The role of death qualification in venirepersons' evaluations of aggravating and mitigating circumstances in capital trials

Death qualification is a part of voir dire that is unique to capital trials. Unlike all other litigation, capital jurors must affirm their willingness to impose both legal standards (either life in prison or the death penalty). Jurors who assert they are able to do so are deemed “death-qualified” and are eligible for capital jury service: jurors who assert that they are unable to do so are deemed “excludable” or “scrupled” and are barred from hearing a death penalty case. During the penalty phase in capital trials, death-qualified jurors weigh the aggravators (i.e., arguments for death) against the mitigators (i.e., arguments for life) in order to determine the sentence. If the aggravating circumstances outweigh the mitigating circumstances, then the jury is to recommend death; if the mitigating circumstances outweigh the aggravating circumstances, then the jury is to recommend life. The jury is free to weigh each aggravating and mitigating circumstance in any matter they see fit. Previous research has found that death qualification impacts jurors' receptiveness to aggravating and mitigating circumstances (e.g., Luginbuhl & Middendorf, 1988). However, these studies utilized the now-defunct Witherspoon rule and did not include a case scenario for participants to reference. The purpose of this study was to investigate whether death qualification affects jurors' endorsements of aggravating and mitigating circumstances when Witt, rather than Witherspoon, is the legal standard for death qualification. Four hundred and fifty venirepersons from the 11 th Judicial Circuit in Miami, Florida completed a booklet of stimulus materials that contained the following: two death qualification questions; a case scenario that included a summary of the guilt and penalty phases of a capital case; a 26-item measure that required participants to endorse aggravators, nonstatutory mitigators, and statutory mitigators on a 6-point Likert scale; and standard demographic questions. Results indicated that death-qualified venirepersons, when compared to excludables, were more likely to endorse aggravating circumstances. Excludable participants, when compared to death-qualified venirepersons, were more likely to endorse nonstatutory mitigators. There was no significant difference between death-qualified and excludable venirepersons with respect to their endorsement of 6 out of 7 statutory mitigators. It would appear that the Furman v. Georgia (1972) decision to declare the death penalty unconstitutional is frustrated by the Lockhart v. McCree (1986) affirmation of death qualification. ^

U.S. Army front line artillery observation during the 1945 Okinawa campaign: An oral history case study

This dissertation explores the role of artillery forward observation teams during the battle of Okinawa (April–June 1945). It addresses a variety of questions associated with this front line artillery support. First, it examines the role of artillery itself in the American victory over the Japanese on Okinawa. Second, it traces the history of the forward observer in the three decades before the end of World War II. Third, it defines the specific role of the forward observation teams during the battle: what they did and how they did it during this three-month duel. Fourth, it deals with the particular problems of the forward observer. These included coordination with the local infantry commander, adjusting to the periodic rotation between the front lines and the artillery battery behind the line of battle, responding to occasional problems with "friendly fire" (American artillery falling on American ground forces), dealing with personnel turnover in the teams (due to death, wounds, and illness), and finally, developing a more informal relationship between officers and enlisted men to accommodate the reality of this recently created combat assignment. Fifth, it explores the experiences of a select group of men who served on (or in proximity to) forward observation teams on Okinawa. Previous scholars and popular historians of the battle have emphasized the role of Marines, infantrymen, and flame-throwing armor. This work offers a different perspective on the battle and it uses new sources as well. A pre-existing archive of interviews with Okinawan campaign forward observer team members conducted in the 1990s forms the core of the oral history component of this research project. The verbal accounts were checked against and supplemented by a review of unit reports obtained from the U.S. National Archives and various secondary sources. The dissertation concludes that an understanding of American artillery observation is critical to a more complete comprehension of the battle of Okinawa. These mid-ranking (and largely middle class) soldiers proved capable of adjusting to the demands of combat conditions. They provide a unique and understudied perspective of the entire battle.

An investigation of the relationship between antemortem and postmortem drug concentrations in blood

In the field of postmortem toxicology, principles from pharmacology and toxicology are combined in order to determine if exogenous substances contributed to ones death. In order to make this determination postmortem and (whenever available) antemortem blood samples may be analyzed. This project focused on evaluating the relationship between postmortem and antemortem blood drug levels, in order to better define an interpretive framework for postmortem toxicology. To do this, it was imperative to evaluate the differences in antemortem and postmortem drug concentrations, determine the role microbial activity and evaluate drug stability. Microbial studies determined that the bacteria Escherichia coli and Pseudomonas aeruginosa could use the carbon structures of drugs as a source of food. This would suggest prior to sample collection, microbial activity could potentially affect drug levels. This process however would stop before toxicologic evaluation, as at autopsy blood samples are stored in tubes containing the antimicrobial agent sodium fluoride. Analysis of preserved blood determined that under the current storage conditions sodium fluoride effectively inhibited microbial growth. Nonetheless, in many instances inconsistent drug concentrations were identified. When comparing antemortem to postmortem results, diphenhydramine, morphine, codeine and methadone, all showed significantly increased postmortem drug levels. In many instances, increased postmortem concentrations correlated with extended postmortem intervals. Other drugs, such as alprazolam, were likely to have concentration discrepancies when short antemortem to death intervals were coupled with extended postmortem intervals. While still others, such as midazolam followed the expected pattern of metabolism and elimination, which often resulted in decreased postmortem concentrations. The importance of drug stability was displayed when reviewing the clonazepam/ 7-aminoclonazepam data, as the parent drug commonly converted to its metabolite even when stored in the presence of a preservative. In instances of decreasing postmortem drug concentrations the effect of refrigerated storage could not be ruled out. A stability experiment, which contained codeine, produced data that indicated concentrations could continue to decline under the current storage conditions. The cumulative data gathered for this experiment was used to identify concentration trends, which subsequently aided in the development of interpretive considerations for the specific analytes examined in the study.

The Broken Mirror: Maternal Agency and Identity in Charles Dickens's Bleak House

This paper examined how Esther Summerson, Dickens’s ideal good mother, can be understood as a woman who has maternal agency and identity both as a character and as a narrator, and how she contrasts with other maternal characters in the novel, both major and minor. While more transgressive mothers, such as Lady Dedlock, Mrs. Jellyby and even Krook’s cat, are doomed to death, ineffectiveness and madness, Esther moves from a frozen, “unsexualized” state into a space of life and sexual possibility. In addition, Esther has agency and identity as a narrator since she shares the narration with a third-person male narrator. Esther becomes the one who speaks rather than the one who is spoken of, and her maternal, nurturing voice provides a balm for the often harsh, judgmental voice of the male narrator. As the narrator’s patriarchal voice dies away at the end, it is Esther’s maternal voice that survives.