Sensationalism Falling Through the Cracks: Why the Legal Profession Must Broaden Ethical Standards for Legal Commentators

INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. These two different roles can have countervailing interests and values. The legal profession may demand that an attorney’s speech educate the public and promote respect for the judicial system, while the media may demand easily digestible soundbites that boost ratings. In this media context, the legal profession must consider how to best ensure that attorneys provide ethical legal commentary regarding the criminal justice system. To better demonstrate how a legal commentator can face the temptation to provide style over substance at the expense of the legal system, consider the example of Wendy Murphy. Murphy, a former prosecutor and adjunct professor at New England School of Law, became a prolific presence on television talk shows during the prosecution of multiple Duke University lacrosse players for an alleged rape. Throughout the case, Murphy provided outrageous commentary that was strongly slanted toward the prosecution. For example, over the course of several different guest appearances, Murphy referred to the defendants as rapists; speculated, without evidence, that one or more of the defendants had been molested as a child; and dismissed evidence that the defendants had good disciplinary records at school by responding that “Hitler never beat his wife either . . . So what?” Furthermore, Murphy even questioned the presumption of innocence (one of the most important tenets of U.S. criminal law) by stating, “I’m really tired of people suggesting that you’re somehow un-American if you don’t respect the presumption of innocence because you know what that sounds like to a victim? Presumption you’re a liar.” By providing headline-worthy but legally-deficient commentary, Murphy’s behavior epitomizes why the legal profession needs to confront the ethical issues that attorneys face when speaking in the media. The American Bar Association (“ABA”) addressed the issue of legal commentary ethics in 2013 when it adopted its first-ever criminal justice ethical standards for legal commentators (the “2013 Standards”). The 2013 Standards provide ethical guidance to legal commentators by explaining how a commentator can become competent to provide commentary on a given case, what conflicts a commentator should disclose, and what types of comments a commentator should avoid making. However, the 2013 Standards do not go far enough and could benefit from certain clarifications. First, the 2013 Standards do not define “legal commentator,” leaving room for interpretation as to what types of attorneys qualify as commentators. Second, the 2013 Standards limit what statements qualify as commentary, excluding certain types of statements that could nevertheless cause harm to individuals, the public, and the legal system generally. Third, the 2013 Standards do not encourage commentators to avoid inflicting unnecessary reputational harm on individuals involved in criminal litigation (such as defendants or subjects of investigation), despite the great damage that such commentary can cause. Voluntary standards should broadly construe who qualifies as a legal commentator and what qualifies as legal commentary, and such standards should address the dangers of unnecessary reputational harm caused by legal commentary. Part I of this Note will explore the media’s impact on the criminal justice system, explain what makes legal commentators different from other journalists, and discuss the history of regulation of legal commentators. Part II will discuss how voluntary codes have, and have not, addressed who qualifies as legal commentators, what qualifies as legal commentary, and what should be done about the risks of causing unnecessary reputational harm. Part III will explain why expanding the reach of voluntary standards is important. It will propose that the ABA apply its new ethical standards for legal commentators more broadly by adding an inclusive definition of legal commentator and applying the standards to all legal analysis provided by a commentator. Part III will also suggest that voluntary standards should encourage commentators to avoid causing reputational harm when their commentary has no countervailing educational purpose, and that the ABA add such language to its standards. Part IV concludes

The Luminosity Function of Galaxies in the Las Campanas Redshift Survey

We present the $R$-band luminosity function for a sample of 18678 galaxies, with average redshift $z = 0.1$, from the Las Campanas Redshift Survey. The luminosity function may be fit by a Schechter function with $M^* = -20.29 \pm 0.02 + 5 \log h$, $\alpha = -0.70 \pm 0.05$, and $\phi^* = 0.019 \pm 0.001 \ h^3$~Mpc$^{-3}$, for absolute magnitudes$-23.0 \leq M - 5 \log h \leq -17.5$. We compare our luminosity function to that from other redshift surveys; in particular our normalization is consistent with that of the Stromlo-APM survey, and is therefore a factor of two below that implied by the$b_J \approx 20$bright galaxy counts. Our normalization thus indicates that much more evolution is needed to match the faint galaxy count data, compared to minimal evolution models which normalize at$b_J \approx 20$. Also, we show that our faint-end slope$\alpha = -0.7$, though ``shallower'' than typical previous values$\alpha = -1$, results primarily from fitting the detailed shape of the LCRS luminosity function, rather than from any absence of intrinsically faint galaxies from our survey. Finally, using [OII] 3727 equivalent width$W_{\lambda} = 5$~\AA \ as the dividing line, we find significant differences in the luminosity functions of emission and non-emission galaxies, particularly in their$\alpha$values. Emission galaxies have Schechter parameters$M^* = -20.03 \pm 0.03 + 5 \log h$and$\alpha = -0.9 \pm 0.1$, while non-emission galaxies are described by$M^* = -20.22 \pm 0.02 + 5 \log h$and$\alpha = -0.3 \pm 0.1$. (abridged abstract)Comment: 41 pages, including 13 postscript figures, uses AASTEX v4.0 style files. Important clarification of R-band definition, plus correction of luminosity densities and updated references. Main conclusions unchanged. Final version to appear in Ap

Elemental boron doping behavior in silicon molecular beam epitaxy

Boron-doped Si epilayers were grown by molecular beam epitaxy (MBE) using an elemental boron source, at levels up to 2×1020 cm−3, to elucidate profile control and electrical activation over the growth temperature range 450–900 °C. Precipitation and surface segregation effects were observed at doping levels of 2×1020 cm−3 for growth temperatures above 600 °C. At growth temperatures below 600 °C, excellent profile control was achieved with complete electrical activation at concentrations of 2×1020 cm−3, corresponding to the optimal MBE growth conditions for a range of Si/SixGe1−x heterostructures

Evolution since z = 0.5 of the Morphology-Density relation for Clusters of Galaxies

Using traditional morphological classifications of galaxies in 10 intermediate-redshift (z~0.5) clusters observed with WFPC-2 on the Hubble Space Telescope, we derive relations between morphology and local galaxy density similar to that found by Dressler for low-redshift clusters. Taken collectively, the `morphology-density' relationship, M-D, for these more distant, presumably younger clusters is qualitatively similar to that found for the local sample, but a detailed comparison shows two substantial differences: (1) For the clusters in our sample, the M-D relation is strong in centrally concentrated ``regular'' clusters, those with a strong correlation of radius and surface density, but nearly absent for clusters that are less concentrated and irregular, in contrast to the situation for low redshift clusters where a strong relation has been found for both. (2) In every cluster the fraction of elliptical galaxies is as large or larger than in low-redshift clusters, but the S0 fraction is 2-3 times smaller, with a proportional increase of the spiral fraction. Straightforward, though probably not unique, interpretations of these observations are (1) morphological segregation proceeds hierarchically, affecting richer, denser groups of galaxies earlier, and (2) the formation of elliptical galaxies predates the formation of rich clusters, and occurs instead in the loose-group phase or even earlier, but S0's are generated in large numbers only after cluster virialization.Comment: 35 pages, 19 figures, uses psfig. Accepted for publication in Ap

Demonstrating Diversity in Star Formation Histories with the CSI Survey

We present coarse but robust star formation histories (SFHs) derived from spectro-photometric data of the Carnegie-Spitzer-IMACS Survey, for 22,494 galaxies at 0.3<z<0.9 with stellar masses of 10^9 Msun to 10^12 Msun. Our study moves beyond "average" SFHs and distribution functions of specific star formation rates (sSFRs) to individually measured SFHs for tens of thousands of galaxies. By comparing star formation rates (SFRs) with timescales of 10^10, 10^9, and 10^8 years, we find a wide diversity of SFHs: 'old galaxies' that formed most or all of their stars early; galaxies that formed stars with declining or constant SFRs over a Hubble time, and genuinely 'young galaxies' that formed most of their stars since z=1. This sequence is one of decreasing stellar mass, but, remarkably, each type is found over a mass range of a factor of 10. Conversely, galaxies at any given mass follow a wide range of SFHs, leading us to conclude that: (1) halo mass does not uniquely determine SFHs; (2) there is no 'typical' evolutionary track; and (3) "abundance matching" has limitations as a tool for inferring physics. Our observations imply that SFHs are set at an early epoch, and that--for most galaxies--the decline and cessation of star formation occurs over a Hubble-time, without distinct "quenching" events. SFH diversity is inconsistent with models where galaxy mass, at any given epoch, grows simply along relations between SFR and stellar mass, but is consistent with a 2-parameter lognormal form, lending credence to this model from a new and independent perspective.Comment: 17 pages, 10 figures; accepted by ApJ; version 2 - no substantive changes; clarifications and correction

Fully Casualized Design: A Brief Literary Review

The term experimental design is characterized by the manner in which the portions are distributed in a given experiment. The completely randomized design is the most commonly used among experimental designs because the principles of randomization and repetition provide authenticity of the conclusions due to guarantee that the experimental units (plots), even if distinct and exhibit equal probability of being distributed to the groups. It is widely used in experiments have uniform conditions as the experimental conditions are critical in obtaining a good experimental design. It offers a wide experimental application, but must pay attention to the test, that even homogeneous, can present experimental conditions that will harm the experiment. So in order to get a good design, an early collection of information to evaluate the homogeneity of the experimental conditions is critical. This study is a literature review on the DIC, with their main characteristics, mathematical modeling, analysis of variance technique (ANOVA) and analysis of assumptions for ANOVA

Loose Groups of Galaxies in the Las Campanas Redshift Survey

A ``friends-of-friends'' percolation algorithm has been used to extract a catalogue of dn/n = 80 density enhancements (groups) from the six slices of the Las Campanas Redshift Survey (LCRS). The full catalogue contains 1495 groups and includes 35% of the LCRS galaxy sample. A clean sample of 394 groups has been derived by culling groups from the full sample which either are too close to a slice edge, have a crossing time greater than a Hubble time, have a corrected velocity dispersion of zero, or contain a 55-arcsec ``orphan'' (a galaxy with a mock redshift which was excluded from the original LCRS redshift catalogue due to its proximity to another galaxy -- i.e., within 55 arcsec). Median properties derived from the clean sample include: line-of-sight velocity dispersion sigma_los = 164km/s, crossing time t_cr = 0.10/H_0, harmonic radius R_h = 0.58/h Mpc, pairwise separation R_p = 0.64/h Mpc, virial mass M_vir = (1.90x10^13)/h M_sun, total group R-band luminosity L_tot = (1.30x10^11)/h^2 L_sun, and R-band mass-to-light ratio M/L = 171h M_sun/L_sun; the median number of observed members in a group is 3.Comment: 32 pages of text, 27 figures, 7 tables. Figures 1, 4, 6, 7, and 8 are in gif format. Tables 1 and 3 are in plain ASCII format (in paper source) and are also available at http://www-sdss.fnal.gov:8000/~dtucker/LCLG . Accepted for publication in the September 2000 issue of ApJ

Galaxy Harassment and the Evolution of Clusters of Galaxies

Disturbed spiral galaxies with high rates of star formation pervaded clusters of galaxies just a few billion years ago, but nearby clusters exclude spirals in favor of ellipticals. ``Galaxy harassment" (frequent high speed galaxy encounters) drives the morphological transformation of galaxies in clusters, provides fuel for quasars in subluminous hosts and leaves detectable debris arcs. Simulated images of harassed galaxies are strikingly similar to the distorted spirals in clusters at $z \sim 0.4$ observed by the Hubble Space Telescope.Comment: Submitted to Nature. Latex file, 7 pages, 10 photographs in gif and jpeg format included. 10 compressed postscript figures and text available using anonymous ftp from ftp://ftp-hpcc.astro.washington.edu/pub/hpcc/moore/ (mget *) Also available at http://www-hpcc.astro.washington.edu/papers

The Influence of Environment on the Star Formation Rates of Galaxies

We have used a sample of 15749 galaxies taken from the Las Campanas Redshift Survey to investigate the effects of environment on the rate of star formation (SFR) in galaxies. The size and homogeneity of this data set allows us to sample, for the first time, the entire range of galactic environment, from the voids to the clusters, in a uniform manner, thus, we could decouple the local galaxy density from the membership in associations. This decoupling is very crucial for constraining the physical processes responsible for the environmental dependencies of SFR. On the other hand, the use of an automatically-measured concentration index (C), rather than Hubble type, allows us to cleanly separate the morphological component from the SFR vs. environment relationship. We find that cluster galaxies exhibit lower SFR for the same C than field galaxies, while a further division of clusters by `richness' reveals a new possible excitation of `starbursts' in poor clusters. Meanwhile, a more general environmental investigation reveals that the SFR of a given C shows a continuous correlation with the local density. Interestingly, this trend is also observed both inside and outside of clusters, implying that physical processes responsible for this correlation might not be intrinsic to the cluster environment. On the other hand, galaxies with differing levels of SFR appear to respond differently to the local density. Low levels of SFR are more sensitive to environment inside than outside of clusters. In contrast, high levels of SFR, identified as ``starbursts'', are as sensitive to local density in the field as in clusters. We conclude that at least two separate processes are responsible for the environmental sensitivity of the SFR.Comment: 25 pages, 10 figures, submitted to Ap