Sleep disorders and criminal behavior.

Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors. Accordingly, proper assessment of sleep disorders in the context of criminal charges becomes critical in assisting the functions of the justice system. This article reviews principles related to the legal tradition, expert assessment, and elements of expert testimony related to criminal behaviors and sleep disorders.

False confessions, expert testimony, and admissibility.

The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area.

Examining Racial Disparities in Juvenile Justice.

Decades of research have focused on understanding and addressing racial disparities that occur at every stage of processing in the juvenile justice system. Leaders in the field have raised concerns about the differential treatment and selection of youth based on race. Taking into consideration Sussman and colleagues' results regarding the use of manifest injustice in Washington State, we review briefly the legislative changes that have occurred nationally to address the problem of disproportionate minority contact. We also consider data and hypotheses that have increased our understanding of why and how these racial disparities occur.

NGRI and Megan's Law: no exit?

Megan's Law, an effort to enhance community safety by requiring sex offenders to register and to notify their communities, often for life, has been enacted in all jurisdictions of the United States. Although the ostensible intent of the law is nonpunitive, many registrants feel it infringes on their freedom. Nevertheless, the law has passed constitutional scrutiny. Megan's Law pertains principally to convicted sex offenders, including those adults and juveniles who have entered guilty pleas. This article reveals that many jurisdictions require individuals found not guilty by reason of insanity (NGRI) to register if the offense in question falls under Megan's Law. Thus, insanity acquittees run the risk of interminable supervision. We discuss a recent challenge to the Arkansas registration law and the decision's implications for planning forensic mental health testimony.

Relative Longevity of Macrophomina phaseolina and Associated Mycobiota on Residual Soybean Roots in Soil.

Survival of the charcoal rot pathogen (Macrophomina phaseolina) in soybean (Glycine max) on residual root systems was studied over a 2-year period. Root segments colonized by M. phaseolina were placed into fiberglass-mesh bags and buried at depths of 0, 7.6, and 25.4 cm in a Marietta fine sandy loam soil in field microplots. Samples for year 1 and year 2 were buried in October 1999 and 2000, respectively, and sampled every 2 months over a 14-month period. Mean percent frequencies from both years for M. phaseolina showed a decreased linear trend over time from 91% before burial to 24.7% 2 months later, 10.3% at 6 months, and 0.3% after 14 months. Tissues were degraded in the June samplings of both years and this degradation was believed to be partially responsible for the reduced survival of M. phaseolina. Mean isolation frequencies were significantly (P ≤ 0.05) greater at the 0-cm depth than at 7.6 and 25.4 cm across all sampling dates. Other fungi which were present in the preliminary assay, including Fusarium spp. and those in the Phomopsis/Diaporthe complex, also declined by the end of the study. Trichoderma spp. was isolated at significantly (P ≤ 0.05) greater frequencies and a significant positive linear trend over time. It is possible that Trichoderma spp. were involved in direct tissue degradation and nutrient depletion of the root segments, or may have acted as a mycoparasite, reducing the survival of the pathogen M. phaseolina and other associated fungi. Results from this study indicate that farm practices which increase residue destruction immediately after harvest or those that enhance Trichoderma spp. populations may directly or indirectly lower the relative longevity of soilborne pathogens, including M. phaseolina.

Frye's Backstory: a tale of murder, a retracted confession, and scientific hubris.

The landmark case Frye v. United States is associated with the general-acceptance standard for admissibility of scientific evidence. The standard, still the law in some jurisdictions, has largely been replaced by one based on Federal Rule of Evidence 702. Although it is known from the 1923 Frye opinion's terse wording that the science in question was a systolic blood pressure deception test, the facts behind the case and the story of the device's inventor are rarely discussed. In this article we review the story of the defendant, James Alphonso Frye, and the psychologist, William Moulton Marston, who claimed he could prove that Frye had confessed falsely. The case continues to reverberate whenever scientific evidence makes a claim of finding the truth.

Commentary: Pursuing justice in death penalty trials.

The capital trial, by its nature, is fraught with emotionally disturbing elements that jurors must face when deciding the ultimate fate of a guilty defendant. A confluence of mitigating and aggravating factors influences a capital jury's decision to impose a sentence of death. The presence or absence of defendant remorse in these cases may make all the difference in whether a capital defendant's life is spared. This commentary examines the onerous emotional toll encountered by capital jurors in light of the findings of Corwin and colleagues regarding defendant remorse and juror's need for affect. The commentary also presents practical and ethics-related considerations that should be kept in mind when reflecting on their study.

Heritability and correlation among some selected morphological traits and their relationship with fall armyworm damage in sweet corn.

Fall armyworm [Spodoptera frugiperda J. E. Smith] (FAW) is a serious pest in field corn and sweet corn [Zea mays L.] in many parts of the world. Sweet corn germplasm with effective levels of resistance to damage by the fall armyworm is needed to transfer resistance to commercial hybrids. The objectives of this study were to estimate heritability and to estimate the correlation among some selected morphological traits and their relationship with FAW damage. Seven shrunken-2 (sh2) inbred lines and four commercial sh2 hybrids of sweet corn were crossed to Mp708, a FAW-resistant field corn line. The F2 populations were subdivided with one half being selected for the sh2 trait and the other half was left unselected. Parent, F2, and F3 populations were artificially infested with FAW and evaluated for leaf damage caused by FAW. Heritability estimates for FAW resistance ranged from 0.22 to 0.61 depending on method of estimation used. The highest correlations occurred between silk color and anther color (0.70) and silk color and glume color (0.49). There were no consistent correlations of most morphological traits with FAW damage. A linkage between white silk and shrunken-2 was observed.

Heritability and correlation among some selected morphological traits and their relationship with fall armyworm damage in sweet corn.

Fall armyworm [Spodoptera frugiperda J. E. Smith] (FAW) is a serious pest in field corn and sweet corn [Zea mays L.] in many parts of the world. Sweet corn germplasm with effective levels of resistance to damage by the fall armyworm is needed to transfer resistance to commercial hybrids. The objectives of this study were to estimate heritability and to estimate the correlation among some selected morphological traits and their relationship with FAW damage. Seven shrunken-2 (sh2) inbred lines and four commercial sh2 hybrids of sweet corn were crossed to Mp708, a FAW-resistant field corn line. The F2 populations were subdivided with one half being selected for the sh2 trait and the other half was left unselected. Parent, F2, and F3 populations were artificially infested with FAW and evaluated for leaf damage caused by FAW. Heritability estimates for FAW resistance ranged from 0.22 to 0.61 depending on method of estimation used. The highest correlations occurred between silk color and anther color (0.70) and silk color and glume color (0.49). There were no consistent correlations of most morphological traits with FAW damage. A linkage between white silk and shrunken-2 was observed.