law

And the award for timeliest social science research goes to… Tim Wadsworth of UC Boulder. In the wake of Arizona’s passage of SB1070, the toughest state ban on illegal immigration to date, Wadsworth’s research finds that cities with the largest increases in immigrants from 1990-2000 experienced the largest reductions in violent crime. Wadsworth tests an earlier argument made in Contexts (and elsewhere) by Rob Sampson of Harvard. The possible explanations for the ‘more immigrants and less crime’ connection are intriguing — the US may benefit as those with strong work ethics and perseverance select into this country, immigrants tend to move into disadvantaged neighborhoods and prevent them from becoming worse, and immigrants bring with them values that lead to more neighborhood cohesion and less crime. Work in this area is hampered by significant data problems, especially with respect to illegal immigrants (who don’t tend to volunteer their status and are difficult to find) but Sampson and Wadsworth’s findings certainly challenge the prevailing notion that ‘immigrant’ and ‘criminal’ are roles that often/usually/typically go together.

The scholarly research can be found here (gated) and the Newsweek article is here.

i attended this one a few years ago and learned much from the good folks and their good ideas. via howie:

Invitation and Call for Proposals
Midwest Law and Society Retreat
September 19-20, 2008 at the University of Wisconsin-Madison
Hosted by the Institute for Legal Studies

INVITATION Faculty, independent scholars, and graduate students are cordially invited to the fourth Midwest Law and Society Retreat, a biennial event to be held at the University of Wisconsin on September 19-20, 2008. Sessions will take place at the Pyle Center, 702 Langdon Street, Madison.

ABOUT THE EVENT In Fall 2002 the Institute for Legal Studies organized an interdisciplinary retreat that brought together faculty and graduate students from the region’s diverse social science and law programs for a weekend of intellectual exchange and community building. By popular demand, subsequent sessions convened in 2004 and 2006. (Programs can be viewed at http//law.wisc.edu/ils/midwestlaw.html.)

The 2008 Retreat will continue to offer opportunities for participants to share research ideas, discuss professional issues, receive feedback on works in progress, and develop future projects with regional colleagues. However, this year we expect to place somewhat less emphasis on the traditional ‘paper presentation’ panel, and more emphasis on panels that deal with broad research issues, professional development, and the future of the field. We encourage people to consider presenting on these topics, or just coming to the retreat to join in the discussion. To ensure that the conference remains informal and personal, attendance will be limited to 75 people. Early registration is strongly encouraged.

KEYNOTE AND OVERVIEW The opening session will begin at 300 pm on Friday, September 19th, with a keynote address by Erwin Chemerinsky, inaugural Dean of the Donald Bren Law School at UC-Irvine, who will discuss his plans to make law and society one of the focal points of the Irvine curriculum. The Retreat will continue through Saturday afternoon, and will include group meals for dinner on Friday and lunch on Saturday.

Proposal Deadline June 1, 2008.

via criminal defense attorney jeralyn merritt:

richard crawford, a communications prof and past president of the american society of trial consultants, lists his top ten myths about jury trials in today’s rocky mountain news.

1. Your only chance as a defendant is to have lots of money.

This is largely false, primarily because as many as 80 percent of those charged with a crime are rigorously defended by public defenders or court-appointed attorneys. Believe it or not, if you have just enough money to hire your own trial lawyer, you might end up with a less effective defense lawyer than if you had very little money and were lucky enough to live in Colorado and receive representation from a career and free public defender.

2. Innocence will protect you in a criminal trial.

Regrettably, this is usually not the case. Specifically, for anyone who faces a jury, there is roughly an 85 percent chance that the trial will end up with a conviction. Tim Masters just might have something to say on this subject. Studies indicate that from 7 percent to 10 percent of those in prison today are actually innocent persons who got caught in this process.

3. Lawyers prefer jurors with little formal education.

The answer here is that it depends. There are instances like the recent Nacchio case when the issues are sufficiently complicated that both sides prefer very bright jurors. And, yes, there are other instances when the defendant is a barroom fighter of sorts and the defense would prefer to have jurors just like him who can identify with him.

4. Defendants should always take the stand in their own defense.

While all defendants have the absolute right to testify on their own behalf, frequently they do not exercise that right. And there is no doubt but that jurors often reason: “If he didn’t do it, why doesn’t he take the stand and say so?” On the other hand, there is a long list of very good reasons why a particular defendant should say nothing during his or her trial. For example, an innocent defendant may have once been convicted of a felony and the jury would learn that prejudicial fact only if that defendant decided to testify.

5. Juries sometimes find defendants innocent.

No, this cannot happen anywhere in these United States. “Guilty” or “not guilty” are the only two options open to an American jury. Sometimes juries believe that a defendant committed the act as charged, but that it was not proved beyond a reasonable doubt by the state, so they vote “not guilty” as a way of saying, “not proved.” Sometimes juries think a defendant did not commit any crime and they vote “not guilty,” meaning “innocent.”

6. Defense lawyers who defend those they know to be guilty are unethical.

No, a person charged with a crime is never guilty unless and until a jury has said so and a judge has affirmed same. Our Constitution guarantees everyone the right to a vigorous defense or testing of the evidence and it would actually be illegal and unethical if a defendant were denied this right.

7. A trial is about discovering the truth.

No, the truth may be that a good young man broke the law when he went for the first time with a group who committed a robbery. But Justice might say he should get another chance. The truth may be that a wife killed her violent husband, but Justice might say she should not give up her freedom for that act. Trials are always about Justice and the truth may be a part of getting there, but Justice is the goal.

8. Jurors deliberate in the classic sense until they reach their final verdict.

The requirement for a unanimous verdict means that jurors usually only deliberate during the first stages of their time together. Ninety percent of the time, the majority overcomes the minority in order to get that unanimous verdict. Make no mistake about it, eight or nine jurors can and do exert enormous pressure on three or four holdouts to get a verdict that will wrap it up and get everyone home.

9. Evidence drives the outcome of jury verdicts.

Actually, when the evidence on either side of a case is overwhelming, a verdict can be pretty predictable. The reality is, however, that deals are almost always struck when one side or the other has a huge evidence advantage. Thus, since a majority of trials could go either way, the final verdict is often determined by nonevidentiary factors. Two such factors include the quality of the lawyers and the pro-conviction predisposition of most jurors.

10. When a jury votes guilty, that is final.

No verdict is ever final until the judge says so. In fact, although it is rare, the trial judge can set aside a guilty verdict with the tap of his or her gavel. Of course, any guilty verdict can also be appealed to a higher court.

as a wise sociologist told me in graduate school, “the people won’t tell ya a thing if yer sittin’ way over there in the non-smoking section.” these days, however, smoking is forbidden in public spaces throughout my home state of minnesota.

well, at least one clever smart alec is resisting the status politics of the smoking ban. mark benjamin noticed that the law carved out certain exceptions to the statewide prohibition:

“scientific study participants, native americans, tobacconists, truckers, farmers, actors and actresses and … wait! What was that last one? That’s right. When the smoking ban was debated, some theater-going, latte-drinking, Volvo-driving legislators got their undies all in a bundle that a few performers might not be allowed to smoke cigarettes on stage. Really. They worried that performers might have to suck on straws or pencils or — you know — “act” like they were smoking. Heavens! Whatever would become of The Theatre?”

spotting this loophole, mr. benjamin hatched a novel plan. he was so moved by the specter of heroic old regulars chased out of the state’s vfw’s and american legion halls that he suggested the following:

“if you’re a bar owner and don a beret, declare your bar a stage, hand out scripts and direct your patrons — ahem — performers to fire up some heaters, then you’ve got a bona fide “theatrical production” going on…Our shameless legislators favored the artistic integrity of a few theater owners over the blue-collar work ethic of a few thousand small bar owners. But our bar owners don’t have to take it any longer. If they want, they can put on their very own “Theater Nights,” set up “Acting” and “No Acting” sections, notify patrons that there will be some smoking during the performance and defy the government to define Art. It’s not the Freedom to Breathe Act; it’s the Freedom to Act Act. If you’re a small bar owner, hand out scripts and cigs and tell your patrons to break a leg.

mr. benjamin wasn’t just posing a hypothetical. last weekend, he organized an impromptu production of the tobacco monologues at a friendly bar called barnacles, somewhere in greater minnesota. there’s a video, of course, with a theatrically dressed mr. benjamin waxing poetic about the class politics of smoke-free bars.
though i’ve never smoked and i enjoy the fresh air in modern taverns, i’ve gotta confess that i’m rooting for this guy. of course, i’ll be rooting from the non-acting section.