies such as wave field synthesis (based on free-field models of monopole sources) not ideal. In this paper, experiments in an aircraft mock-up with multichannel least-square methods and equalization are reported. The novelty is the actual implementation of sound field reproduction with 3180 transfer paths and trim panel reproduction sources in laboratory conditions with a synthetic target sound field. The paper presents objective evaluations of reproduced sound fields using various metrics as well as sound field extrapolation and sound field characterization.

  12. [Edouard Brissaud (1852-1909), Charcot's favorite pupil].

    PubMed

    Poirier, Jacques; Ricou, Philippe

    2010-01-01

    Edouard Brissaud's career and scientific work are deeply marked by the influence of professor Jean-Martin Charcot, Head of the Chair of clinics of nervous system diseases at the Salpêtrière. Brissaud was his "externe" in 1875 and his "interne" in 1879. In 1880, his medical thesis was presided over by Charcot, who also served as a jury member for his "agrégation" in 1886. Brissaud was the king pin and the cornerstone of the famous medical handbook (Traité de médecine), which was kindly supported by Charcot and Bouchard. In 1893, a few months before Charcot's death, Brissaud, encouraged by Charcot, founded the Revue neurologique with Pierre Marie. When, after Charcot's death, Brissaud, in charge of the interim of the Salpêtrière's Chair, paid a glowing tribute to him, in his first lecture. Charcot thought highly of Brissaud and was fond of him. Two unpublished letters from Charcot to Brissaud gave evidence of his attachment to him. In one of these letters, Charcot friendly discussed the medical handbook with Brissaud and left his son Jean-Baptiste Charcot, as an "interne", in the care of Brissaud. In the other letter, Charcot gave Brissaud an original observation of alcoholic paralysis and asked him what he thought of it. On the whole, as pertinently written by late professor Jean-Louis Signoret, "Edouard Brissaud was undoubtedly Charcot's favourite disciple".

  13. You can't do that! Hugo Münsterberg and misapplied psychology.

    PubMed

    Weiss, Kenneth J; Xuan, Yan

    2015-01-01

    This article examines a false start in the application of psychology to the law. While there had been expert testimony from physicians in criminal and civil cases in America since the nineteenth century, forensic psychology first emerged in the early twentieth century. Following European traditions of experimental psychology, Hugo Münsterberg applied the nascent science of memory research to the assessment of witness credibility. A brilliant and popular Harvard professor, Münsterberg touted his technique of word-association to determine truth. Forensic psychology's development was stalled by resistance from within legal authorities, including John Henry Wigmore, the leading expert on evidence. However, Münsterberg was a sensation in popular media. In this article, the authors examine early attempts to import experimental psychology into the courtroom and the arguments against them. Not only were Münsterberg's findings premature, they touched on a forbidden domain for witnesses: fact finding. While sincere, he learned that the determination of truth lay within the province of juries and judges, not psychologists. Thus, the application of psychology to the law was delayed. The authors review the lessons from Münsterberg's false start and comment on developments in the admissibility of scientific testimony.

  14. Subchronic hepatotoxicity of selenomethionine ingestion in mallard ducks

    USGS Publications Warehouse

    Hoffman, D.J.; Heinz, G.H.; LeCaptain, L.J.; Bunck, C.M.; Green, D.E.

    1991-01-01

    Twoyearold male mallards (Anas platyrhynchos) received a control diet (0.2 ppm Se) or diets containing 1, 2, 4, 8, 16, or 32 ppm Se as selenomethionine for 14 wk. Se accumulated readily in the liver in a dosedependent manner, reaching a mean concentration of 29 ppm (wet weight) in the 32 ppm group. Dietary Se of 2 ppm or greater increased plasma glutathione peroxidase activity. Mortality (10%) and histopathological effects, including bile duct hyperplasia and hemosiderin pigmentation of the liver and spleen, occurred in the 32 ppm group. These histopathological effects were accompanied by lower hemoglobin concentrations (16 and 32 ppm groups) and hematocrit (32 ppm group), and elevated plasma alkaline phosphatase activity (32 ppm group) indicative of cholestatic liver inJury. Other manifestations of hepatotoxicity included significant linear dose responses for hepatic oxidized glutathione (GSSG) concentrations and ratio of GSSG to reduced glutathione (GSH). Means for both of these responses differed from controls in groups receiving 832 ppm Se. Mean hepatic GSH and malondialdehyde (a measure of lipid peroxidation) concentrations were significantly elevated in the 16 and 32 ppm groups. Subchronic effects of selenomethionine, which occurs in vegetation, are of particular interest with respect to the health of wild aquatic birds in seleniferous locations.

  15. Strain variability, injury distribution, and seizure onset in a mouse model of stroke in the immature brain.

    PubMed

    Comi, Anne M; Johnston, Michael V; Wilson, Mary Ann

    2005-01-01

    Neonatal stroke is an important cause of neurologic morbidity and cerebral palsy. Recently, we have determined that in postnatal day 12 CD1 mice unilateral carotid ligation alone results in seizures and brain injury. We have shown that, in this model, seizure scores correlate with brain injury scores. We have applied this model to another strain of mice to assess strain-related differences in vulnerability to seizures and brain injury after unilateral carotid ligation. Under isoflurane anesthesia, unilateral right-sided carotid ligation was performed in postnatal day 12 C3HeB/FeJ mice followed by a 4-hour period of observation in a 35 degrees C incubator. Seizure scores and brain jury scores were assigned and compared to scores in mice receiving sham surgery. Timing of seizure onset and regional distribution of brain injury were compared in the CD1 and C3HeB/FeJ mice. Unilateral carotid ligation in postnatal day 12 C3HeB/FeJ mice resulted in seizure behavior and brain injury in some animals, with similar time to seizure onset and regional injury distribution, but affected a significantly smaller percentage of C3HeB/FeJ pups than that observed in postnatal day 12 CD1 mice, indicating strain-related vulnerability in this model. PMID:16046846

  16. A sound quality model for objective synthesis evaluation of vehicle interior noise based on artificial neural network

    NASA Astrophysics Data System (ADS)

    Wang, Y. S.; Shen, G. Q.; Xing, Y. F.

    2014-03-01

    Based on the artificial neural network (ANN) technique, an objective sound quality evaluation (SQE) model for synthesis annoyance of vehicle interior noises is presented in this paper. According to the standard named GB/T18697, firstly, the interior noises under different working conditions of a sample vehicle are measured and saved in a noise database. Some mathematical models for loudness, sharpness and roughness of the measured vehicle noises are established and performed by Matlab programming. Sound qualities of the vehicle interior noises are also estimated by jury tests following the anchored semantic differential (ASD) procedure. Using the objective and subjective evaluation results, furthermore, an ANN-based model for synthetical annoyance evaluation of vehicle noises, so-called ANN-SAE, is developed. Finally, the ANN-SAE model is proved by some verification tests with the leave-one-out algorithm. The results suggest that the proposed ANN-SAE model is accurate and effective and can be directly used to estimate sound quality of the vehicle interior noises, which is very helpful for vehicle acoustical designs and improvements. The ANN-SAE approach may be extended to deal with other sound-related fields for product quality evaluations in SQE engineering.

  17. You can't do that! Hugo Münsterberg and misapplied psychology.

    PubMed

    Weiss, Kenneth J; Xuan, Yan

    2015-01-01

    This article examines a false start in the application of psychology to the law. While there had been expert testimony from physicians in criminal and civil cases in America since the nineteenth century, forensic psychology first emerged in the early twentieth century. Following European traditions of experimental psychology, Hugo Münsterberg applied the nascent science of memory research to the assessment of witness credibility. A brilliant and popular Harvard professor, Münsterberg touted his technique of word-association to determine truth. Forensic psychology's development was stalled by resistance from within legal authorities, including John Henry Wigmore, the leading expert on evidence. However, Münsterberg was a sensation in popular media. In this article, the authors examine early attempts to import experimental psychology into the courtroom and the arguments against them. Not only were Münsterberg's findings premature, they touched on a forbidden domain for witnesses: fact finding. While sincere, he learned that the determination of truth lay within the province of juries and judges, not psychologists. Thus, the application of psychology to the law was delayed. The authors review the lessons from Münsterberg's false start and comment on developments in the admissibility of scientific testimony. PMID:26329983

  18. Antilisterial effects of antibacterial formulations containing essential oils, nisin, nitrite and organic acid salts in a sausage model.

    PubMed

    Ghabraie, Mina; Vu, Khanh Dang; Huq, Tanzina; Khan, Avik; Lacroix, Monique

    2016-06-01

    This study was conducted to evaluate the effects of sixteen antibacterial formulations against Listeria monocytogenes in a sausage model using a standard experimental design with 4 independent factors at 2 levels (2(4)). Four independent factors consisted of nisin (12.5-25 ppm), nitrite (100-200 ppm) and organic acid salts (1.55-3.1 %) and the mixture of Chinese cinnamon and Cinnamon bark Essential Oils (EOs) (0.025-0.05 %). Based on the analysis, utilization of low (0.025 %) or high concentration (0.05 %) of EOs in combination with low concentration of nitrite (100 ppm), organic acid salts (1.55 %), and nisin (12.5 ppm) could reduce respectively 1.5 or 2.6 log CFU/g of L. monocytogenes in sausage at day 7 of storage as compared to the control. A predictive equation was created to predict the growth of L. monocytogenes in sausage. The sensory evaluation was then performed on selected optimized formulations in cooked meat (both pork and beef sausages) with a trained jury consisting of 35 individuals, demonstrated the selected antimicrobial formulations were organoleptically acceptable. The results revealed an important role of hurdle technology to control L. monocytogenes in meat product.

  19. Is programmed aging a cause for optimism?

    PubMed

    Mitteldorf, Josh

    2015-01-01

    Aging is now viewed as programmed under genetic control by a growing minority of evolutionary biologists, and a larger proportion of researchers in gerontology. The hypothesis of programmed aging has been regarded as encouraging for anti-aging science. Some mechanisms of programmed aging may present ready targets for medical interference [mitigation alleviation attenuation], while other kinds of programmed mechanism may yet prove to be refractory. The most promising possibility is that the machinery responsible for maintenance of the vibrant and youthful state of the body is never really lost, but de-commissioned by hormonal signals in the aging body; restoring a youthful signaling environment should then be sufficient to prompt the body to restore itself. But it is also possible that aging may be programmed in a way that does not facilitate anti-aging interventions. We identify two possible cases: In the first, the body is programmed to age via neglect rather than by affirmative self-destruction, so that damage is accumulating that the body is beyond the body's power to repair. In the second, aging is controlled by an epigenetic clock whose workings are so intricate as to be intractable for human mastery in the foreseeable future. There is substantial evidence that first of these is not a likely scenario, but the jury is still out on the second. PMID:25902453

  20. The association of state law to breastfeeding practices in the US.

    PubMed

    Smith-Gagen, Julie; Hollen, Robin; Tashiro, Stephanie; Cook, Daniel M; Yang, Wei

    2014-11-01

    We assessed the relationship between breastfeeding initiation and duration with laws supportive of breastfeeding enacted at the state level. We analyzed breastfeeding practices using the 2003-2010 National Health and Nutrition Examination Survey. We evaluated three measures of breastfeeding practices: Mother's reported breastfeeding initiation, a proxy report of infants ever being breastfeed, and a proxy report of infants being breastfeed for at least 6 months. Survey data were linked to eight laws supportive of breastfeeding enacted at the state level. The most robust laws associated with increased infant breastfeeding at 6 months were an enforcement provision for workplace pumping laws [OR (95 % CI) 2.0 (1.6, 2.6)] and a jury duty exemption for breastfeeding mothers [OR (95 % CI) 1.7 (1.3, 2.1)]. Having a private area in the workplace to express breast milk [OR (95 % CI) 1.3 (1.1, 1.7)] and having break time to breastfeed or pump [OR (95 % CI) 1.2 (1.0, 1.5)] were also important for infant breastfeeding at 6 months. This research responds to breastfeeding advocates' calls for evidence-based data to generate the necessary political action to enact legislation and laws to protect, promote, and support breastfeeding. We identify the laws with the greatest potential to reach the Healthy People 2020 targets for breastfeeding initiation and duration.

  1. The effect of the deliberation process and jurors' prior legal knowledge on the sentence: the role of psychological expertise and crime scene photo.

    PubMed

    Finkelstein, Rémi; Bastounis, Marina

    2010-01-01

    An experiment with simulated juries (N = 198) tested the impact of the deliberation process and two extra legal variables on the determination of sentence. Participants were either social science students without prior instruction in criminal law (prior legal knowledge: low-level group) or future professional magistrates completing their final year of training (high-level group). We manipulated the presence versus absence of (i) a non-diagnostic observation of the defendant by a psychology expert and (ii) a realistic crime scene photograph. After controlling for participants' gender and age, our results show that the high-level group was both less sensitive to the manipulated variables and more severe in their sentence than low-level jurors. We observed a post-deliberation increase in pre-deliberation bias such that the non-diagnostic psychological expertise had a stronger post-deliberation impact on the sentence. Finally, an unexpected effect showed that aggressive responses during the psychological observation tended to operate as exculpatory rather than accusatory evidence. Our results are discussed on the basis of previous research and proposals for future research are made.

  2. College students' conceptualizations of deficits involved in mild intellectual disability.

    PubMed

    Musso, Mandi W; Barker, Alyse A; Proto, Daniel A; Gouvier, Wm Drew

    2012-01-01

    Precedential rulings in recent capital murder trials may, in some cases, leave it up to a jury to determine whether or not an individual meets criteria for an intellectual disability (ID) and should be spared from the death penalty. Despite the potential for misconceptions about ID to bias decisions, few empirical studies have examined the public's conceptualizations of individuals with ID. This study sought to examine 890 college students' conceptualizations of the deficits involved in mild ID. Students were asked to respond to two online surveys about the cognitive and adaptive behavior deficits that people with mild ID may experience. While most students were correct about basic facts, such as ID is not contagious and not curable, there was no clear consensus regarding beliefs about individuals with ID getting married, having children, or engaging in other mainstream activities of adult living. Students' responses are examined in light of results of studies that identify and examine bona fide deficits and areas of successful mainstreaming among persons with ID. Implications of misconceptions are discussed.

  3. Competence to be executed: An ethical analysis post Panetti.

    PubMed

    Weinstock, Robert; Leong, Gregory B; Silva, J Arturo

    2010-01-01

    Competence to be executed evaluations in effect can prevent an execution or remove the last meaningful impediment to it. Forensic psychiatrists have primary duties to the legal system and truth and honesty, but like all other areas of medical consultation also should balance conflicting secondary traditional medical ethical duties. Participation in a legally authorized execution so violates medical roles, that it is ethically prohibited by the American Medical Association and American Psychiatric Association. This prohibition includes treatment intended to restore competence to be executed. However, despite the primary treatment intent otherwise being appropriate ethically, like relieving suffering or fostering prison safety, if competence to be executed almost predictably would be a treatment result, at least the risk of this result should be considered ethically as if it were intended. In contrast, competence to be executed assessments can be ethical. Diamond's approach of performing honest evaluations only for the defense is an ethical option for such assessments. However, it is challenging to persuade judges and juries of the objectivity of such honest legitimate assessments. Most practitioners therefore likely would consider assessing competence to be executed for either side. This ethically hazardous position necessitates sensitivity to potentially seriously conflicting duties and roles.

  4. EOS ART: Six Artistic Projects Inspired by Earth Science

    NASA Astrophysics Data System (ADS)

    Kerlow, Isaac

    2015-04-01

    The six projects produced under the artists' residencies at the Earth Observatory of Singapore (EOS) were inspired by Earth science and by the human experience in naturally hazardous regions. These contemporary artworks were created within an interdisciplinary framework that fostered collaborations between artists and scientists. EOS ART was a pilot program that also facilitated the active engagement of regional artists with issues related to Earth science, sustainable societies, and innovative methods for science outreach. An interdisciplinary jury of art critics, curators and Earth scientists selected art projects proposed by regional artists, and funds were awarded to develop and realize the projects. The artworks-including installations, photographs, and video art-were showcased in the "Unearthed" public exhibit at the Singapore Art Museum from March to July of 2014. A 92-page catalog accompanied the show and public seminars about interdisciplinary connections complemented the event. This was a unique example of collaboration between scientific and artistic institutions in Southeast Asia. The paper provides an overview of the motivations, process and accomplished results. The art projects include "Coastline" by Zhang Xiao (China), "Lupang" by Clara Balaguer and Carlos Casas (Philippines and Spain), "Sound of the Earth" by Chen Sai Hua Kuan (Singapore), "Sudden Nature" by Isaac Kerlow (Mexico/USA), "The Possibility of Knowing" by Robert Zhao Renhui (Singapore), and "When Need Moves the Earth" by Sutthirat Supaparinya (Thailand).

  5. Expert witness testimony: rules of engagement.

    PubMed

    Satiani, Bhagwan

    2006-01-01

    Overlooked in most legislative remedies to address the medical malpractice (MMP) crisis is stringent prohibition against the use of "junk science'' in the courtroom and defining the qualifications of an expert witness. Expert witnesses should be required to: (1) to disclose information materially related to the reliability of expert testimony. (2) Filing of a "Daubert brief'': a summary of the plaintiff's expert's opinion along with a resume outlining his/her knowledge, skill, experience, training and education, reputation in the field relevant to the litigation, and complete details of the methodology employed by the expert. (3) An oath or declaration that acknowledges the duty to disclose to the court all information known to the person to be material to the reliability of the expert witness. Rules of evidence: The "Frye test'' or the "general acceptance rule'' has been used by judges to exclude expert testimony unless it is "sufficiently established to have gained general acceptance in the particular field in which it belongs.'' Stricter standards need to be legislated at the state level. The mandatory use of scientific panels by judges in all MMP cases is needed. Legislative relief has been sought by the medical community to address the serious disconnect between negligence and MMP litigation. The use of junk science in the courtroom remains largely unaddressed in the judicial system. Medical societies and legislatures must act to define an expert witness and restrain plaintiff's attorneys from using junk science to influence juries.

  6. Teaching Cell Biology to Nonscience Majors Through Forensics, or How to Design a Killer Course

    PubMed Central

    Arwood, Laura

    2004-01-01

    Nonscience majors often do not respond to traditional lecture-only biology courses. However, these students still need exposure to basic biological concepts. To accomplish this goal, forensic science was paired with compatible cell biology subjects. Several topics such as human development and molecular biology were found to fulfill this purpose. Another goal was to maximize the hands-on experience of the nonscience major students. This objective was fulfilled by specific activities such as fingerprinting and DNA typing. One particularly effective teaching tool was a mock murder mystery complete with a Grand Jury trial. Another objective was to improve students' attitudes toward science. This was successful in that students felt more confident in their own scientific abilities after taking the course. In pre/post tests, students answered four questions about their ability to conduct science. All four statements showed a positive shift after the course (p values ranging from .001 to .036, df = 23; n = 24). The emphasis on experiential pedagogy was also shown to increase critical thinking skills. In pre/post testing, students in this course significantly increased their performance on critical thinking assessment tests from 33.3% correct to 45.3% (p = .008, df = 4; n = 24). PMID:15257341

  7. The case for establishing a board of review for resolving environmental issues: The science court in Canada.

    PubMed

    Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

    2016-07-01

    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC. PMID:26460810

  8. [Consensus conferences as a tool for implementing national policy--a review and international comparison].

    PubMed

    Tal, Orna; Oberlander, Shira; Siebzehner, Miri I

    2014-05-01

    The consensus conference (CC) is a professional methodology for comprehensive decision-making on controversial healthcare issues. The CC is based on health technology assessment, combining an in-depth review of the literature, consultation with experts and discussion within the framework of a broad panel of public and medical representatives. The process has many advantages but was also faces criticism; it reflects democratic deliberation, and reveals an opportunity to bridge the conceptual gap between policymakers and the public. The process enables citizens to be involved in decisions regarding unsolved medical dilemmas, as well as the means for resolving these questions, in an open transparent way. Those who criticize this mechanism refer to the restricted understanding of medical topics by lay-men, leading to only a negligible influence by nonmedical participants. However, the range of successful recommendations varies between countries. Many constraints raise the need for bending and matching the original model to different scenarios around the world; in the USA, an effort was made to preserve professional and academic principles, while in European countries flexibility led to evolving methodologies, and other frameworks developed. Currently, the most common methodology is the "citizen jury", empowering the participation of representatives of the public, as a mirror to preferences of the individual and society. Despite resistance, consensus conferences remain a successful model for policy-making in healthcare for over 30 years. During 2009 the method was even expended for global discussion involving representatives from 38 nations.

  9. College students' conceptualizations of deficits involved in mild intellectual disability.

    PubMed

    Musso, Mandi W; Barker, Alyse A; Proto, Daniel A; Gouvier, Wm Drew

    2012-01-01

    Precedential rulings in recent capital murder trials may, in some cases, leave it up to a jury to determine whether or not an individual meets criteria for an intellectual disability (ID) and should be spared from the death penalty. Despite the potential for misconceptions about ID to bias decisions, few empirical studies have examined the public's conceptualizations of individuals with ID. This study sought to examine 890 college students' conceptualizations of the deficits involved in mild ID. Students were asked to respond to two online surveys about the cognitive and adaptive behavior deficits that people with mild ID may experience. While most students were correct about basic facts, such as ID is not contagious and not curable, there was no clear consensus regarding beliefs about individuals with ID getting married, having children, or engaging in other mainstream activities of adult living. Students' responses are examined in light of results of studies that identify and examine bona fide deficits and areas of successful mainstreaming among persons with ID. Implications of misconceptions are discussed. PMID:22093668

  10. [Rethinking clinical research in surgical oncology. From comic opera to quality control].

    PubMed

    Evrard, Serge

    2016-01-01

    The evidence base for the effectiveness of surgical interventions is relatively poor and data from large, randomized prospective studies are rare with often a poor quality. Many efforts have been made to increase the number of high quality randomized trials in surgery and theoretical proposals have been put forward to improve the situation, but practical implementation of these proposals is seriously lacking. The consequences of this policy are not trivial; with very few patients included in surgical oncology trials, this represents wasted opportunity for advances in cancer treatment. In this review, we cover the difficulties inherent to clinical research in surgical oncology, such as quality control, equipoise, accrual, and funding and promote alternative designs to the randomized controlled trial. Although the classic randomized controlled trial has a valid but limited place in surgical oncology, other prospective designs need to be promoted as a new deal. This new deal not only implicates surgeons but also journal editors, tender jury, as well as regulatory bodies to cover legal gaps currently surrounding surgical innovation.

  11. Evaluation of facial divine proportion in North Indian Population

    PubMed Central

    Khan, Naseem Ahmad; Nagar, Amit; Tandon, Pradeep; Singh, Gulshan Kumar; Singh, Alka

    2016-01-01

    Objective: To evaluate the facial divine proportion and its relationship with facial attractiveness in North Indian population. Materials and Methods: For evaluation of various facial proportions, standardized frontal facial photographs of total 300 subjects between 18 and 30 years of age were obtained. Black and white copies of these photographs were presented in front of an evaluation jury for assigning scores of facial attractiveness and finally 130 attractive subjects were selected. These subjects were divided into two groups, Group I (attractive females n = 65) and Group II (attractive males n = 65) and they were further analyzed for various parameters of facial proportions. Unpaired Student's t-test was used to compare both groups. Results: Group I showed that five of seven vertical facial proportions were close to divine proportion (1.618) whereas only two vertical proportions in Group II were close to it. Transverse facial proportions in both groups deviated more from divine proportion (1.618) and were closer to silver proportion (1.414). Conclusions: Most of the facial proportions of attractive females in the North-Indian population were close to the divine proportion. Thus, facial divine proportion could be an important factor in the perception of facial attractiveness of North-Indian attractive females. PMID:27630502

  12. Defendants challenge class action certification.

    PubMed

    Dubin, C S; Wadleigh, J

    1995-04-01

    The National Hemophilia Foundation (NHF) and the manufacturers of Anti-Hemophilia Factor Concentrates (AHF) are being sued in a class action case for ignoring and downplaying risks of HIV infection from AHF in order to enhance their financial gain. The defendants in the case, however, have challenged the class action certification. Their Petition for a Writ of Mandamus argues that a class action lawsuit is not an appropriate legal vehicle for this type of case because, among other reasons, it will place an entire industry's survival in the hands of a single jury decision. The two primary challenges to certification by the petition are that 1) it would complicate hemophilia/AIDS litigation and not simplify it, and 2) there is no common definition of negligence throughout state law. With certification in question, it is conceivable, according to attorney David Shrager, "that hundreds or even thousands of additional claims will now be filed in state and Federal courts throughout the country." Essentially, the defense against the Writ argues that the defendants knew in the 1960s of the high risk from known and new viruses in the plasma pools, that they had a duty to reduce such risk, and that they not only failed to withdraw their products from the market, they downplayed the harm done to persons who used contaminated AHF by making misleading statements. The class action trial is scheduled to begin October 2, 1995. PMID:11362336

  13. RandomForest4Life: a Random Forest for predicting ALS disease progression.

    PubMed

    Hothorn, Torsten; Jung, Hans H

    2014-09-01

    We describe a method for predicting disease progression in amyotrophic lateral sclerosis (ALS) patients. The method was developed as a submission to the DREAM Phil Bowen ALS Prediction Prize4Life Challenge of summer 2012. Based on repeated patient examinations over a three- month period, we used a random forest algorithm to predict future disease progression. The procedure was set up and internally evaluated using data from 1197 ALS patients. External validation by an expert jury was based on undisclosed information of an additional 625 patients; all patient data were obtained from the PRO-ACT database. In terms of prediction accuracy, the approach described here ranked third best. Our interpretation of the prediction model confirmed previous reports suggesting that past disease progression is a strong predictor of future disease progression measured on the ALS functional rating scale (ALSFRS). We also found that larger variability in initial ALSFRS scores is linked to faster future disease progression. The results reported here furthermore suggested that approaches taking the multidimensionality of the ALSFRS into account promise some potential for improved ALS disease prediction.

  14. The case for establishing a board of review for resolving environmental issues: The science court in Canada.

    PubMed

    Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

    2016-07-01

    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC.

  15. Reliability of Children’s Testimony in the Era of Developmental Reversals

    PubMed Central

    Brainerd, C. J.; Reyna, V. F.

    2012-01-01

    A hoary assumption of the law is that children are more prone to false-memory reports than adults, and hence, their testimony is less reliable than adults’. Since the 1980s, that assumption has been buttressed by numerous studies that detected declines in false memory between early childhood and young adulthood under controlled conditions. Fuzzy-trace theory predicted reversals of this standard developmental pattern in circumstances that are directly relevant to testimony because they involve using the gist of experience to remember events. That prediction has been investigated during the past decade, and a large number of experiments have been published in which false memories have indeed been found to increase between early childhood and young adulthood. Further, experimentation has tied age increases in false memory to improvements in children’s memory for semantic gist. According to current scientific evidence, the principle that children’s testimony is necessarily more infected with false memories than adults’ and that, other things being equal, juries should regard adult’s testimony as necessarily more faithful to actual events is untenable. PMID:23139439

  16. An undergraduate course to bridge the gap between textbooks and scientific research.

    PubMed

    Wiegant, Fred; Scager, Karin; Boonstra, Johannes

    2011-01-01

    This article reports on a one-semester Advanced Cell Biology course that endeavors to bridge the gap between gaining basic textbook knowledge about cell biology and learning to think and work as a researcher. The key elements of this course are 1) learning to work with primary articles in order to get acquainted with the field of choice, to learn scientific reasoning, and to identify gaps in our current knowledge that represent opportunities for further research; 2) formulating a research project with fellow students; 3) gaining thorough knowledge of relevant methodology and technologies used within the field of cell biology; 4) developing cooperation and leadership skills; and 5) presenting and defending research projects before a jury of experts. The course activities were student centered and focused on designing a genuine research program. Our 5-yr experience with this course demonstrates that 1) undergraduate students are capable of delivering high-quality research designs that meet professional standards, and 2) the authenticity of the learning environment in this course strongly engages students to become self-directed and critical thinkers. We hope to provide colleagues with an example of a course that encourages and stimulates students to develop essential research thinking skills. PMID:21364103

  17. A novel predictive control algorithm and robust stability criteria for integrating processes.

    PubMed

    Zhang, Bin; Yang, Weimin; Zong, Hongyuan; Wu, Zhiyong; Zhang, Weidong

    2011-07-01

    This paper introduces a novel predictive controller for single-input/single-output (SISO) integrating systems, which can be directly applied without pre-stabilizing the process. The control algorithm is designed on the basis of the tested step response model. To produce a bounded system response along the finite predictive horizon, the effect of the integrating mode must be zeroed while unmeasured disturbances exist. Here, a novel predictive feedback error compensation method is proposed to eliminate the permanent offset between the setpoint and the process output while the integrating system is affected by load disturbance. Also, a rotator factor is introduced in the performance index, which is contributed to the improvement robustness of the closed-loop system. Then on the basis of Jury's dominant coefficient criterion, a robust stability condition of the resulted closed loop system is given. There are only two parameters which need to be tuned for the controller, and each has a clear physical meaning, which is convenient for implementation of the control algorithm. Lastly, simulations are given to illustrate that the proposed algorithm can provide excellent closed loop performance compared with some reported methods. PMID:21353217

  18. (Mis) representations of the long-term effects of childhood sexual abuse in the courts.

    PubMed

    Brown, D

    2000-01-01

    This study addresses the (mis) representations made by pro-false memory attorneys and expert witnesses in court regarding the long-term effects of childhood sexual abuse (CSA). Five pro-false memory positions were identified: (1) there is no causal connection between CSA and adult psychopathology; (2) the evidence is insufficient; (3) CSA does not cause specific trauma-related outcomes like borderline and dissociative identity disorder; (4) other variables than CSA explain the variance of adult psychopathology; and (5) the long-term effects of CSA are general and non-specific. Examining the testimony revealed that such pro-false memory testimony was based solely on a partial understanding of retrospective data and that pro-false memory experts do not cite the more recent prospective data. Reviewing the totality of the scientific evidence demonstrates that such pro-false memory testimony is inaccurate and has the potential of misleading the jury. Prospective studies provide sufficient evidence to causally link CSA to a number of areas of adult psychopathology including multiple, co-morbid psychiatric conditions, and possibly to link early parent-infant attachment pathology to the development of borderline and dissociative identity disorder.

  19. The INFVo perceptual rating scale for substitution voicing: development and reliability.

    PubMed

    Moerman, Mieke; Martens, Jean-Pierre; Crevier-Buchman, Lise; de Haan, Else; Grand, Stephanie; Tessier, Christophe; Woisard, Virginie; Dejonckere, Philippe

    2006-05-01

    In this paper, an experimental study of inter-judge consistency for the different dimensions of a recently proposed new scale for the rating of substitution voices is presented. The IINFVo rating scale tries to score five parameters, namely impression, intelligibility, noise, fluency and voicing. Each parameter is scored between 0 (very good substitution voicing) and 10 (very deviant substitution voicing) on a visual analogue scale. Inter-judge consistencies were measured among semi-professional as well as among professional jury members. The consistencies among semi-professionals, expressed as Pearson correlation coefficients, ranged from moderate to good (0.57-0.68), whereas those among professionals were good to excellent (0.82-0.87) and compared favourably to consistency figures published for traditional perceptual evaluation scales such as the GRBAS scale for laryngeal dysphonia. Since there is a strong correlation between the scores of impression and intelligibility, and since intelligibility is hard to score by non-native listeners, we suggest taking the mean of the two scores as the "impression" of a modified dimensional INFVo rating scale. Our experiments demonstrate that the INFVo rating scale has good potential to become a routine perceptual evaluation method in a multidimensional assessment protocol for substitution voicing.

  20. American medical malpractice litigation in historical perspective.

    PubMed

    Mohr, J C

    2000-04-01

    Medical malpractice and the problems associated with it remain an important issue in the US medical community. Yet relatively little information regarding the long-term history of malpractice litigation can be found in the literature. This article addresses 2 questions: (1) when and why did medical malpractice litigation originate in the United States and (2) what historical factors best explain its subsequent perpetuation and growth? Medical malpractice litigation appeared in the United States around 1840 for reasons specific to that period. Those reasons are discussed in the context of marketplace professionalism, an environment that provided few quality controls over medical practitioners. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors. Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance. Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United States. Knowledge of these historical factors may prove useful to those seeking to reform the current medical malpractice litigation system. PMID:10755500