Copyright (c) 2009 All rights reserved. http://works.bepress.com/donald_shelton Recent documents in Hon. Donald E. Shelton en-us Sat, 19 Sep 2009 23:36:28 PDT 3600 http://works.bepress.com/donald_shelton/15 http://works.bepress.com/donald_shelton/15 Fri, 18 Sep 2009 06:30:01 PDT Part I of this article defines the "CSI effect", given that the phrase has come to have many different meanings ascribed to it. It emphasizes the epistemological importance of first describing the effect of the "CSI effect" as observed in juror behavior documented in a new study conducted in Wayne County (Detroit), Michigan, and then looking at causative factors that may be related to an explanation of those observed effects. Part II describes the methodology of the Wayne County study, provides a descriptive analysis of Wayne County jurors, and compares the jurors demographically to the Washtenaw County jurors who were surveyed in 2006. Part III analyzes the Wayne County study results with respect to jurors' expectations and demands for scientific evidence. The Wayne County study findings reinforce the earlier Washtenaw findings of heightened juror expectations and demands for scientific evidence in almost every respect. This most recent analysis of the impact of viewing CSI or similar programs on jurors in Wayne County likewise reinforces the conclusions from the earlier Washtenaw County study that there is no such causative relationship between watching CSI and the heightened expectations and demands of jurors. Part IV explores the nature of the "tech effect" as one causative factor for those heightened juror expectations and demands as an alternative to the "CSI effect." It also proposes an indirect-effects model of juror influences that combines the perception of a "CSI effect" with the "tech effect" of modern scientific advances and the generalized effect of media portrayals about crime. This model triangulates the potential interactive effects of a "CSI effect" myth with the likelihood of a "tech effect" in the context of the "mass mediated effects" of law and order or crime and justice news. The results of regression analyses of data from Wayne County jurors provide some support for the 2006 study's suggestion of a "tech effect" -- that the broader changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them is a more likely explanation for increased juror expectations and demand for scientific evidence in the courtroom than simply viewing CSI or related programs. Part V provides an overview of contemporary perspectives of "mass-mediated effects" on public attitudes, behaviors, and expectations as a prelude to the suggested Indirect-effects Model of Mediated Adjudication. Hon. Donald E. Shelton Technology and the Law Criminal Justice Forensic Science http://works.bepress.com/donald_shelton/14 http://works.bepress.com/donald_shelton/14 Fri, 18 Sep 2009 06:07:01 PDT The rapid development of emerging scientific methods, especially the increased understanding of deoxyribonucleic acid ("DNA"), has had, and will undoubtedly continue to have, an almost stunning impact on our justice system, particularly at the trial level. The forensic applications of these new scientific discoveries have been most dramatically seen in the criminal trial court. They have also caused us to re-examine other forms of forensic evidence that have been rather routinely admitted in our courts. Forensic evidence from social scientists is certainly one of those forms. Which of these forms of scientific forensic evidence have sufficient validity to be used in a criminal proceeding that could take away a person's liberty or even their life? Who answers that question and how? The Supreme Court of the United States has decided, first in the Frye case and then later in the Daubert trilogy of cases, that it is the trial judge who must decide these issues and be the "gatekeeper" who will determine which forms of scientific forensic evidence "get in" to the jury's consideration. The first part of this article defines and explores that expanded gatekeeper role, as it continues to be a task of increasing onus to trial judges. The next part considers the implementation of that gatekeeper role as it is applied to criminal proceedings. The third part of this article narrows the inquiry specifically the issue of the applicability of the Daubert, and even Frye, analysis to the admissibility of social science evidence generally. Finally, the article examines specific questions regarding testimony of experts about the reliability of eyewitness evidence and regarding the continued admissibility of certain types of forensic abuse syndrome evidence. Hon. Donald E. Shelton Criminal Justice Forensic Science http://works.bepress.com/donald_shelton/13 http://works.bepress.com/donald_shelton/13 Fri, 18 Sep 2009 05:48:57 PDT As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the "CSI-effect." In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had an indirect effect on conviction in the case of circumstantial evidence only as it raised expectations about scientific evidence, but it produced no indirect effect in the case of eyewitness testimony only. Finally, implications of the present study as well as for future research on the "CSI-effect" on jurors are discussed. Hon. Donald E. Shelton Technology and the Law Criminal Justice Forensic Science http://works.bepress.com/donald_shelton/12 http://works.bepress.com/donald_shelton/12 Mon, 27 Apr 2009 21:22:22 PDT This artice discusses the challenges faced by trial judges in crimnal cases in fulfilling their Daubert "gatekeeping" role in the face of rapid advancements in forensic science. Admissibility questions for various forms of scientific evidence are reviewed, from DNA to fingerprints to social science "syndrome" evidence. The article discusses the pretrial issues presented by DNA databases, search issues and limitations problems as well as the impact of forensic science developments on juror expectations. Finally, forensic science issues regarding trial conduct are discussed, including voir dire, arguments and jury instructions, Hon. Donald E. Shelton Technology and the Law Criminal Justice Forensic Science http://works.bepress.com/donald_shelton/10 http://works.bepress.com/donald_shelton/10 Wed, 19 Mar 2008 08:22:29 PDT Based on recent empirical jury studies, jurors have increased expectations that prosecutors will present scientific evidence and in some situations juror will acquit without such evidence. There is however no statisitical relationship to these expectations and watching "CSI" or similar programs. Responding to increased juror expectations and demands for scientific evidence will take a major commitment to increase law enforcement resources and significant improvements in the capacity of crime laboratories to keep pace with increased demands for forensic analyses. Hon. Donald E. Shelton Technology and the Law Criminal Justice http://works.bepress.com/donald_shelton/9 http://works.bepress.com/donald_shelton/9 Sat, 05 Jan 2008 08:16:50 PST This is an effort to collect, update and catalogue a list of specialized domestic violence courts in the United States. There is no current central source for such information and considerable research was required to obtain the more current information reflected in this study. Using old lists and personal resources at the National Center for State Courts, a prior 2000 compilation was expanded to reflect some additional courts that had been established. A comprehensive literature search revealed that several of the courts had been professionally evaluated and those individual evaluations were helpful in locating and describing a few of the new courts. Nevertheless a state by state internet search of court web sites was necessary to both locate new courts that had been established and to eliminate courts in the 2000 compilation that were no longer functioning. The quality and comprehensiveness of state court system web sites varies a great deal and in several cases it was then necessary to follow up with personal contact by telephone or email to attempt to get the basic information needed for this study.The resulting catalogue of domestic violence courts is the table in this study titled "Domestic Violence Courts in the United States - 2007". It does not purport to be a totally comprehensive compilation of exisiting domestic violence courts but reflects the best available investigation that could be conducted in the parameers of this study. Hon. Donald E. Shelton Criminal Justice http://works.bepress.com/donald_shelton/8 http://works.bepress.com/donald_shelton/8 Sat, 05 Jan 2008 08:06:46 PST The Washtenaw Juvenile Court Status Offense Diversion Program was implemented in 2002 to provide effective non-court interventions for status offenders to resolve presenting problems and prevent delinquent behavior. It isbased on the assumption that "status offenses are generally a product of family problems, not delinquency." Specifically it addresses complaints of truancy, educational neglect and incorrigibility.This evaluation considered data collected over the first three years of the program. Staff assessments of outcomes indicate that large percentages of the youth were considered to have been successful (40.1%) or moderatelysuccessful (23.3%) in the program. Comparison of those assessments with subsequent new offenses demonstrated the general accuracy of the staff assessments. 81.5% of the children who were assessed as successful and 66%of those assessed as moderately successful by the staff committed no subsequent offenses.There was no correlation between staff assessments of success and the race or gender of the children in the program. There were differences based on age with younger children more likely to be considered successful. Analysis of subsequent offenses by participants revealed consistent results with the incidence of new offenses showing no major disparity by race or gender butagain indicating a lower recidivism rate for younger participants.This evaluation concludes that the status offense diversion program has met its established measures of success and if those continue to be Court goals, the program should continue. Given the age-differential in outcome statistics,revisions to the program, and/or specific staff training, are recommended to address the needs of older children in the program. Further education of school authorities regarding the goals and functions of the program is recommended. Some revision of staff outcome evaluation standards is recommended.While direct Court involvement or sanctions are not recommended, consideration should be given to the development of additional incentives for programsuccesses. However discussion and consideration of sanctions for lack of youth success short of official Court intervention should also be undertaken. Hon. Donald E. Shelton Juvenile Justice http://works.bepress.com/donald_shelton/7 http://works.bepress.com/donald_shelton/7 Fri, 21 Dec 2007 07:59:21 PST This study is a database of information from Washtenaw County, Michigan, court records of approximately one-fourth of its convicted felons from 1990 to 2007. It includes 3,123 sentencing appearances for 3,992 crimes committed by 2,495 defendants. It includes 1126 probation violation resentencings for a total of 5,118 sentences. It contains demographics of defendants and the dynamics of their crimes and the sentencing process. Several official court reports in each case were examined. Preliminary descriptive and frequency analyses are reported to describe the database in detail and lay the groundwork for future sophisticated regression and other analyses. Special attention is given to issues of racial and gender disparities. Suggestions for future research based on this data are included. To the extent that this research and these analyses add to our knowledge of offenders, offenses, and sentencing, they may contribute to more knowledgeable criminal justice policy decisions. Hon. Donald E. Shelton Criminal Justice http://works.bepress.com/donald_shelton/6 http://works.bepress.com/donald_shelton/6 Fri, 21 Dec 2007 07:51:34 PST Hon. Donald E. Shelton Technology and the Law http://works.bepress.com/donald_shelton/5 http://works.bepress.com/donald_shelton/5 Fri, 16 Feb 2007 05:07:29 PST Many prosecutors, judges and journalists have claimed that watching television shows like CSI have caused jurors to wrongfully acquit guilty defendants when no scientific evidence is presented. This is the first empirical study designed to investigate whether the "CSI effect" exists. This survey of 1027 persons called for jury duty in a State court looked at jurors' television viewing habits, their expectations that the prosecutor would produce scientific evidence, and whether they would demand scientific evidence as a condition of a guilty verdict. While the study did find significant expectations and demands for scientific evidence, there was little or no indication of a link between those preconceptions and watching particular television shows. The authors suggest that to the extent that jurors have significant expectations and demands for scientific evidence, it may have more to do with a broader "tech effect" in our popular culture rather than any particular "CSI effect." At the same time, this article contends that any such increased expectations and demands are legitimate and constitutionally based reflections in jurors of changes in our popular culture, and that the criminal justice system must adapt to accommodate jurors' expectations and demands for scientific evidence. Hon. Donald E. Shelton Technology and the Law