Reducing the Dangers of Future Dangerousness Testimony: Applying the Federal Rules of Evidence to Capital Sentencing

The United States Supreme Court has long held that the death penalty cannot be imposed arbitrarily, and that during sentencing in capital cases, jurors must be provided with guidelines to assist them in narrowing down the class of individuals for whom the death penalty is appropriate. Typically, this is accomplished through the presentation of aggravating and mitigating evidence. One aggravating factor is a capital offender’s future dangerousness, or the likelihood that the individual will engage in violent institutional misconduct while in prison. Future dangerousness may be assessed using a variety of measures; Hare’s Psychopathy Checklist-Revised (PCL-R), a measure of personality traits associated with psychopathy, is one such measure that informs future dangerousness testimony. However, research suggests that the predictive validity of the PCL-R regarding violent institutional misconduct is weak-to-moderate, and that presentation of such evidence can prejudice jurors such that they will be more likely to assign the death penalty than they would in the absence of such evidence. These findings are concerning, particularly considering the severe social costs and individual rights deprivations associated with the death penalty. This Article will trace the history of Supreme Court capital sentencing decisions, examine the scientific literature regarding the predictive validity and bias potential for PCL-R evidence in capital sentencing, and argue that, in light of this weak literature base and the deleterious impact that misguided capital sentencing can have, applying the Federal Rules of Evidence to capital sentencing contexts may present an effective solution for keeping specious future dangerousness evidence out of the courtroom

Solid-state NMR characterisation of the thermal transformation of a Hungarian white illite

1H, 27Al, 29Si and 39K solid-state NMR are reported from a Hungarian illite 2:1 clay for samples heated up 1600 °C. This single-phase sample has a small amount of aluminium substitution in the silica layer and very low iron-content (0.4 wt%). Thermal analysis shows several events that can be related to features in the NMR spectra, and hence changes in the atomic scale structure. As dehydroxylation occurs there is increasing AlO4 and AlO5-contents. The silica and gibbsite layers become increasingly separated as the dehydroxylation progresses. Between 900 and 1000 °C the silica layer forms a potassium aluminosilicate glass. The gibbsite-layer forms spinel/γ-Al2O3 and some aluminium-rich mullite. Then on heating to 1600 °C changes in the 29Si and 27Al MAS NMR spectra are consistent with the aluminosilicate glass increasing its aluminium-content, the amount of mullite increasing probably with its silicon-content also increasing, and some α-Al2O3 forming

Effects of nutrient addition and two invasive plants on wetland methane production

Wetlands provide a number of important ecosystem services, but their anoxic conditions also favor the production of several greenhouse gases. Wetlands are an ideal environment for methanogenesis, the process by which carbon dioxide is reduced to methane by wetland microbes (methanogens). As wetlands are the largest natural contributor to the atmospheric methane pool, it is important to understand variables that control wetland methane production. Nitrogen availability is one variable that likely affects methanogen communities. Nitrate drains from agricultural areas, where wetlands act as a nitrogen sink, preventing nitrate from contaminating aquatic systems. Another factor that may affect wetland methanogenesis is vegetation type. In recent years, invasives such as exotic cattail (Typha angustifolia and Typha x glauca} and Phragmites have spread through wetlands, negatively impacting ecosystem processes. To determine the influence of nitrate availability and vegetation type on wetland methanogenesis, we incubated sediment from Phragmites and exotic cattail dominated stands, added increasing concentrations of nitrate, and measured methane production. We hypothesized that if nitrate allows methanogens to be outcompeted by another group of wetland microbes, denitrifiers, then we would observe decreased methane production with high nitrate concentrations

NOVEL TECHNOLOGIES AND THEIR EFFECT ON THE CUSTOMER JOURNEY: CUSTOMERS\u27 SENTIMENT WITH TESLA APP

This culminating experience project explores how novel technologies, such as artificial intelligence (AI), the Internet of Things (IoT), and virtual and augmented reality (VR/AR), impact customer experience. The customer journey framework was used to analyze customers\u27 responses to interactions with novel Technologies integrated into Tesla electric vehicles. After gathering customer response data from the Tesla Motors subreddit page, we were able to score customer experiences with the Tesla app, over-the-air software updates, and full self-driving features, using the NRC sentiment lexicon. Our results showed customers tended to express more positive sentiments than negative sentiments when describing their experiences with these digital touchpoints. As well as use more words associated with trust and anticipation compared to other emotions. Our findings led us to believe that the features using novel technologies in Tesla’s electric vehicles are disruptive since they alter the traditional customer journey in a manner that makes using the product easier and more enjoyable

Mensah v. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015)

The Court held self-employed workers may still be entitled to temporary disability and the employee’s lost wages should be calculated by considering business income and losses and not strictly evidence of a traditional salar

A Motor Theory of Learning

This study investigates the possible differences between learning English pseudowords that are presented with or without handwriting movements. Based on the previous literature showing the learning benefits of handwriting vs reading new words- and neurophysiological evidence that suggests a system of neurons (mirror neuron system) can encode observed actions and elicit analogous motor responses in the observer - it is hypothesized that pseudoword learning will be facilitated when they are presented with handwriting movements. To this end, during a learning phase, pseudowords were visually presented. Following the learning phase, participants performed a recall phase consisting of a forced-choice task on statically presented pseudowords. Half of the pseudowords were new, while the other half consisted of an equal number of pseudowords presented in a handwritten or static way during the learning phase. EEG was recorded during both learning and recall phases. Measurement of EEG mu suppression was used as an index of mirror neuron activity during the learning phase. A cluster-randomization procedure was used to compare changes in Mu suppression during Handwritten and Static conditions. It was predicted that handwritten pseudowords would elicit larger Mu suppression than Static pseudowords. During the recall phase, learning was assessed using behavioral data on the forced-choice task, as well as the N400 component as an index of word familiarity. Results showed significantly more Alpha suppression for the Handwritten condition during the learning phase. In the recall phase, the Static condition showed more alpha suppression. Results suggest the Handwritten condition demanded more attentional processes than the Static condition during the learning phase. Consequently, the Handwritten condition needed less semantic processes to complete the forced-choice task of the recall phase.M.A

Summary of Brant v. State, 130 Nev. Adv. Op. 97

The Court upheld that the exclusion of expert testimony is left to the district court’s wide discretion, except in cases of abuse of its discretion. Expert testimony must be relevant and reliable to be of assistance to the trier of fact. Because Brant could not present scientific or other evidence that his interrogation witness would demonstrate that Brant’s brain injury caused him falsely confess, the district court’s discretion would not be disturbed and the judgment was affirmed

Summary of Jennifer L. v. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 30 (Jun. 04, 2015)

The Court held that, although a legal guardianship had been established, and a parent had neither legal nor physical custody of a child, parents are not relived of their parental duties to provide for the care, support, or maintenance of the child