Evidence-Based Decision Making: The Increasing Use of Research in our Criminal Justice System

There is a growing trend in the criminal justice field to integrate evidence-based decision making, or EBDM, into local justice systems.  At its simplest, EBDM can be described as the practice of using what has been proven to work.  It places the primary reliance upon current and sound research, rather than upon anecdotal information, guesswork, or solely the experience of an individual.  While the use of evidence-based decision making is relatively new to the field of criminal justice, the healthcare industry has embraced EBDM for sometime.
The promise of evidence-based decision making is that it produces more consistent and better outcomes, as confirmed by the underlying research.  In the criminal justice system, the benefits include the implementation of policies and practices that meet the goals of maximizing public safety, reducing the risk of reoffending, more appropriate allocation of limited resources, and reducing costs.

Wisconsin is at the forefront of the trend towards the introduction of EBDM into its criminal justice systems.  

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Do I Need to Draw You a Picture? The Zimmerman Trial and CGI Evidence

The Zimmerman trial nicely illustrates how messy trials can be. Witnesses contradict one another on most critical issues. For example, a bevy of witnesses have split over whether it was the victim Trayvon Martin or the defendant George Zimmerman screaming for help on the 911 recording. Moreover, the split among witnesses is, predictably, along party lines: friends and relatives of each claim the voice as their own. To make things messier, some of these witnesses seem to have contradicted themselves, asserting earlier that they couldn’t recognize the voice despite their trial testimony that now positively identifies it. Adding to the confusion, some witnesses deny making the earlier inconsistent statements.

So, what’s the jury to make of this morass? The defense solution is to draw a picture – literally. Yesterday the parties sparred over the defense’s attempts to introduce a computer-animated recreation of the fatal struggle between Zimmerman and Martin. Computer-graphic imaging (CGI) technology is being used more and more to recreate events in a myriad of cases. A week of conflicting testimony may be reduced to a 60-second cartoon.

There are two problems here. First, the accuracy (authentication) of a CGI recreation depends on its fidelity to the historical record: does it accurately reflect what occurred? Hard to say in this case. Martin is dead. Zimmerman has not testified. The CGI recreation rests on the creators’ reconstruction of events based on conflicting pretrial statements, including Zimmerman’s, some of which have been contradicted by trial testimony, itself no model of clarity.

Put differently, the CGI recreation is the animators’ version of the shooting, resting heavily on the defense version of events. It is tantamount to Zimmerman’s story of what occurred with one crucial difference: Zimmerman does not have to take the stand and face cross-examination under oath about any of it. My own view is that it should be excluded unless Zimmerman takes the stand and testifies that it “fairly and accurately” depicts what happened.

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Independence Day from the Eyes of the British

Virginia City 4thOn July 4, 1776, the newly formed United States declared its independence from Britain. In the Declaration of Independence, the country’s founders laid out their grievances with the Crown:

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

Among the many listed facts: taxation without consent, trial without jury, and quartering of soldiers in the colonies.

Each July 4, we celebrate that independence with parades and picnics, flags and fireworks. Nearly every man, woman, and child dons red, white, and blue in some form or another. It’s the height of American pride. (Although see here for examples of Americans having no idea why we celebrate the Fourth of July or even when and from whom we declared our independence.)

But I’ve never thought to look at the day from another perspective. Until this year.

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