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Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins Sep 2019

Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins

Neal E. Devins

Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.


Justifying Racial Reform, Davison M. Douglas Sep 2019

Justifying Racial Reform, Davison M. Douglas

Davison M. Douglas

No abstract provided.


70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon Jul 2019

70. Children’S Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning., Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

This study examined the role of age, maltreatment status, and executive functioning (EF) on 752 4- to 9-year-old maltreated and nonmaltreated children’s recall disclosure of a transgression in which they appeared to have broken toys while playing with a stranger. Interviewers used narrative practice rapport-building and then questioned children with free recall and cued recall questions. Younger and maltreated children were more likely to disclose during rapport-building, whereas older and nonmaltreated children were more likely to disclose in response to recall questions. Working memory deficits appeared to mediate the relation between children’s characteristics and disclosure during rapport, but not during …


68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon May 2019

68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon

Thomas D. Lyon

Background: Children are often hesitant to disclose transgressions, particularly when they feel implicated, and frequently remain reluctant until confronted with direct questions. Given the risks associated with direct questions, an important issue is how interviewers can encourage honesty through recall questions. Objective: The present study examined the use of three truth induction strategies for increasing the accuracy and productivity of children’s reports about a transgression. Participants: A total of 285 4-to-9-year-old maltreated and nonmaltreated children. Methods: Each child took part in a play session with a stranger during which the child appeared to break some toys. A research assistant interviewed …


68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon May 2019

68. Increasing Maltreated And Nonmaltreated Children’S Recall Disclosures Of A Minor Transgression: The Effects Of Back-Channel Utterances, A Promise To Tell The Truth And A Post-Recall Putative Confession., Kelly Mcwilliams, Stacia N. Stolzenberg, Shanna Williams, Thomas D. Lyon

Thomas D. Lyon

Background: Children are often hesitant to disclose transgressions, particularly when they feel implicated, and frequently remain reluctant until confronted with direct questions. Given the risks associated with direct questions, an important issue is how interviewers can encourage honesty through recall questions. Objective: The present study examined the use of three truth induction strategies for increasing the accuracy and productivity of children’s reports about a transgression. Participants: A total of 285 4-to-9-year-old maltreated and nonmaltreated children. Methods: Each child took part in a play session with a stranger during which the child appeared to break some toys. A research assistant interviewed …


Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu Apr 2019

Exploring Places Of Street Drug Dealing In A Downtown Area In Brazil: An Analysis Of The Reliability Of Google Street View In International Criminological Research, Elenice De Souza Oliveira, Ko-Hsin Hsu

Elenice De Souza Oliveira

This study assesses the reliability of Google Street View (GSV) in auditing environmental features that help create hotbeds of drug dealing in Belo Horizonte, one of Brazil’s largest cities. Based on concepts of “crime generators” and “crime enablers,” a set of 40 items were selected using arrest data related to drug activities for the period between 2007 and 2011. These items served to develop a GSV data collection instrument used to observe features of 135 street segments that were identified as drug dealing hot spots in downtown Belo Horizonte. The study employs an intra-class correlation (ICC) statistics as a measure …


Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones Apr 2019

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

Owen Jones

This Article serves is a sequel to a previous Article: Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999). Part I briefly considers the threshold question: why consider the behavioral biology of sexual aggression at all? Part II proposes that the first step in transitioning to a more accurate and more useful model of rape behavior is to avoid a number of common definitional ambiguities that plague most rape discussions. Because those ambiguities are particularly likely to foster misunderstandings about biobehavioral perspectives, Part II also clarifies the scope of what biobehavioral theories …


The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban Apr 2019

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Owen Jones

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …


The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin Mar 2019

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Gabriel Rubin

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …


67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon Feb 2019

67. The Utility Of Direct Questions In Eliciting Subjective Content From Children Disclosing Sexual Abuse., Stacia N. Stolzenberg, Shanna Williams, Kelly Mcwilliams, Catherine Liang, Thomas D. Lyon

Thomas D. Lyon

Background: Children alleging sexual abuse rarely exhibit emotion when disclosing, but they may be able to describe their subjective reactions to abuse if asked. Objective: This study examined the extent to which different types of questions in child sexual abuse interviews elicited subjective content, namely emotional reactions, cognitive content, and physical sensations.
Participants and Setting: The study included transcripts of 205 Child Advocacy Center interviews with 4- to 12-year-old children alleging sexual abuse.
Methods: We coded questions for question type, distinguishing among invitations, wh- questions, yes/no and forced-choice questions, and suggestive questions. We coded both questions and answers for whether …


66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans Jan 2019

66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first …


The Analysis Of Nonverbal Communication: The Dangers Of Pseudoscience In Security And Justice Contexts, Miles Patterson, Vincent Denault, Pierrich Plusquellec, Louise Jupe, Michel St-Yves Dec 2018

The Analysis Of Nonverbal Communication: The Dangers Of Pseudoscience In Security And Justice Contexts, Miles Patterson, Vincent Denault, Pierrich Plusquellec, Louise Jupe, Michel St-Yves

Miles Patterson

No abstract provided.


Interprofessional Relationships In Rural Offender Re-Entry And Management: Mental Health Treatment Providers And Community Supervision Professionals, Michael Lasher Jun 2018

Interprofessional Relationships In Rural Offender Re-Entry And Management: Mental Health Treatment Providers And Community Supervision Professionals, Michael Lasher

Michael Lasher

The current prevailing approach to managing offenders in the community involves community supervision professionals such as probation and parole officers partnering with other community professionals, such as psychologists, social workers, and other mental health providers to address offenders’ needs.  Each type of professional draws from a unique field with goals, values, and theoretical orientations, which do not necessarily overlap.  These relationships are rarely studied, and previous examinations are limited.  The current study aims to address this deficit in the empirical literature.  Drawing on data obtained from qualitative interviews, four aims were examined.  First, using thematic analysis, interview data are analyzed …


63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon May 2018

63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

Children’s memories for their conversations are commonly explored in child abuse cases. In two studies, we examined conversational recall in 154 4- to 9-year-old children’s reports of an interaction with a stranger, some of whom were complicit in a transgression and were admonished to keep it a secret. Immediately afterwards, all children were interviewed about their interaction. One week later, children were asked recall questions about their interaction with the stranger, their conversations with the stranger, and their conversations with the interviewer. Overall, interaction recall questions elicited few details about children’s conversations, whereas conversation recall questions were effective in doing …


19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams Nov 2017

19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams

Thomas D. Lyon

In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ends of …


60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2017

60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This included …


A Schematic Approach To Understanding Probation Officers' Judgments Of Criminals, Arthur J. Lurigio Sep 2017

A Schematic Approach To Understanding Probation Officers' Judgments Of Criminals, Arthur J. Lurigio

Arthur J. Lurigio

No abstract provided.


Resolving Conflict Through Explicit Bargaining, Elizabeth Heger Boyle, Edward J. Lawler Jul 2017

Resolving Conflict Through Explicit Bargaining, Elizabeth Heger Boyle, Edward J. Lawler

Edward J Lawler

This article analyzes the impact of conciliatory initiatives on conflict resolution in two-party bargaining. It specifically develops and tests a theory of unilateral initiatives derived from Osgood's (1962) notion of Graduated and Reciprocated Initiatives in Tension Reduction (GRIT). The major propositions of the theory indicate that, given a pattern of mutual resistance or hostility, unilateral initiatives and tit-for-tat retaliation in response to punitive action will produce more conciliation and less hostility by an opponent. To test the theory, a bargaining setting was created in a laboratory experiment in which parties exchanged offers and counteroffers on an issue across a number …


Copycat Firesetting: Bridging Two Research Areas, Rebekah Doley, Claire Ferguson, Ray Surette Jun 2017

Copycat Firesetting: Bridging Two Research Areas, Rebekah Doley, Claire Ferguson, Ray Surette

Rebekah Doley

Deliberate firesetting costs our community in destruction to property and lives. Public concern heightens when similar fires occur in a series, raising the specter of copycat firesetting. Difficulties associated with researching copycat crimes in general mean that not a lot is known about copycat firesetting. As an initial step toward filling this research gap, we explore connections between research on copycat crime and research into deliberate firesetting. The intention is to extract salient features from what is known about the phenomena of deliberate firesetting and copycat crime, map them together, and point out shared and unique characteristics. It is argued …


59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon May 2017

59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 examined 345 maltreated 6- to …


Twenty Reasons To Publish In Dignity, Donna M. Hughes Dr. Mar 2017

Twenty Reasons To Publish In Dignity, Donna M. Hughes Dr.

Donna M. Hughes

DIGNITY: A JOURNAL ON SEXUAL EXPLOITATION AND VIOLENCE began publication in late 2016. Dignity is a unique journal among the many academic journals for a number of reasons. Here are twenty reasons for authors to take advantage of its originality and publish an article, editorial, or book/film review in Dignity.


The Relevance Of Emotions In Presidential Public Appeals: Anger’S Conditional Effect On Perceived Risk And Support For Military Interventions, José D. Villalobos, Cigdem V. Sirin Feb 2017

The Relevance Of Emotions In Presidential Public Appeals: Anger’S Conditional Effect On Perceived Risk And Support For Military Interventions, José D. Villalobos, Cigdem V. Sirin

José D. Villalobos

This study investigates whether and to what extent the thematic relevance of emotive stimuli embedded in presidential speeches affects people’s risk perceptions and policy support regarding military interventions in civil conflict. Conducting an experimental study with a total of 1,187 participants, we find the induction of anger via thematically relevant emotive triggers leads to higher levels of support for military interventions in civil conflict even though people’s risk perceptions—which were high across all conditions—remain unaffected. By comparison, the effects of anger on policy support observed in the thematically irrelevant condition do not differ significantly from the emotion-neutral control condition. Thus, …


The Bystander Approach To Sexual Assault Risk Reduction: Effects On Risk Recognition, Perceived Self-Efficacy, And Protective Behavior., Robert S. Bannon, John D. Foubert Dec 2016

The Bystander Approach To Sexual Assault Risk Reduction: Effects On Risk Recognition, Perceived Self-Efficacy, And Protective Behavior., Robert S. Bannon, John D. Foubert

John D. Foubert

Several characteristics of sexual assault awareness programs for women are associated with meeting the goals of risk reduction. To date, the literature lacks an exploration of how single-sex programs affect women, particularly when they take a bystander intervention focus using women's risk recognition and avoidance as outcome measures. The purpose of this study was to investigate the effectiveness of The Women's Program (Foubert, 2011), a sexual assault awareness program geared toward women. Participants consisted of 103 undergraduate women attending a large, public university in the Midwest United States. Women in the treatment group viewed a presentation of The Women's Program, …


57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon Dec 2016

57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

Children’s descriptions of clothing placement and touching with respect to clothing are central to assessing child sexual abuse allegations. This study examined children’s ability to answer the types of questions attorneys and interviewers typically ask about clothing, using the most common spatial terms (on/off, outside/inside, over/under). Ninety-seven 3- to 6-year-olds were asked yes/no (e.g. “Is the shirt on?”), forced-choice (e.g., “Is the shirt on or off?”), open-choice (e.g., “Is the shirt on or off or something else?”), or where questions (e.g., “Where is the shirt?”) about clothing using a human figurine, clothing, and stickers. Across question types, children generally did …


56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon Dec 2016

56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

“Do you know” and “Do you remember” (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated “Yes” responses. Attorneys’ follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated “Yes” or “No” responses could be responding to the explicit or the implicit questions resulting …


55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2016

55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defence lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defence lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to resist was significantly lower for …


Controlling Behaviors Via Social Networking: Associations With Hiv Risk Behaviors Among Adolescent Girls, Meredith C. Joppa, Christie J. Rizzo Jul 2016

Controlling Behaviors Via Social Networking: Associations With Hiv Risk Behaviors Among Adolescent Girls, Meredith C. Joppa, Christie J. Rizzo

Meredith Joppa

No abstract provided.


50. “Where Were Your Clothes?” Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews., Stacia N. Stolzenberg, Thomas D. Lyon Feb 2016

50. “Where Were Your Clothes?” Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews., Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Purpose: The present study examined how children alleging sexual abuse are asked about clothing placement during abusive episodes, both in criminal trials and forensic interviews. The placement of clothing is of great importance, because it facilitates distinguishing abusive touch from non-abusive touch, as well as the severity of abuse when the touching is in fact sexual. If clothing has not been removed, then sexual abuse appears less likely and certain types of sexual contact are physically impossible (or at least highly improbable). Methods: We examined how trial attorneys (n = 142) and forensic interviewers in investigative interviews (n = 155) …


49. Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt., Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon Feb 2016

49. Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt., Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon

Thomas D. Lyon

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, 2015; Klemfuss, Quas, & Lyon, 2014). 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 …


47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon Jan 2016

47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Wh- prompts (what, how, why, who, when, where) vary widely in their specificity and accuracy, but differences among them have largely been ignored in research examining the productivity of different question-types in child testimony. We examined 120 6- to 12-year-olds’ criminal court testimony in child sexual abuse cases to compare the productivity of various wh- prompts. We distinguished among what/how prompts, most notably: what/how-happen prompts focusing generally on events, what/how-dynamic prompts focusing on actions or unfolding processes/events, what/how-causality prompts focusing on causes and reasons, and what/how-static prompts focusing on non-action contextual information regarding location, objects, and time. Consistent with predictions, …