Social and Behavioral Sciences Commons^™

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

No abstract provided.

Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds

John H. Blume

No abstract provided.

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Police Crime Arrests In The United States, 2011, Philip M. Stinson, Evin J. Carmack, Jacob M. Frankhouser, Mallorie A. Wilson

Philip M Stinson

Purpose – The purpose of the study is to provide empirical data on cases of police crime arrests during the year 2011. The study identifies and describes incidents in which nonfederal sworn law enforcement officers were arrested for one or more criminal offenses.

Research Design & Method – The study is a quantitative content analysis of news articles identified through the Google News search engine using 48 automated Google Alerts queries. The unit of analysis in this study is criminal arrest case (not individual arrested officer).

Intercoder Reliability – The Krippendorf’s alpha coefficient is strong (Krippendorf’s α = .9153) across …

A Century Of Patent Litigation In Perspective, Ron D. Katznelson

Ron D. Katznelson

When comparing patent litigation rates or “rarity” across decades, one must take into account the proportion to the actual scale of commercial activities that give rise to patent disputes. Such normalizing scales are preferably national metrics of commercial activity such as (a) the number of patents issued in the year, (b) the total number of patents in force over which disputes may arise, (c) the total number of Federal civil suits, or (d) the economic scale of the Gross National Product (GDP) in real dollars. This paper marshals for the first time information on all patent litigation in Federal district …

Hiv Disclosure As Practice And Public Policy, Barry D. Adam

Barry D Adam

Responses to the largest surveys of HIV-positive people in Ontario show that most either disclose to or do not have partners who are HIV-negative or of unknown status. Non-disclosure strategies and assumptions are reported by relatively small sets of people with some variation according to employment status, sexual orientation, gender, ethnicity, and having had a casual partner. Interviews with 122 people living with HIV show that disclosure is an undertaking fraught with emotional pitfalls complicated by personal histories of having misread cues or having felt deceived leading up to their own sero-conversion, then having to negotiate a stigmatized status with …

Capitalism And Criminal Justice, Peter Kraska, John Brent

Peter Kraska

Capitalism and Criminal Justice examines how state and economic forces work together through a dialectic process in efforts to prepare social and cultural capital for economic accumulation. This unique book demonstrates the close working relationship between the state and market by focusing on two recent trends: the emergence of the Ultimate Fighting Championship (cage-fighting) and the use of performance enhancing drugs (PEDs). These trends are examined as illustrative of the state/market nexus in sanctioning and criminalizing transgressive behaviors. The books aims to both deepen criminology’s understanding of the criminalization/legalization process, and introduce a genre of theoretical work not often employed …

Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.

Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman

Floralynn Einesman

No abstract provided.

The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson

LESTER JACKSON

Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …

Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz

Thomas H. Morawetz

No abstract provided.

Law Enforcement, Community, And Military Tactics: What’S The Conflict?, Stacey Cotton, Peter Kraska, James Pikl

Peter Kraska

Local law enforcement is a critical community service, and the expense of maintaining a modern and effective police force can be substantial in relation to local resources. At the same time, military equipment, SWAT teams, and aggressive search and seizure tactics have been called into question by the recurring loss of innocent life and Fourth Amendment concerns attendant to the use of overwhelming force. This panel will consider the funding mechanisms available to police and sheriff departments for equipment and capital investments, the incentives these revenues create, and the conflicts between community trust and the atmosphere of counter-insurgency which military …

Policing Kentucky's School Children: Issues And Trends, Peter Kraska, Matthew Dimichele

Peter Kraska

The purpose of this research bulletin is to document the scope and nature of an important dimension of the school safety movement--the degree to which schools in Kentucky are being "policed" by public police agencies. A shift toward having an active police presence in our public schools, an unprecedented and significiant development, should be examined carefully.

Swat In The Commonwealth: Trends And Issues In Paramilitary Policing, Peter B. Kraska

Peter Kraska

Movies and television shows depicting a future where law enforcement officers look like military soldiers may not be wholly inaccurate. In the last ten years, SWAT teams, or "police paramilitary units" (PPC's) have become an influential force in contemporary policing. Academic research and the news media have recently taken note of this development and have highlighted several important trends and issues related to paramilitary policing. These include the rapid growth of PPU's, their movement into mainstream police functions and the potential negative consequences of such a shift. This study overviews national trends in paramilitary policing using two national surveys. It …

Changing The Culture Of Reporting Suspicious Behavior, Rick Parfitt

Rick Parfitt

No abstract provided.

Stato Moderno E Pubblico Ministero. Il Modello Brasiliano, Eduardo Meira Zauli Dr.

Eduardo Meira Zauli

No abstract provided.

Attitude Structures Of Different Ethnic And Age Groups Concerning Police, Peggy Sullivan, Roger Dunham, Geoffrey Alpert

Roger G. Dunham Dr.

No abstract provided.

Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert

Roger G. Dunham Dr.

No abstract provided.

Replication Of Known Dental Characteristics In Porcine Skin: Emerging Technologies For The Imaging Specialist, L. Thomas Johnson, Thomas W. Radmer, Dean C. Jeutter, Gary L. Stafford, Joseph Thulin, Thomas Wirtz, George Corliss, Kwang W. Ahn, Alexis Visotky, Ronald L. Groffy

George F Corliss

This study demonstrates that it is sometimes possible to replicate patterns of human teeth in pig skin and determine scientifically that a given injury pattern (bite mark) correlates with the dentitions of a very small proportion of a population dataset, e.g., 5 percent or even 1 percent. The authors recommend building on the template of this research with a sufficiently large database of samples that reflects the diverse world population. They also envision the development of a sophisticated imaging software application that enables forensic examiners to insert parameters for measurement, as well as additional methods of applying force to produce …

Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.

Dr. Sharlette A. Kellum-Gilbert

Consciously or subconsciously, educators are funneling our children from schools to prisons. Moreover, they’re uploading African American and Hispanic children into the system at a number that is measurably out of proportion to their White counterparts. Ticketing students for minor behavior infractions and labeling them as “alternative” often causes them to act out alternatively. Becker (1963) believes that those who create rules and labels for others that do not follow those rules are actually responsible for creating deviance. Ultimately, when students are hastily ticketed and charged when they act out, it’s much easier for them to drop out of school …

Replication Of Known Dental Characteristics In Porcine Skin: Emerging Technologies For The Imaging Specialist, L. Thomas Johnson, Thomas W. Radmer, Dean C. Jeutter, Gary L. Stafford, Joseph Thulin, Thomas Wirtz, George Corliss, Kwang W. Ahn, Alexis Visotky, Ronald L. Groffy

Thomas W Radmer

This study demonstrates that it is sometimes possible to replicate patterns of human teeth in pig skin and determine scientifically that a given injury pattern (bite mark) correlates with the dentitions of a very small proportion of a population dataset, e.g., 5 percent or even 1 percent. The authors recommend building on the template of this research with a sufficiently large database of samples that reflects the diverse world population. They also envision the development of a sophisticated imaging software application that enables forensic examiners to insert parameters for measurement, as well as additional methods of applying force to produce …

Justice And Starvation In Cambodia: The Khmer Rouge Famine, Randle C. Defalco

Randle C DeFalco

No abstract provided.

Translation Of Legal Texts Between Arabic And English: The Case Study Of Marriage Contracts, Mohammed H. Al Aqad

Mohammed H. M. Al Aqad

Over decades, there used to be a number of studies on Legal translation since it was one of the most challenging issues for translators and it still a critical and authoritative translation produced by legal bodies. Actually, translating legal texts might raise some problems in translation pertaining to the differences between the Source and Target Texts. Thus, it can result in a certain amount of ambiguity with respect to the legal texts, as it belongs to people‟s beliefs and cultures. This study investigates the quality of the translated message from Arabic into English. Hence, the focus is on the changes …

The Conventional Option, Gregory Koger

Gregory Koger

When Eyewitnesses Are Also Earwitnesses: Effects On Visual And Voice Identifications, Hunter A. Mcallister, Robert H.I. Dale, Norman J. Bregman, Allyssa Mccabe, C. Randy Cotton

Robert H. I. Dale

In Experiment 1, subjects witnessed a mock crime either visually or both auditorily and visually. A visual lineup was conducted with either a guilty or an innocent suspect present. Identification accuracy of visual-only versus auditory-visual witnessed did not differ, although the diagnosticity ratio for the visual-only condition was more than twice as large. Thus, there was only limited support for auditory information interfering with encoding visual information. In Experiment 2, subjects witnessed a mock crime either auditorily or both auditorily and visually. A voice lineup was conducted with either a guilty or an innocent suspect present. Consistent with Yarmey’s (1986) …

Effects Of Lineup Modality On Witness Credibility, Hunter A. Mcallister, Robert H.I. Dale, Cynthia E. Keay

Robert H. I. Dale

Three experiments were conducted to explore the credibility of earwitness versus eyewitness testimony among American college students. Experiment 1 demonstrated that subjects were less likely to identify the perpetrator of a simulated crime in auditory lineups than in visual or auditory-visual lineups. In Experiment 2, subjects observed a videotaped witness from Experiment 1 make an identification. Contrary to actual accuracy data, subjects were as believing of the identifications made by auditory witnesses as they were of the identifications made by visual or auditory-visual witnesses. In Experiment 3, mock jurors in a simulated robbery trial believed auditory lineup identifications as much …