Social and Behavioral Sciences Commons^™

Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Humans believe that other humans lie, especially when stakes are high. Stakes can be very high in a courtroom, from substantial amounts of monetary damages in civil litigation to liberty or life in criminal cases. One of the most frequently disputed issues in U.S. courts is whether litigants are malingering when they allege physical or mental conditions for which they are seeking damages or which would allow them to avoid criminal punishment. Understandably, creating a scientific method to detect lies is very appealing to all persons engaged in lie detection. Neuropsychologists claim that they can use neuropsychological assessment tests (Malingering …

Widening The Aperture: A Case Study Of Widening The Definition Of Evidence For Strategy, Jennifer James, Sandra Hilliard

The Foundation Review

The need to “widen the aperture” to consider different types and sources of evidence is paramount to sharpening grantmaking strategies that are in service of those we seek to serve. This article describes an underlying process of identifying and applying equity considerations in the evidence considered for strategy development in the context of a large, national foundation.

The aim was to develop a “common evidence base” — the core of which was a database library — and what was understood from the evidence was synthesized to bring together what was currently known, the edges of the foundation’s understanding, and emerging …

Building On A Decade Of Hope: Why We Must Champion The Human Experience, Jason A. Wolf

Patient Experience Journal

The pages of PXJ have served a primary purpose, to expand the evidence on patient experience and push the boundaries of innovation in this critical work. But through this commitment, PXJ has seen much more happen. The contributions of our thousands of authors, reviewers and editors have also fostered an environment of connection. PXJ has emerged as something more than just a journal. It has become a place for conversation. It has served as a conduit for expanding excellence in practice. It has fostered new thinking. And it has broadened our global community. There is something very special found on …

Appraising Evidence For Valence, Víctor Carranza-Pinedo

Animal Sentience

I make some remarks about whether evidence of valenced responses constitutes evidence of valenced states, and therefore of sentience, in organisms.

Breaking Barriers To Equity: A Conversation With Dr. Julia Iyasere, Jason A. Wolf Phd

Patient Experience Journal

I was honored to have the opportunity to talk to someone I've been fortunate to meet in the past few months and who has taught me incredible things about the topic of equity in healthcare and even more so the idea of health justice, Dr. Julia Iyasere, Executive Director of the NewYork-Presbyterian Dalio Center for Health Justice. As a physician, an educator, a researcher, and I suggest an evidence-based social activist, Dr. Iyasere has led the establishment and growth of the Dalio Center in just the over 9 months since its launch. But the ideas she champions in her work …

Documentary Ghosts, Tim Gorichanaz

Proceedings from the Document Academy

This paper explores how they documents provide evidence, particularly in anomalous cases, where the evidence is specious. I suggest that it is fruitful to consider such cases with the metaphor of ghosts, as ghosts suggest a breakdown in our everyday understandings of the link between life and death. I describe three types of ghosts and consequently three types of documentary ghosts. Documentary Ghost 1 is a document whose object no longer exists; Documentary Ghost 2 is a document that seems to evince one object, but upon scrutiny it evinces something else; and Documentary Ghost 3 is a document that seems …

The Ethical Use Of Evidence In Public Address Events, Sheryl A. Friedley

Proceedings of the National Developmental Conference on Individual Events

As we enter the decade of the '90s and round the corner heading toward the 21st century, American appear to be more concerned than ever about the issue of "ethics." This continued interest in studying moral behavior has lead to the development of more explicit codes of conduct in business, professional, and educational settings. In keeping with this interest, the forensic community has continued to consider the ethical standards that should be established for use of evidence in public address events.

Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty

Arkansas Law Review

The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis for …

Scaling Programs With Research Evidence And Effectiveness (Spree), Nan Maxwell, Scott Richman

The Foundation Review

Foundations can serve more people by identifying and supporting effective interventions that are ready to be scaled. This article describes a process called SPREE — Scaling Programs with Research Evidence and Effectiveness — that can help funders and their grantees scale successfully. Implementing this process can assist foundations in using evaluation research as a tool to determine which interventions are likely to produce desired outcomes, and to identify which organizations are ready to scale them. The SPREE process is grounded in evaluation and implementation science frameworks and has been applied since 2016 by the Corporation for National and Community Service. …

Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes

William & Mary Law Review

Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review (2017-Present)

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …

Unpacking The Role Of Data In Philanthropy: Prospects For An Integrated Framework, R. Patrick Bixler, Marisa Zappone, Lin Rui Li, Samer Atshan

The Foundation Review

This article reports qualitative research that explores the role of data in philanthropy and proposes an integrated framework. Interviews with charitable foundations in central Texas, including members of a regional evaluation and learning collaborative, reveal an orientation toward data that is becoming increasingly institutionalized.

The research suggests that data are generated and used in a multiplicity of ways, including identifying populations and geographies in need of investment, informing funding decisions for service delivery as well as policy research and advocacy; evaluation and learning; and measuring community impact.

This article discusses these thematic findings, notes specific practices, and presents six principles …

Use Of Soil Chemical Analysis To Detect Commercial Wildlife Game Baits, Aaron Haines, Angela Fetterolf, Meta Griffin, Tristan Conrad, Steven Kennedy

Human–Wildlife Interactions

Hunters and poachers often use commercially-available, nutrient-rich baits to attract wildlife game animals. We used atomic absorption spectroscopy and ion selective electrochemical analysis techniques to determine whether two common proprietary baits (Deer Cane and Acorn Rage) would leave detectable chemical signatures in soil (i.e., Na⁺, Cl^-, and Ca⁺²). Our goal was to evaluate low cost tests which could be replicated by wildlife conservation officers in the field. To complete the evaluation we randomly placed two commercial baits on 3 sites in The Millersville University Biological Preserve in Millersville, PA. We collected soils samples from …

Moving Beyond Materialism: Can Transpersonal Psychology Contribute To Cultural Transformation?, Steve Taylor

International Journal of Transpersonal Studies

The issue of whether it is possible to separate science and metaphysics is discussed, with reference to William James and the writings of quantum physicists. The metaphysical framework of scientific materialism is analysed and some of its key assumptions are identified. It is suggested that these assumptions are becoming increasingly untenable, as is evident by the advocacy of post-materialist science by some contemporary scientists. The main appeal of transpersonal psychology to students and practitioners is arguably its lack of allegiance to a materialist metaphysics. Rather than allying itself to the metaphysical paradigm of naturalistic science or attempting to bracket out …

Evidence, Ronald E. Day

Proceedings from the Document Academy

Subjects found,

Documents lost.

The Value Of Bayesian Statistics For Assessing Credible Evidence Of Animal Sentience, Anil K. Seth, Zoltan Dienes

Animal Sentience

Determining what constitutes practically relevant, statistically significant evidence for animal sentience, under the precautionary principle, could be enhanced through Bayesian statistics. A Bayesian approach allows the incorporation of multiple evidence sources through prior probabilities, the tracking of changing evidence across time, and a principled means of adjusting evidentiary bars via Bayes factors.

Support For The Precautionary Principle, Jennifer Mather

Animal Sentience

The precautionary principle gives the animal the benefit of the doubt when its sentient status is not known. This is necessary for advanced invertebrates such as cephalopods because research and evidence concerning the criteria for sentience are scattered and often insufficient to give us the background for the decision.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

Because I Said So: A Functional Theory Analysis Of Evidence In Political Tv Spots, Jayne R. Henson, William L. Benoit

Speaker & Gavel

This study examines presidential general election television advertising (1952-2004), primary advertising (1952-2008), and non-presidential advertising from 2002 (gubernatorial, U.S. Senate, U.S. House) to understand the use of evidence (statements for which sources are provided) in such campaign messages. 8% of the themes in these spots were supported by evidence (that is, identified a source for a claim). However, the longitudinal presidential data suggests that evidence in advertising was rare until the 1990s, when Bill Clinton in particular employed a great deal of evidence in his spots. Although the appeals across all ads were mainly positive (70% of the themes in …

The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop

Akron Law Review

American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …

Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

Conducting Qualitative Data Analysis: Managing Dynamic Tensions Within, Part One, Ronald J. Chenail

The Qualitative Report

In the third of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail examines the dynamic tensions within the process of qualitative data analysis that qualitative researchers must manage in order to produce credible and creative results. These tensions include (a) the qualities of the data and the qualitative data analysis of these qualities, (b) errors of deficiency and exuberance, (c) tacit and public knowledge, (d) separation and connection, and (e) verticality and horizontality.

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

Applying The Acpo Principles In Public Cloud Forensic Investigations, Harjinder S. Lallie, Lee Pimlott

Journal of Digital Forensics, Security and Law

The numerous advantages offered by cloud computing has fuelled its growth and has made it one of the most significant of current computing trends. The same advantages have created complex issues for those conducting digital forensic investigations. Digital forensic investigators rely on the ACPO (Association of Chief Police Officers) or similar guidelines when conducting an investigation, however the guidelines make no reference to some of the issues presented by cloud investigations. This study investigates the impact of cloud computing on ACPO’s core principles and asks whether these principles can still be applied in a cloud investigation and the challenges presented …

Conducting Qualitative Data Analysis: Qualitative Data Analysis As A Metaphoric Process, Ronald J. Chenail

The Qualitative Report

In the second of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail argues the process can best be understood as a metaphoric process. From this orientation he suggests researchers follow Kenneth Burke’s notion of metaphor and see qualitative data analysis as the analyst systematically considering the “this-ness” of the data from the “that-ness” of the qualitative abstraction drawn about the data. To make this metaphoric pronouncement a convincing case to judges as to the veracity of the juxtaposition of the code to that which is coded, the analyst must employ a recursive process by showing the …

The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn

Federal Communications Law Journal

We thank Professor Baker for a stimulating response to an Article in which we offered empirical evidence of editorial viewpoint diversity in the face of media consolidation. We appreciate his praise of the Article as "apply[ing] innovative statistical techniques" and as "far superior methodologically to most empirical studies" he has seen. At the same time, Baker "denies the policy relevance" to our Article because empirical evidence is "entirely irrelevant" to the field of media regulation under his preferred normative theory. Baker argues sweepingly that the legal academy's increased willingness to consider the perspectives of quantitative empiricists and positive theorists is …

Quantifying Social Entities: An Historical-Sociological Critique, Julian Neylan

The Journal of Sociology & Social Welfare

In formulating social policy the administrative arm of government relies heavily on number-based significations of knowledge, such as needs indicators and performance measures. Relying on numbers increases administrators' confidence in their decisions and shifts responsibility for error away from the decision-maker and towards the numbers. A close examination of the technology of social quantification reveals instability in many of the definitions and codes that needs analysts and program evaluators adopt when numerically inscribing social entities. To deal with these risks, bureaucracies must establish ways of explicitly assessing the uncertainty, imprecision and social construction that often lies behind the evidence presented …

Trends. Alternative Therapies And Resistance To Disconfirming Information In Security Bureaucracies: Perspective Of A Fourth Grader, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the science experiment of a fourth-grader in relation to practitioners of alternative therapies and the health field.