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Stereotypes as Character Evidence
No full textBase rate evidence often connects a defendant to an act through the defendant’s membership in a certain population. It includes evidence arising from forensic analysis, criminal profiling, statistical analysis, artificial intelligence, and many other common and emerging scientific methods. But while this evidence is prevalent in civil and criminal trials, it is poorly understood, and there is little predictability in how a court will decide its admissibility or even what standard the court will apply.
In this Article, I show that although some forms of base rate evidence are desirable and even critical to achieving an accurate case outcome, a common form of base rate evidence called profile evidence often constitutes unrecognized character evidence—evidence that a defendant acted in accordance with a certain character trait—which is prohibited by federal and state evidentiary rules. To show this, and to describe precisely the relationship between base rate evidence and ordinary character evidence, I draw on a statistical tool called Bayesian inference to define a concept that I call predictive character evidence. Predictive character evidence describes a behavioral propensity of a population to suggest that an individual member of the population acted in accordance with this propensity. I show that this evidence—a form of base rate evidence that involves behavioral stereotyping—relies on character reasoning and is therefore impermissible under the rule against character evidence.
Finally, I discuss critical implications of my analysis. First, I show how an understanding of predictive character evidence helps resolve longstanding confusion and inconsistency surrounding base rate evidence and profile evidence in particular. I then demonstrate that applying the rule against character evidence to determine the admissibility of profile evidence is essential to achieving correct and predictable evidentiary decisions, to minimizing the influence of implicit biases based on race and other personal characteristics of a defendant, and to reaching accurate verdicts
USA Insider Trading Law: Its Unacceptable Framework and a Proposed Solution
No full textThis chapter provides an analysis of the unacceptable framework of insider trading law in the United States and proffers a proposed solution. First, key U.S. Supreme Court decisions in the insider trading area are examined, with discussion also of lower court case law that existed prior to these Supreme Court decisions. Second, the chapter focuses on measures that the Securities and Exchange Commission (SEC) has taken to limit the scope of these decisions in the Commission\u27s quest to implement a robust enforcement regimen in this setting. This discussion also addresses lower court case law and congressional action that impact the U.S. insider trading framework. The result of these measures is the presence of disparate, inconsistent, and unfair regulation. Third, the last part of the chapter recommends an alternative framework that, if adopted, would provide a far superior insider trading framework
Deconstructing a Theology of Scarcity. Case Study: Watermark Zoning Case Presented to the City of Dallas
No full textIn their book, Moral Leadership for a Divided Age, David P. Gushee and Colin Holtz discuss 14 historical leaders\u27 life stories and their leadership principles. In chapter four, the authors highlight the life of Harriet Tubman and identify the following leadership lesson, “Faith can drive both moral evil and moral greatness.” These authors go on to state that African slaves, white slaveholders, and the Northern and Southern Abolitionists each on some level claim to worship and adhere to the same sacred scriptures. From our current point of view, several hundred years removed, it seems impossible for enslaved Africans and white slave owners to find any agreement or any shared principles in the same scriptures. The authors address this point in the following statement, “It is easy for Christians to focus exclusively on abolitionists and the faith of enslaved people and easy for critics of Christianity to note racist Christians’ defenses of slavery. The question is not faith but what kind of faith, and to what end.
“How Can We Sing in a Strange Land?” The Pastoral Musician as a Master Griot/Griotte
No full textThe writer of Psalm 137 asks a question that poignantly resonates with the experiences of enslaved Africans who were taken captive, exiled from their homelands, and told to forget their languages, worship practices, and tribal traditions. Their dehumanization was intensified by expectations that “required a song and . . . mirth.” The question was “How shall we sing the Lord’s song in a strange land?” In response to this question of engaging in song as a community while in a strange land of deep and persistent systemic suffering, enslaved African-descended people founded a unique tradition within Christianity that responded to their persistent suffering by naming said suffering and actively engaging their suffering in a variety of ways that empowered them to survive and thrive. A central question energizing this thesis is, “How do we, through our music ministry leadership, engage and assist communities whose suffering is so great that they have lost their song and/or their ability to sing?” In response to this question, this thesis claims that the Black Church tradition offers vital insights for pastoral musicians seeking to empower and enable song in communities impacted by deep and persistent suffering given its origins in suffering and wide range of responses to suffering
Measuring the Magnitude and Traits of Local Consumer Demand for Sex Trafficking
No full textTransaction Intercept (TI) leverages artificial intelligence to engage individuals responding to online ads for the commercial sexual exploitation of minors. The interactions between TI bots and those clicking on decoy ads generate data, including the number of distinct individuals that respond to ads over any timeframe, the number of active sex buyers identified, the features of the ads and digital personas that buyers have responded to, and the outcome of the interactions. During development, TI has already been deployed in dozens of U.S jurisdictions and collected data allows for cross-site comparisons. The technology was created for law enforcement agencies, and its deployment quickly provides measures of the scope and traits of local consumer-level demand for the sex trafficking of children within any defined jurisdiction. The data resulting from TI are directly relevant for local sex trafficking resource needs assessments and to advocate for effective state laws and policies
Reclaiming Data to Transform Anti-Trafficking Systems
No full textAnnieCannons believes that the people closest to the problem are closest to the solution. Yet in the anti-trafficking movement, data about survivors is often collected without survivors. Co-founder and CEO Laura Hackney will discuss how reclaiming data can transform systems of care accountability, and prevention. She will share lessons learned from the development of ResourceFull, a digital platform led and co- designed with trafficking survivors to safely connect individuals to trustworthy services and track outcomes across fragmented care systems. There are ethical, technical, and human-centered challenges of collecting and of using data in a space where safety and trust are paramount, and AnnieCannons navigates these to prioritize survivor privacy and autonomy. The session will include insight into how data can be a tool of empowerment (rather than extraction) driving both service improvements and systemic change, and how survivor-led data systems can determine patterns, close service gaps, and support policy advocacy rooted in dignity, agency, and real-world efficacy
Implementing Defamiliarization Techniques to Enhance Quest-based Storytelling
No full textDefamiliarization is a technique originating from literary theory that can be used to subvert player expectations and create novel and thought-provoking experiences. This thesis explores how players react to defamiliarization and how defamiliarization enhances players’ narrative experiences. The researcher designed two levels in Fallout 4. One level contained no unusual or unexpected elements, serving as a baseline, while the other level built on the same structure as the first level, but incorporated five selected defamiliarization techniques. By analysing player reactions and feedback, the researcher gained insights into how game designers can effectively leverage defamiliarization to craft more engaging and immersive storytelling experiences
Sacrosanct or Sacred: Creating a Theological Framework to Undergird Church Design
No full textThis paper aims to ascertain whether a Theology of Architecture—a theological framework for planning and constructing church buildings—can be identified within the Biblical narrative or through the historical practices of ecclesial design. The research begins with an examination of the biblical architecture of the Old Testament, primarily described in narratives rather than corroborated by archaeological evidence. A review of historical periods of ecclesial design follows, aiming to identify phases where ecclesial design exhibited patterns analogous to those found in the Old Testament. The study uncovers a consistent pattern in both testaments wherein architecture represents divine work within specific timeframes and contexts, most prominently exemplified by the Tabernacle and the House Church. Moreover, this study addresses the application of this foundational theology of architecture in light of evolving social, cultural, and religious worldviews in the twenty-first century. It explores how God\u27s early social, cultural, and religious reforms, depicted in prophetic texts, urge the church today to engage with contemporary culture. The research identifies an emerging model of ministry and service that aligns with prophetic perspectives, targeting comprehensive salvation for individuals and communities. This vision aspires to reform modern social, cultural, and religious systems to foster community and human flourishing. The document introduces the role of architects as ministers who comprehend this evolving ecclesial dynamic. These architects can aid the church in creating innovative architecture that reflects current divine work within the community engagement. Examples of outcomes employing this method are provided to demonstrate its practical application