Factors predicting recommendations for civil commitment of sexually violent predators under Florida's Jimmy Ryce Act

This study investigated the factors considered by forensic examiners when evaluating sexually violent predators (SVP) for civil commitment under Florida's “Jimmy Ryce Act.” The project was funded by a pre-doctoral research grant awarded by the Association for the Treatment of Sexual Abusers (ATSA). ^ This study proposed two specific research questions. First, what is the direct relationship between actuarial risk assessment scores and recommendations for sex offender civil commitment? Second, which other variables are likely to influence SVP commitment decisions, and to what degree? The purpose of the study was to determine if risk assessment practices are evidence-based, and whether offenders selected for commitment meet statutory criteria. ^ The purposive sample of 450 SVPs was drawn from the population of sex offenders evaluated for civil commitment in Florida between July 1, 2000 and June 30, 2001. Data were extracted from SVP evaluations provided by the Florida Department of Children and Families. Using multivariate logistic regression, this correlational research design examined the relationship between the dependent variable, commitment decision, and several sets of independent variables. The independent variables were derived from a review of the literature, and were grouped conceptually according to their degree of correlation with sex offense recidivism. Independent variables included diagnoses, actuarial risk assessment scores, empirically validated static and dynamic risk factors, consensus based risk factors, evaluator characteristics, and demographics. This study investigated the degree to which the identified variables predicted civil commitment decisions. ^ Logistic regression results revealed that the statistically significant predictors of recommendations for sex offender civil commitment were actuarial risk assessment scores, diagnoses of Pedophilia and Paraphilia NOS, psychopathy, younger age of victim, and non-minority race. Discriminant function analysis confirmed that these variables correctly predicted commitment decisions in 90% of cases. ^ It appears that civil commitment evaluators in Florida used empirically-based assessment procedures, and did not make decisions that were heavily influenced by extraneous factors. SVPs recommended for commitment consistently met the criteria set forth by the U.S. Supreme Court in Hendricks v. Kansas (1997): they suffered from a mental abnormality predisposing them to sexual violence, and risk assessment determined that they were likely to reoffend. ^

Evaluating and improving the opposing expert safeguard against junk science

In Daubert, the Supreme Court opined that opposing expert testimony is an effective safeguard against junk science in the courtroom. Although jurors maybe unable to identify flaws in scientific research without some assistance, social psychological research suggests that people can be trained to make more sophisticated judgments about scientific quality. Further, previous research demonstrated that an opposing expert who addresses the methodology of proffered expert testimony may not enable jurors to evaluate scientific validity. In three studies, I tested why this safeguard was ineffective using a variety of stimulus materials. In the first study, I examined the mediating effect of attitudes on juror decisions within the context of a sexual harassment trial. In the second study, I examined the moderating effect of the presentation of expert credentials on participant decisions regarding child suggestibility literature. In the third study, I tested several improvements to the safeguard using improvements designed to correct for the effects of attitudes and credential presentation on juror decisions within the context of a first-degree murder trial. I found that while opposing expert testimony may have potential as a safeguard, in its current form it is ineffective. That is, a traditional opposing expert caused jurors to be skeptical of all expert testimony rather than sensitizing them to the validity of the research presented at trial. Further, while the improvements tested in this study may have potential to assist jurors in making scientifically sound decisions, more research is needed to further test and refine these improvements. ^

"Unfair'' Restaurant Reviews:To Sue Or Not To Sue

In their discussion entitled - “Unfair” Restaurant Reviews: To Sue Or Not To Sue - by John Schroeder and Bruce Lazarus, Assistant Professors, Department of Restaurant, Hotel and Institutional Management at Purdue University, the authors initially state: “Both advantages and disadvantages exist on bringing lawsuits against restaurant critics who write “unfair” reviews. The authors, both of whom have experience with restaurant criticism, offer practical advice on what realistically can be done by the restaurateur outside of the courtroom to combat unfair criticism.” Well, this is going to be a sticky wicket no matter how you try to defend it, reviews being what they are; very subjective pieces of opinionated journalism, especially in the food industry. And, of course, unless you can prove malicious intent there really is no a basis for a libel suit. So, a restaurateur is at the mercy of written opinion and the press. “Libel is the written or published form of slander which is the statement of false remarks that may damage the reputation of others. It also includes any false and malicious publication which may damage a person's business, trade, or employment,” is the defined form of the law provided by the authors. Anecdotally, Schroeder and Lazarus offer a few of the more scathing pieces reviewers have written about particular eating establishments. And, yes, they can be a bit comical, unless you are the owner of an establishment that appears in the crosshairs of such a reviewer. A bad review can kneecap even a popular eatery. “Because of the large readership of restaurant reviews in the publication (consumer dining out habits indicate that nearly 50 percent of consumers read a review before visiting a new restaurant) your business begins a very dangerous downward tailspin,” the authors reveal, with attribution. “Many restaurant operators contend that a bad review can cost them an immediate trade loss of upward of 50 percent,” Schroeder and Lazarus warn. “The United States Supreme Court has ruled that a restaurant owner can collect damages only if he proves that the statement or statements were made with “actual malice,” even if the statements were untrue,” the authors say by way of citation. And that last portion of the statement cannot be over-emphasized. The first amendment to the U.S. Constitution does wield a heavy hammer, indeed, and it should. So, what recourse does a restaurateur have? The authors cautiously give a guarded thumbs-up to a lawsuit, but you better be prepared to prove a misstatement of fact, as opposed to the distinguishable press protected right of opinion. For the restaurateur the pitfalls are many, the rewards few and far between, Schroeder and Lazarus will have you know. “…after weighing the advantages and disadvantages of a lawsuit against a critic...the disadvantages are overwhelming,” the authors say. “Chicago restaurant critic James Ward said that someone dumped a load of manure on his yard accompanied by a note that read - Stop writing that s--t! - after he wrote a review of a local restaurant.” Such is a novel if not legally measurable tack against an un-mutual review.

School segregation and educational performance in a multicultural society: The case of Miami -Dade County, Florida

One of the most important goals of American educational institutions over the past 47 years has been the desegregation of pubic schools. This goal reflected the Supreme Court's decision in Brown v. Board of Education that segregated schools are inherently unequal and deny segregated minority students equal educational opportunities as mandated by the United States Constitution. This study examined the extent, nature, and causes of segregation in the Miami-Dade County Public Schools and the effects of segregation on the educational performance of minority students. ^ Research questions were analyzed using demographic data from the United States Census Bureau, the Metro-Dade County Planning Department, the United States Commission on Civil Rights, the United States Department of Education, and the Miami Dade County Public Schools. The extent of residential and school segregation in MiamiDade County was measured using the Dissimilarity Index. Historical and sociological literature were analyzed to explain the causes of school segregation, the socioeconomic characteristics of segregated minority students, and the relationship between school segregation and equal educational opportunities. A causal-comparative research method was chosen because it is the most appropriate method to compare the educational performance of minority students in segregated schools with the educational performance of minority students in desegregated schools. ^ The results of this study demonstrates that there is a high degree of residential and school segregation in Miami-Dade County, Florida. Furthermore, the Miami-Dade County Public Schools are characterized by a high degree of socioeconomic segregation. This is significant considering that the socioeconomic status of a student's peers is, after the student's family background, the most influential factor in determining academic performance. Clearly, schools and other social institutions must continue efforts to throughly desegregate the school district and improve minority student academic performance. A racially and economically desegregated school system would constitute an important component in Miami-Dade County's efforts to provide equal educational opportunities to all students. ^

The Creation and Evaluation of Novel Canine Training Aids for Cocaine Using Molecularly Encapsulated Sol-Gel Polymers and an Investigation of Canine Field Accuracy

Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court. The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.

Freedom of religion : a case study of the Church of Lukumí Babalú Ayé v. City of Hialeah

This thesis attempted to explain society's worldview of Santeria and its practice of animal sacrifice, and the breakdown between the federal and local government after a 1993 Supreme Court ruling affirming their right to engage in this sacred ritual. Santeria practitioners are harassed and prosecuted for exercising their right to practice animal sacrifice. The research was intended to present the cosmology of the Lukumi tradition, the intellectual framework explored, a review of Freedom of Religion and the case of Lukumi v. Hialeah, and finally the media's role in shaping the worldview of Santeria that have perpetuated this breakdown. The thesis consisted of 87 research items, a community survey, interviews, a Santeria divination, and review of case law, books,newspaper and online journals. These findings demonstrated that freedom of religion is not so free in the U.S., and exists only to the extent the media and municipal laws choose to allow.

The creation and evaluation of novel canine training aids for cocaine using molecularly encapsulated sol-gel polymers and an investigation of canine field accuracy

Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. ^ It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court.^ The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.^