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ISO LibertariansBack in 2010 we blogged on a survey of more than 150,000 Libertarians. We now have an update on Libertarians in America courtesy of the Public Religion Research Institute! Unlike the original survey, this one was based on a random sample of 2,317 American adults (from people who are part of GfK’s Knowledge Panel). Interviews were conducted online in both English and Spanish between September 21, 2013 and October 3, 2013. The results offer multiple tidbits potentially useful in voir dire (or simply for expanding your knowledge of Libertarians in America). The full text of their study is accessible online, but here are a few of the findings we found interesting.

Only 7% of Americans are consistent Libertarians although an additional 15% lean Libertarian.

Libertarians are nearly all non-Hispanic Whites (94%), male (68%), and under age 50 (62%).

Political affiliation skews more Republican (45%) than Democratic (5%) although (as we’ve pointed out in other posts on how the country is changing) half (50%) say they are either unaffiliated, politically independent, or belong to a third party.

Tea Partiers? A substantial portion are, but not entirely. 39% of Libertarians identify as part of the Tea Party movement but 61% do not. Libertarians are about 26% of the Tea Party movement while the majority of Tea Partiers (52%) describe themselves as part of the religious right and 35% say they are white evangelical Protestants.

Libertarians are more likely to pay attention to what is going on in government or politics than the average American. Only 38% of Americans say they pay attention to politics and government “most of the time or always”. Among Libertarians, the majority (56%) endorse this response option.

Libertarians are more strongly opposed than most to raising the minimum wage, Obamacare, and increasing environmental protections (all issues reflecting government involvement in economic policy).

The libertarian profile on social issues diverges from their conservative economic outlook: 57% of Libertarians support abortion rights, 70% support MD-assisted euthanasia, and 71% favor legalizing marijuana. Oddly, considering these liberal views on social issues–a majority of libertarians (59%) oppose same-sex marriage.

Libertarians have more positive feelings toward atheists (46%) than either Tea Party members (33%) or white evangelical Protestants (25%). They are also more positively disposed toward gay and lesbian peoples (49%) than are members of the Tea Party (44%) or white evangelical Protestants (38%).

Nearly 2/3 of Americans (65%) support making pornography more difficult to access on the internet. However, among Libertarians, only 31% favor making pornography more difficult to access while 68% oppose this movement.

This study offers a close-up view of those Americans who consistently respond to questions in a pattern the authors identify as Libertarian. Their responses, according to this report, are much more consistent than those who call themselves Libertarians but are not really identifiable as such based on their responses to a scale measuring political orientation. (We will write about this scale, the Libertarian Orientation Scale, in our next post.)

It isn’t at all clear whether there is a consistent notion of “I am Libertarian”, and whether those jurors and mock jurors we follow carefully are comparable to those in this study. Stay tuned to a post we have scheduled for Wednesday of this week, and we will let you know how to determine whether a person fits the definition of Libertarian used by researchers. And we will continue to observe and track the reactions of our mock jurors who say they are Libertarian and see how their responses relate to their eventual verdict.

Jones, RP Cox, D Navarro-Rivera, J 2013 The 2013 American Values Survey: In Search of Libertarians in America. Public Religion Research Institute.

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how white is your network imageNot very Black at all. In fact, according to the 2013 American Values Survey from the Public Religion Institute, “the average white American’s social network is only 1% black”. But wait. It gets worse.

“Three-quarters of white Americans haven’t had a meaningful conversation with a single non-white person in the last six months.”

We are not talking about Facebook networks. Instead, we are talking about a much more meaningful definition of network. The researchers asked respondents to identify “up to seven people with whom you have discussed important matters in the past six months”. Respondents were then asked to provide descriptors of those individuals’  “gender, race and ethnicity, religious affiliation, 2012 vote preference, and relationship to the respondent”. In fairness, seven people in 6 months could mean that you have a pretty small circle for sharing significant things, but the results remain telling. For most people, this circle could mean family and close, intimate friends. For others, it could mean work collaborators and neighbors. It’s hard to predict. But what is clear is that most people live insular lives, accompanied by others much like themselves.

As you might imagine, the networks of some people were actually quite small.

While only 8% had no one identified in their network, 50% named between 1 and 3 people, and 43% named 4 or more people (up to 7).

People in the networks of Americans responding to this survey were only slightly more likely to be immediate family members (average: 1.8 people) than to be non-immediate family members (average: 1.5 people).

The picture becomes more surprising when we see just how segregated American society is by race and ethnicity. The following is a direct quote from the report.

“The degree of racial and ethnic diversity in Americans’ social networks varies significantly according to their particular race or ethnicity.

Among white Americans, 91 percent of people comprising their social networks are also white, while five percent are identified as some other race.

Among black Americans, 83 percent of people in their social networks are composed of people who are also black, while eight percent are white and six percent are some other race.

Among Hispanic Americans, approximately two-thirds (64 percent) of the people who comprise their social networks are also Hispanic, while nearly 1-in-5 (19 percent) are white, and nine percent are some other race.”

This table shows the tendency toward racial segregation among those with whom we talk about “important issues”.

how white is your network

 

You may think you know why this is the case. It is likely due to commonalities and differences other than race. But we cannot explain away the lack of racial diversity in our social networks by using our go-to arguments like age, political affiliation, gender, or even geographic residence. What differences there are, are fairly small.

It is a startling picture to contemplate considering the way race and the different ways the racial groups view race in this country have been highlighted with first, the Trayvon Martin shooting and now the Michael Brown shooting. We simply “self-segregate” says Robert P. Jones recently in the Atlantic in an article on Ferguson, Missouri. We self-segregate so much that it is no wonder white Americans and black Americans have very different perspectives on race in America. We just don’t talk to each other.

It’s another good reason to reinforce the idea that your client, witness, party is similar to the jury even if they are racially different. We need to expose our white jurors to the experience of black and brown Americans. We call it using universal values. This survey data would say our social networks and our day-to-day lives are not filled with an awareness of how universal those values actually are.

The American Values Survey: Race and Americans’ Social Networks. 2013 Public Religion Research Institute. http://publicreligion.org/research/2014/08/analysis-social-network/

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Admissibility of brain scans in criminal trials

Wednesday, October 1, 2014
posted by Rita Handrich

brain normal or murdererIt’s been a while since we’ve done an update on neurolaw issues and we think you’ll want to read the entire article upon which this post is based. The article is published in Court Review: Journal of the American Judges Association (which is probably a journal you would benefit from perusing regularly). The article (authored by a psychiatry professor with both MD and JD degrees) offers a review of past courtroom use of the Positive Emission Tomography (commonly referred to as a PET scan) and their potential admissibility for criminal trials. This is obviously a very contentious topic but one that is essential for trial advocates to monitor.  Here are just a few of the thoughts on (past and future) admissibility of the PET Scan that Dr. Rushing offers to the judges for whom the journal is written.

Pretrial Competency Hearings:

If during pretrial examination, a defendant is found incompetent to stand trial, the examiner offers a diagnosis and a prognosis for when (and how) competency can be restored. If the examiner believes competency cannot be restored, “a PET scan can help illustrate the brain-based abnormality that the examiner detected”.

Guilt Phase of Criminal Trials:

During this phase of a criminal trial the PET can “elucidate damage to areas of the brain that are involved in cognitive functions such as judgment and impulse control”. The author comments that prosecutors may challenge the defense expert’s ability to establish a causal link between the violence and the brain damage (and those challenges have often been successful in excluding PET evidence). However, she says, “PETs colorful imagery of brain damage can be useful during trial or in plea bargaining discussions”.

Penalty Phase of Criminal Trials:

The author comments brain-based deficits are a mitigating factor in cases of both capital and non-capital defendants. She cites 2004 case law mandating the consideration of cognitive and/or neuropsychological limitations even when those limitations have no direct link with homicidal behavior. Thus, she recommends the use of PET scans as mitigating evidence during the sentencing phase of a capital murder trial. This evidence could help a jury understand the limitations of the defendant and thus, they may impose a lesser sentence.

Ineffective Assistance of Counsel Claims for Failure to Explore Brain-Based Abnormalities:

Failure to present evidence on brain damage has been a “factor in overturning death sentences in ineffective-assistance-of-counsel cases”.

Finally, the author opines that the rules of evidence offer clear guidelines regarding “when and for what purposes” evidence such as PET scans can be introduced. She identifies a list of questions for judges to considering at various stages of trial.

Whether you think, as we do, that the colorful PET scans are not yet ready for prime time use in courtrooms around the country or not–when an article is published in a journal directed at judges–it’s probably a good idea to have a look!

Rushing, SE (2014). The admissibility of brain scans in criminal trials: The case of positron emission tomography. Court Review, 50 (2)

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forgiving infidelityAccording to new research, you can’t have both. Inspired by women who told them they “would not vote for Hillary Clinton [in the Presidential primaries a decade later] because she forgave then-President Bill Clinton’s infidelity”, these researchers looked at how male and female observers viewed male and female victims of infidelity based on how they responded to their partner’s behavior.

The researchers did three separate experiments:

The first experiment used 100 male fraternity members (aged 18 to 24 years) who read a story about (ostensibly) a member of their own fraternity whose significant other had posted photos of her infidelity on Facebook. (This is tempting to visualize–what sort of photos do you imagine were purportedly on Facebook?) When confronted, the woman apologized and in response, the fraternity brother either forgave her, broke up with her, or slashed his (ex-)girlfriend’s vehicle tires.

In the second experiment, 114 “female voters” (aged 20 to 79 years) read the story of a woman who was presented as a political candidate. Her spouse of 25 years had an affair with his secretary and when confronted, he apologized. The “female voters” in this study read that the woman either forgave him, divorced him, or slashed his car seats.

In the third experiment, (dare we anticipate the use of a knife again?), 94 male and 131 female undergraduate students (ranging in age from 17 to 55 years of age) participated. Half of them read the story (ostensibly published in their college newspaper) of “Natalie Lewis, a student at a “sister” campus who learned that her male partner, a student body president at another campus and chair of the statewide student senate, was unfaithful”. The other half read a similar scenario but in this case it was a male student leader (“Brandon Thomas”) who learned his female partner had been unfaithful. When confronted, as in the other two experiments, the unfaithful partner apologized. In response to the infidelity, the victim either forgave the partner, broke up with the partner, or (wait for it) posted embarrassing details about the partner’s sexual inadequacy on Facebook. (Well, at least the aggression avoided knife-play!)

We think maybe these researchers have some anger issues (and what is it with all these knives and public shaming?), but here is what they found:

The young fraternity brothers in Experiment 1 rated the “brother” who forgave as about the same level of maturity but as less competent than the brother who left the relationship. However, they did see the forgiving brother as violating shared values as to how one should respond to a publicly revealed infidelity. They rated the brother who forgave as more competent and less damaging to their group reputation in comparison to the brother who slashed her tires. (This is reassuring.)

The “female voters” in experiment two rated the forgiving politician as less competent, slightly weaker, and less worthy of support in comparison with the politician who divorced her philandering spouse. The female voters thought the forgiving politician damaged the group’s (presumably all of womankind) power and status and violated their shared values. They did see the car seat slashing politician more negatively than the forgiving politician (which again, is reassuring).

Finally, in the third study which included male and female undergraduates and featured male and female student leaders with unfaithful partners–observers rated the leader who forgave his or her partner as just as mature as the leader who broke up with the partner and as more mature than the one posting scandalous information on Facebook. However, the one who forgave was seen as weaker, less competent and less worth voting for than the student leader who left the relationship. The one who forgave was seen as violating shared group values and damaging the group’s power and status more so than the one who left. Overall, they preferred the leaver to the forgiver, but in one final gesture of reassurance, these undergraduates preferred forgiveness to retaliation.

In other words, even though participants across all three studies agreed that forgiveness can be mature–it also can make the forgiver appear weak and incompetent. In every experiment, the participants preferred the partner who left the relationship (despite the researcher’s insistence on incorporating slashing knives and public shaming into the scenarios) to the one who forgave–although they preferred the one who forgave to the one who retaliated.

From a litigation advocacy perspective, you need to think carefully about how to repair perceptions of competence and strength if your client has chosen to remain in a relationship after a public infidelity. Obviously, this is more often in the news with male politicians publicly apologizing to their constituents and to their spouses who stand (publicly shamed and likely humiliated) behind them. But, regardless of whether your client is male or female–choosing to stay has consequences. Mature but incompetent and weak political candidates are less electable. We’d guess Hillary’s consultants are on this one, and, if not, she can call us.

It would be interesting to see whether there are correlates of these findings for other forms of trust betrayal. What happens if a company finds an employee has used company assets improperly for personal reasons? Or violated confidentiality? Or violated behavioral guidelines (drinking or drugs on the job, or making sexist jokes, or aggressive behavior). Certainly the current controversy about the degree to which domestic violence should result in workplace ramifications is the biggest headline in professional football right now. Is this going to be treated as an anger management problem that calls for treatment, or misogyny and thuggery that is intolerable? This is an intriguing first phase of a research design with huge social ramifications.

J. Smith, H., Goode, C., Balzarini, R., Ryan, D., & Georges, M. (2014). The cost of forgiveness: Observers prefer victims who leave unfaithful romantic partners European Journal of Social Psychology DOI: 10.1002/ejsp.2054

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female in surgical researchMore than two decades after the 1993 Revitalization Act was signed (stating women and minorities must be included in NIH funded research), females are still under-represented in both “basic science and translational surgical research”.

The authors acknowledge that medical research on human subjects is only a small subset of all medical research. However, even those studies using animals and cells have females under-represented. Why? Females, whether cell, animal or human (due to hormonal fluctuations) are harder and more expensive to study and including them may make the research much more complex to analyze. They are simply not as predictable as male cells, animals or humans.

Yet, there is a growing body of research showing “men and women may manifest diseases differently, experience illnesses differently, and benefit from treatments differently”. The authors list disease processes where male and female patients respond differently, including “but not limited to cardiovascular disease, lung cancer, depression, obesity, osteoporosis, thyroid disorders, multiple sclerosis, and Alzheimer’s Disease”. Yet, the authors tell us, in 2014, “all medications except for zolpidem (Ambien) are dosed the same for men and women, including anesthetics and chemotherapeutics, drugs that can be lifesaving”.

This is a fascinating (and disturbing) article to read and we will simply hit the high points (or should that be low points?). The authors looked at the top 5 surgery journals (i.e., Annals of Surgery, American Journal of Surgery, JAMA Surgery, Journal of Surgical Research, and Surgery) from January 2011 through December 2012. Here is some of what they found on medical research:

One-third of all publications using animals or cells did not specify the sex studied, and when they did specify, 80% studied only males.

For research on cells, 76% did not specify the sex of the subject from whom the  cell studied was drawn. When they did specify, 71% studied only males.

Although a larger percentage of publications now state sex of the animal or cell studied than they did one and two decades ago, more male-only studies are being published. The authors say this reflects the sex disparity in basic research is growing rather than decreasing over time.

Thyroid and cardiovascular disease are female-prevalent disorders and so we might expect more female subjects in those articles. Only 12% of those publications studied females or both sexes.

The authors offer several memorable quotes:

“With robust and surmounting evidence that women are clearly different from men with respect to cardiovascular mortality, it is unacceptable that less than 25% of current cardiovascular trials are designed without apparent regard to sex in terms of trial design, patient selection, and analytic processes.”

“Furthermore, recent population-based outcome studies show that even as mortality has decreased in most counties in the United States from 1992 to 2006, female mortality increased in 42.8% of these counties.”

This, say the authors, is not simply a problem of surgical research, but rather, based on recent review articles, “sex disparity is pervasive across all disciplines for biomedical and clinical research, with most studies showing no improvements over time”.

The good news is that several of the surgical journals revised their requirements after receiving this information from the authors. Now all authors are required to state the sex of the animal or cell used and if they did not use both sexes, they need to give a rationale. It’s a good first step, but certainly not a solution to such a significant problem in medical research. This article does not address whether minorities also remain under-represented, but we’d take a wild guess they may be as well.

From a litigation advocacy perspective, it is worth considering whether this work applies to a personal injury Plaintiff. If there are known differences between how male and female patients respond to a particular disease or surgical procedure or medication–check to see if their treatment was appropriate for their gender or if a female patient was treated “like a man”. These authors (some of them surgeons) cite a 2005 study showing “only one in five physicians across multiple specialties was aware that more women than men die from cardiovascular disease each year, and most of these physicians did not rate themselves as effective in treating sex-tailored cardiovascular disease”. Similarly, product liability cases involving medical products or medicines could be informed by this research as well.

What should they have known?

What should they have considered?

What would it have cost them to use both male and female research participants?

Yoon DY, Mansukhani NA, Stubbs VC, Helenowski IB, Woodruff TK, & Kibbe MR (2014). Sex bias exists in basic science and translational surgical research. Surgery, 156 (3), 508-516 PMID: 25175501

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