3 resultados para Specialized Judges
em Digital Commons at Florida International University
Resumo:
A trial judge serves as gatekeeper in the courtroom to ensure that only reliable expert witness testimony is presented to the jury. Nevertheless, research shows that while judges take seriously their gatekeeper status, legal professionals in general are unable to identify well conducted research and are unable to define falsifiability, error rates, peer review status, and scientific validity (Gatkowski et al., 2001; Kovera & McAuliff, 2000). However, the abilities to identify quality scientific research and define scientific concepts are critical to preventing "junk" science from entering courtrooms. Research thus far has neglected to address that before selecting expert witnesses, judges and attorneys must first evaluate experts' CVs rather than their scientific testimony to determine whether legal standards of admissibility have been met. The quality of expert testimony, therefore, largely depends on the ability to evaluate properly experts' credentials. Theoretical models of decision making suggest that ability/knowledge and motivation are required to process information systematically. Legal professionals (judges and attorneys) were expected to process CVs heuristically when rendering expert witness decisions due to a lack of training in areas of psychology expertise.^ Legal professionals' (N = 150) and undergraduate students' (N = 468) expert witness decisions were examined and compared. Participants were presented with one of two versions of a criminal case calling for the testimony of either a clinical psychology expert or an experimental legal psychology expert. Participants then read one of eight curricula vitae that varied area of expertise (clinical vs. legal psychology), previous expert witness experience (previous experience vs. no previous experience), and scholarly publication record (30 publications vs. no publications) before deciding whether the expert was qualified to testify in the case. Follow-up measures assessed participants' decision making processes.^ Legal professionals were not better than college students at rendering quality psychology expert witness admissibility decisions yet they were significantly more confident in their decisions. Legal professionals rated themselves significantly higher than students in ability, knowledge, and motivation to choose an appropriate psychology expert although their expert witness decisions were equally inadequate. Findings suggest that participants relied on heuristics, such as previous expert witness experience, to render decisions.^
Resumo:
The motion-to-suppress safeguard is designed to prevent false eyewitness identifications from leading to wrongful convictions. This safeguard is effective only if judges are sensitive to factors that influence lineup suggestiveness. The present study assessed judicial sensitivity to foil, instruction, and presentation biases. Judges $(N=99)$ read a description of a hypothetical crime, perpetrator, and identification procedure, followed by a motion to suppress the identification. Judges completed a questionnaire in which they ruled on the motion and rated the lineup's suggestiveness and fairness. Foil bias and instruction bias influenced judges' rulings and lineup evaluations as predicted. Hypotheses concerning presentation bias were not supported. Results suggest a need to standardize and record identification procedures and to further educate judges about psychological research on eyewitness memory. ^
Resumo:
The Pleistocene carbonate rock Biscayne Aquifer of south Florida contains laterally-extensive bioturbated ooltic zones characterized by interconnected touching-vug megapores that channelize most flow and make the aquifer extremely permeable. Standard petrophysical laboratory techniques may not be capable of accurately measuring such high permeabilities. Instead, innovative procedures that can measure high permeabilities were applied. These fragile rocks cannot easily be cored or cut to shapes convenient for conducting permeability measurements. For the laboratory measurement, a 3D epoxy-resin printed rock core was produced from computed tomography data obtained from an outcrop sample. Permeability measurements were conducted using a viscous fluid to permit easily observable head gradients (~2 cm over 1 m) simultaneously with low Reynolds number flow. For a second permeability measurement, Lattice Boltzmann Method flow simulations were computed on the 3D core renderings. Agreement between the two estimates indicates an accurate permeability was obtained that can be applied to future studies.