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1. ‘The beauty…is that it speaks for itself’: geospatial materials as evidentiary matters

   Clarke, Kamari M; Kendall, S. (January 2019, Lawtextculture)

   null (Ed.)

   This essay takes up the incorporation of geospatial materials into international criminal law and its institutional locations, focusing on the Hague-based International Criminal Court (ICC). We consider how geospatial materials such as satellite imagery are conscripted as legal materials for international criminal trials, and how these relatively novel forms of evidence require interventions of technical knowledge through expert witness testimony. The assemblage of satellite imagery, expert testimony, and submitted reports are subjected to what we call ‘juridical mediation’ – the vetting of materials through interpretive processes that bring them into a relationship with textual forms, such as statutory principles and the Rules of Procedure and Evidence. What appears on the other side of this mediated process is a complex and composite relationship between textual, technological, and hermeneutic forms, troubling the claim that geospatial material ‘speaks for itself’. 

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2. Pedestrian-Accessible Infrastructure Inventory: Enabling and Assessing Zero-Shot Segmentation on Multi-Mode Geospatial Data for All Pedestrian Types

   https://doi.org/10.3390/jimaging10030052  

   Xia, Jiahao; Gong, Gavin; Liu, Jiawei; Zhu, Zhigang; Tang, Hao (March 2024, Journal of Imaging)

   In this paper, a Segment Anything Model (SAM)-based pedestrian infrastructure segmentation workflow is designed and optimized, which is capable of efficiently processing multi-sourced geospatial data, including LiDAR data and satellite imagery data. We used an expanded definition of pedestrian infrastructure inventory, which goes beyond the traditional transportation elements to include street furniture objects that are important for accessibility but are often omitted from the traditional definition. Our contributions lie in producing the necessary knowledge to answer the following three questions. First, how can mobile LiDAR technology be leveraged to produce comprehensive pedestrian-accessible infrastructure inventory? Second, which data representation can facilitate zero-shot segmentation of infrastructure objects with SAM? Third, how well does the SAM-based method perform on segmenting pedestrian infrastructure objects? Our proposed method is designed to efficiently create pedestrian-accessible infrastructure inventory through the zero-shot segmentation of multi-sourced geospatial datasets. Through addressing three research questions, we show how the multi-mode data should be prepared, what data representation works best for what asset features, and how SAM performs on these data presentations. Our findings indicate that street-view images generated from mobile LiDAR point-cloud data, when paired with satellite imagery data, can work efficiently with SAM to create a scalable pedestrian infrastructure inventory approach with immediate benefits to GIS professionals, city managers, transportation owners, and walkers, especially those with travel-limiting disabilities, such as individuals who are blind, have low vision, or experience mobility disabilities. 

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3. What We Can Learn from Jury Note Taking: A Content Analysis

   Denne, E. (March 2020, Annual Conference of the American Psychology-Law Society.)

   Abstract: Jury notetaking can be controversial despite evidence suggesting benefits for recall and understanding. Research on note taking has historically focused on the deliberation process. Yet, little research explores the notes themselves. We developed a 10-item coding guide to explore what jurors take notes on (e.g., simple vs. complex evidence) and how they take notes (e.g., gist vs. specific representation). In general, jurors made gist representations of simple and complex information in their notes. This finding is consistent with Fuzzy Trace Theory (Reyna & Brainerd, 1995) and suggests notes may serve as a general memory aid, rather than verbatim representation. Summary: The practice of jury notetaking in the courtroom is often contested. Some states allow it (e.g., Nebraska: State v. Kipf, 1990), while others forbid it (e.g., Louisiana: La. Code of Crim. Proc., Art. 793). Some argue notes may serve as a memory aid, increase juror confidence during deliberation, and help jurors engage in the trial (Hannaford & Munsterman, 2001; Heuer & Penrod, 1988, 1994). Others argue notetaking may distract jurors from listening to evidence, that juror notes may be given undue weight, and that those who took notes may dictate the deliberation process (Dann, Hans, & Kaye, 2005). While research has evaluated the efficacy of juror notes on evidence comprehension, little work has explored the specific content of juror notes. In a similar project on which we build, Dann, Hans, and Kaye (2005) found jurors took on average 270 words of notes each with 85% including references to jury instructions in their notes. In the present study we use a content analysis approach to examine how jurors take notes about simple and complex evidence. We were particularly interested in how jurors captured gist and specific (verbatim) information in their notes as they have different implications for information recall during deliberation. According to Fuzzy Trace Theory (Reyna & Brainerd, 1995), people extract “gist” or qualitative meaning from information, and also exact, verbatim representations. Although both are important for helping people make well-informed judgments, gist-based understandings are purported to be even more important than verbatim understanding (Reyna, 2008; Reyna & Brainer, 2007). As such, it could be useful to examine how laypeople represent information in their notes during deliberation of evidence. Methods Prior to watching a 45-minute mock bank robbery trial, jurors were given a pen and notepad and instructed they were permitted to take notes. The evidence included testimony from the defendant, witnesses, and expert witnesses from prosecution and defense. Expert testimony described complex mitochondrial DNA (mtDNA) evidence. The present analysis consists of pilot data representing 2,733 lines of notes from 52 randomly-selected jurors across 41 mock juries. Our final sample for presentation at AP-LS will consist of all 391 juror notes in our dataset. Based on previous research exploring jury note taking as well as our specific interest in gist vs. specific encoding of information, we developed a coding guide to quantify juror note-taking behaviors. Four researchers independently coded a subset of notes. Coders achieved acceptable interrater reliability [(Cronbach’s Alpha = .80-.92) on all variables across 20% of cases]. Prior to AP-LS, we will link juror notes with how they discuss scientific and non-scientific evidence during jury deliberation. Coding Note length. Before coding for content, coders counted lines of text. Each notepad line with at minimum one complete word was coded as a line of text. Gist information vs. Specific information. Any line referencing evidence was coded as gist or specific. We coded gist information as information that did not contain any specific details but summarized the meaning of the evidence (e.g., “bad, not many people excluded”). Specific information was coded as such if it contained a verbatim descriptive (e.g.,“<1 of people could be excluded”). We further coded whether this information was related to non-scientific evidence or related to the scientific DNA evidence. Mentions of DNA Evidence vs. Other Evidence. We were specifically interested in whether jurors mentioned the DNA evidence and how they captured complex evidence. When DNA evidence was mention we coded the content of the DNA reference. Mentions of the characteristics of mtDNA vs nDNA, the DNA match process or who could be excluded, heteroplasmy, references to database size, and other references were coded. Reliability. When referencing DNA evidence, we were interested in whether jurors mentioned the evidence reliability. Any specific mention of reliability of DNA evidence was noted (e.g., “MT DNA is not as powerful, more prone to error”). Expert Qualification. Finally, we were interested in whether jurors noted an expert’s qualifications. All references were coded (e.g., “Forensic analyst”). Results On average, jurors took 53 lines of notes (range: 3-137 lines). Most (83%) mentioned jury instructions before moving on to case specific information. The majority of references to evidence were gist references (54%) focusing on non-scientific evidence and scientific expert testimony equally (50%). When jurors encoded information using specific references (46%), they referenced non-scientific evidence and expert testimony equally as well (50%). Thirty-three percent of lines were devoted to expert testimony with every juror including at least one line. References to the DNA evidence were usually focused on who could be excluded from the FBIs database (43%), followed by references to differences between mtDNA vs nDNA (30%), and mentions of the size of the database (11%). Less frequently, references to DNA evidence focused on heteroplasmy (5%). Of those references that did not fit into a coding category (11%), most focused on the DNA extraction process, general information about DNA, and the uniqueness of DNA. We further coded references to DNA reliability (15%) as well as references to specific statistical information (14%). Finally, 40% of jurors made reference to an expert’s qualifications. Conclusion Jury note content analysis can reveal important information about how jurors capture trial information (e.g., gist vs verbatim), what evidence they consider important, and what they consider relevant and irrelevant. In our case, it appeared jurors largely created gist representations of information that focused equally on non-scientific evidence and scientific expert testimony. This finding suggests note taking may serve not only to represent information verbatim, but also and perhaps mostly as a general memory aid summarizing the meaning of evidence. Further, jurors’ references to evidence tended to be equally focused on the non-scientific evidence and the scientifically complex DNA evidence. This observation suggests jurors may attend just as much to non-scientific evidence as they to do complex scientific evidence in cases involving complicated evidence – an observation that might inform future work on understanding how jurors interpret evidence in cases with complex information. Learning objective: Participants will be able to describe emerging evidence about how jurors take notes during trial. 

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4. Police talk in the jury room: the production of race-conscious reasonable doubt among racially diverse jury groups

   https://doi.org/10.1017/lsr.2024.26  

   Lynch, Mona; Laguna, Sofia (November 2024, Law & Society Review)

   Abstract A central goal of Critical Race Theory (CRT) is to deconstruct the “jurisprudence of color-blindness” that is infused with the language of equality while operating to maintain racial hierarchies. Color-blind ideology extends to the procedures governing criminal juries, ensuring they are disproportionately white while constraining diversity of perspectives, especially regarding policing issues. In this paper, we merge CRT insights about color-blindness and race-consciousness in the criminal jury context and in the Fourth Amendment law governing policing, to advance empirical socio-legal scholarship on race and jury decision-making. We analyze deliberations data from mock jury groups that decided on verdict in a federal drug conspiracy trial, focusing on how groups talked about law enforcement testimony. We find that negative discussions of the law enforcement testimony is associated with shifts toward acquittal, there are more skeptical discussions about this testimony when the defendant is Black, and that the presence of at least one Black juror in any given group is associated with more skeptical discussions of law enforcement testimony. Our qualitative analysis illustrates how Black jurors, in particular, raised concerns about policing, including unjust treatment of Black citizens, then successfully tied those concerns to the specific legal considerations at issue in the case. 

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5. Successful Criminal Prosecutions of Sex Trafficking and Sexual Abuse of Minors: A Comparative Analysis

   https://doi.org/10.1177/10775595231176432  

   Quas, Jodi_A; Mukhopadhyay, Shreya; Winks, Kaitlin_M_H; Dianiska, Rachel_E; Lyon, Thomas_D (May 2023, Child Maltreatment)

   Despite increased awareness of sex trafficking of minors in the U.S., prosecution of traffickers remains difficult, in part because of victim uncooperativeness. There are questions about how that uncooperativeness is expressed, whether it is evident in successfully prosecuted cases, and whether it is unique to trafficked minors or it emerges in similar age victims of sexual abuse. To provide insight relevant to these questions, we compared appellate opinions in two types of successfully prosecuted criminal cases: sex trafficking and sexual abuse of adolescent victims. In the trafficking opinions, victims were rarely described as disclosing on their own or as knowing their trafficker before the victimization. The opinions also often alluded to the trafficking victims’ uncooperativeness and delinquency history, and frequently mentioned electronic evidence and prosecution experts. The sexual abuse opinions, in contrast, tended to suggest that victims’ own disclosures initiated the case, perpetrators were known and trusted adults, and caregiver support during the case was common. Finally, the sexual abuse opinions never explicitly mentioned victim uncooperativeness or electronic evidence and rarely mentioned expert testimony or delinquency. The different characterizations of the two case types highlight the need for improved education concerning effective prosecution of sex crimes against minors. 

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