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"Evidence, Circumstantial."
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THE UNKNOWNS OF THE KNOWLEDGE REQUIREMENT
In the 1976 decision Estelle v. Gamble, the Supreme Court held that “deliberate indifference” to significant health needs of prisoners violated the Eighth Amendment. The standard’s knowledge requirement, however, ensured that prisoners were not guaranteed healthcare under the constitutional standard; rather, the constitutionality of healthcare in prisons would be tethered to the mental state of prison officials. This Article seeks to demonstrate that correctional standards of healthcare occupy an incoherent space in constitutional law. By analyzing the legal standard and the application of the knowledge requirement, this Article exposes the theoretical inconsistency and inadequacy of the deliberate indifference standard—and offers avenues for reform.
Journal Article
A Second Reckoning
A Second Reckoning tells the story of the 1917 murder that led to the last hanging in Annapolis, Maryland, and makes an appeal for posthumous justice, especially where racial prejudice may have tainted a case.
eBook
Murder in the family
\"In December 2003, Luke Ryder, the stepfather of acclaimed filmmaker Guy Howard, was found dead in the garden of their suburban family home. Guy was only a child, asleep upstairs at the time of the murder. His mother and two half sisters were also in the house that night -- but all swear they saw nothing. Despite a high-profile police investigation and endless media attention, no suspect was ever charged, and Guy's family has been haunted ever since. Twenty years later, the sensational new streaming series Infamous is dedicated to investigating -- and perhaps cracking -- this famous cold case. The production team will reexamine testimony, reinterview witnesses, and once again scour the evidence. The family will speak. The key players will be reunited -- on camera. The truth will come out. Are you ready to see it?\" -- Publisher's description.
Book
PLUS FACTORS AND AGREEMENT IN ANTITRUST LAW
Plus factors are economic actions and outcomes, above and beyond parallel conduct by oligopolistic firms, that are largely inconsistent with unilateral conduct but largely consistent with explicitly coordinated action. Possible plus factors are typically enumerated without any attempt to distinguish them in terms of a meaningful economic categorization or in terms of their probative strength for inferring collusion. In this Article, we provide a taxonomy for plus factors as well as a methodology for ranking plus factors in terms of their strength for inferring explicit collusion, the strongest of which are referred to as \"super plus factors.\"
Journal Article
TECHNOLOGY AND THE GUILTY MIND: WHEN DO TECHNOLOGY PROVIDERS BECOME CRIMINAL ACCOMPLICES?
The creators of today's most successful technologies share an important willingness to push the envelope—a drive that propels digital industry forward. This same drive, however, can lead some technology purveyors to push the limits of legality or even become scofflaws in their pursuit of innovation or (more often) profit. The United States must figure out how to harness the important creative force at the heart of the hacker ethic while still deterring destructive criminal wrongdoers. Because it is often courts that must answer this question, it is essential to examine the legal doctrines prosecutors use to sweep up technology providers. This Article focuses on one type of criminal liability—accomplice liability–that can act as a dragnet on providers of technology that lends itself to criminal use. In particular, a violation of the federal statute for aiding and abetting, 18 U.S.C. § 2, can be implied in every charge for a federal substantive offense, and there is a potentially troubling strain of cases holding that knowing assistance can be enough to deem someone an aider and abettor, even without stronger evidence of a shared criminal purpose. This Article examines when the proprietors of technology with criminal uses aid and abet their users' crimes. The aim is to help courts, prosecutors, and technologists draw the line between joining a criminal enterprise and merely providing technology with criminal uses. This Article explains the legal doctrines underlying this type of liability and provides examples of at-risk technologies, including spam software, file-sharing services, and anonymity networks like Tor. Ultimately, this Article concludes that the web of superficially conflicting rulings on the required mental state for aiding and abetting are best harmonized—and future rulings on liability for new technologies are best predicted—by looking to the existence of \"substantial unoffending uses\" for the product or service provided by the accused technologist.
Journal Article
Early Evidence for Brilliant Ritualized Display
Earth pigments figure prominently in debates about signal evolution among later Homo. Most archaeologists consider such behavior to postdate ∼300 Ka. To evaluate claims for Fauresmith and Acheulean pigments in South Africa’s Northern Cape Province, extending back 1.1 Ma (Beaumont and Bednarik 2013), we reexamined collections from Kathu Pan 1, Wonderwerk Cave, and Canteen Kopje. We report and describe materials where we are confident as to a pigment status. We found (i) compelling evidence of absence in all but the youngest Acheulean contexts, (ii) definite but irregular use in Fauresmith contexts from at least 500 Ka, (iii) widespread and regular use within this limited area by ∼300 Ka, coeval with circumstantial evidence for pigment transport over considerable distances and use in fire-lit environments. These findings are used to evaluate predictions derived from two competing hypotheses addressing the evolution of group ritual, the “female cosmetic coalitions” hypothesis (Power 2009) and the “cheap-but-honest signals” hypothesis (Kuhn 2014), finding that the former accounts for a greater range of the observations. The findings underscore the wider behavioral significance of the Fauresmith as an industry transitional between the Acheulean and the Middle Stone Age.
Journal Article
The Cognitive Psychology of Circumstantial Evidence
Empirical research indicates that jurors routinely undervalue circumstantial evidence (DNA, fingerprints, and the like) and overvalue direct evidence (eyewitness identifications and confessions) when making verdict choices, even though false-conviction statistics indicate that the former is normally more probative and more reliable than the latter. The traditional explanation of this paradox, based on the probability-threshold model of jury decision-making, is that jurors simply do not understand circumstantial evidence and thus routinely underestimate its effect on the objective probability of the defendant's guilt. That may be true in some situations, but it fails to account for what is known in cognitive psychology as the Wells Effect: the puzzling fact that jurors are likely to acquit in a circumstantial case even when they know the objective probability of the defendant's guilt is sufficient to convict. This Article attempts to explain why jurors find circumstantial evidence so psychologically troubling. It begins by using a variety of psychological research into judgment and decision-making--Kahneman & Tversky's simulation heuristic in particular--to argue that jurors decide whether to acquit in a criminal case not through mechanical probability calculations, but on the basis of their ability to imagine a scenario in which the defendant is factually innocent. The Article then examines the basic epistemological differences between direct and circumstantial evidence and shows how those differences normally make it easier for jurors to imagine a factually exculpatory scenario in a circumstantial case. Finally, the Article concludes by discussing how an ease-of-simulation model of jury decision-making improves our understanding of why false verdicts occur.
Journal Article
The Effect of Civilian Casualties on Wartime Informing
Scholars of civil war and insurgency have long posited that insurgent organizations and their state enemies incur costs for the collateral damage they cause. We provide the first direct quantitative evidence that wartime informing to counterinsurgent forces is affected by civilian victimization. Using newly declassified data on tip flow to Coalition forces in Iraq we find that information flow goes down after government forces inadvertently kill civilians and it goes up when insurgents do so. These results confirm a relationship long posited in the theoretical literature on insurgency but never directly observed, have strong policy implications, and are consistent with a broad range of circumstantial evidence on the topic.
Journal Article