Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making,
2023
The University of Southern Mississippi
Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones
Dissertations
Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary,
2023
Pepperdine University
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Secret Shoals Of The Shadow Docket,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Secret Shoals Of The Shadow Docket, Andrew J. Wistrich
Nevada Law Journal
No abstract provided.
Addressing The Toll Of Truth Telling,
2023
Brooklyn Law School
Addressing The Toll Of Truth Telling, Inga N. Laurent
Brooklyn Law Review
Across the United States, there are mounting and renewed calls for applying restorative justice principles to deeply entrenched societal ills based on reconciliation, namely in the form of truth and reconciliation commissions (TRCs). Amid our great mobilization, we would be wise to pause, contemplating lessons from lived experiences. Since the 1970s, approximately thirty-five national truth commissions have taken place. In South Africa, Canada, Sierra Leone, and many processes, TRCs have proven adept at cataloguing approved instances of victim and survivors’ (VS) stories and elaborately contextualizing conflict through a new historical lens. Despite the transformative potential of TRCs, they are still …
An Archival Exploration Of Lineup Fairness In Eyewitness Research,
2023
CUNY John Jay College
An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane
Student Theses
In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States,
2023
California State University, Monterey Bay
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States, Mad Bolander, Emily Greaves, Amada Villa Nueva Lobato
Ethnic Studies Research Paper Award
Our podcast attempts to convey indigenous healing efforts since the time of BIA schools in the United States. With the ICWA ruled unconstitutional, we ask what have the lived experiences been of native children who were forcibly removed from their families and tribes? And what does this mean for children who might now be taken away from their families again without the protection of the ICWA?
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis,
2023
CUNY John Jay College
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe
Student Theses
In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …
The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace,
2023
Embry-Riddle Aeronautical University
The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman
Doctoral Dissertations and Master's Theses
This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System,
2023
New York Law School
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.
In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …
Preventing A (Replication) Crisis In The Courtroom,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Preventing A (Replication) Crisis In The Courtroom, Kaitlin Mccormick-Huhn
Nevada Law Journal
No abstract provided.
Political Polarization: Psychological Explanations And Potential Solutions,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt
Nevada Law Journal
No abstract provided.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Stigma In The Statute: When The Language Of The Law Injures,
2023
William & Mary Law School
Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino
William & Mary Law Review
Jurists frequently consider the extent to which a writer’s or speaker’s harmful statements may be actionable under the law. But what should be done when the law itself contains harmful language? Consider the case of individuals with alcohol use disorder (AUD). Hundreds of federal and state statutes refer to these individuals as “addicts,” “abusers,” “alcoholics,” “drunkards,” “inebriates,” and “intemperates.” These statutes exist notwithstanding research showing that these words provoke negative thinking by others, including thinking that individuals with AUD are more deserving of punishment and less deserving of treatment. These laws persist in the face of research showing that these …
Gender And Deception: Moral Perceptions And Legal Responses,
2023
Georgetown University Law Center
Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan
Georgetown Law Faculty Publications and Other Works
Decades of social science research has shown that the identity of criminal defendants and alleged victims often affects case outcomes. Parties’ race, gender, class, and age affect decisions of prosecutors, judges, juries, and other actors in the criminal system. Less studied has been how identity might affect other forms of legal regulation. This essay begins to explore how parties’ gender might figure into legal decisionmakers’ responses to deceptive behavior. More specifically, we explore the hypothesis that ordinary people tend to perceive deception of women as more wrongful than deception of men, and that such perceptions can affect both case outcomes …
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias,
2023
University of Sydney
Metaresearch, Psychology, And Law: A Case Study On Implicit Bias, Jason Chin, Alexander Holcombe, Kathryn Zeiler, Patrick Forscher, Ann Guo
Faculty Scholarship
When can scientific findings from experimental psychology be confidently applied to legal issues? And when applications have clear limits, do legal commentators readily acknowledge them? To address these questions, we survey recent findings from an emerging field of research on research (i.e., metaresearch). We find that many aspects of experimental psychology’s research and reporting practices threaten the validity and generalizability of legally relevant research findings, including those relied on by courts and policy-setting bodies. As a case study, we appraise the empirical claims relied on by commentators claiming that implicit bias deeply affects legal proceedings and practices, and that training …
