Experimentation in the Law: Report of the Federal Judicial Center Advisory Committee on Experimentation in the Law |
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Page iv
... , 1978 to Committee Chairman Edward D. Re ............. Appendix B : Methods for Empirical Evaluation of Innovations in the Justice System .... Index .......... 6 6 2222 12 PREFACE In January , 1978 , Chief Justice Warren E. iv Contents.
... , 1978 to Committee Chairman Edward D. Re ............. Appendix B : Methods for Empirical Evaluation of Innovations in the Justice System .... Index .......... 6 6 2222 12 PREFACE In January , 1978 , Chief Justice Warren E. iv Contents.
Page v
... methods might meet that need if and when they were acceptable . It also recognized that responsible ar- guments could be made both for and against methods such as that of the randomized experiment . The Chief Justice therefore undertook ...
... methods might meet that need if and when they were acceptable . It also recognized that responsible ar- guments could be made both for and against methods such as that of the randomized experiment . The Chief Justice therefore undertook ...
Page 1
... methods for solving prob- lems and are willing to accept the diverse approaches of various states , communities , and authorities within our federal system of government . Justice Brandeis , dissenting in New State Ice Co. v . Liebmann ...
... methods for solving prob- lems and are willing to accept the diverse approaches of various states , communities , and authorities within our federal system of government . Justice Brandeis , dissenting in New State Ice Co. v . Liebmann ...
Page 2
... methods of achieving justice , one must be concerned with the effectiveness of existing procedures , programs , and ... methods , we include in this report a discussion of issues involved in justice system experimentation by methods ...
... methods of achieving justice , one must be concerned with the effectiveness of existing procedures , programs , and ... methods , we include in this report a discussion of issues involved in justice system experimentation by methods ...
Page 5
... methods that compromise privacy or the obligation of candor must be justified in accordance with the importance of these concepts in our system of justice under law . This report does not seek to discourage experimentation , but rather ...
... methods that compromise privacy or the obligation of candor must be justified in accordance with the importance of these concepts in our system of justice under law . This report does not seek to discourage experimentation , but rather ...
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Common terms and phrases
administration of justice alternative ambiguity appendix authority before-after design behavior Belmont Report burden of justification Chapter characteristics committee comparison group design confidentiality considered court deception differences disparate treatment Edward D employed employment entail ethical example experiment involving experimental disparity experimental program experimental treatment Federal Judicial Center gram halfway house program harm or risk harms and benefits harms associated hypothetical job skills improvement individuals inference inmates institutions issues job skills program judges mandatory measure ment mentation methodological methods narcotics observation obtained offenders outer limitations parolees participants particular percent periment policy decisions possible practice principles prison procedures program effects program experiment program experimentation proposed experiment proposed innovation questions random assignment randomized experiment randomized experimental design randomly records relevant reliable requires research design resolve responsible rigorous sensitive simple statistical status quo straight parole substantial system of justice techniques time-series design tion tive uncertainties undertake viduals vism
Popular passages
Page 1 - It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Page 66 - These cases reflect the Court's concern that traditional forms of fair procedure not be restricted by implication or without the most explicit action by the Nation's lawmakers, even in areas where it is possible that the Constitution presents no inhibition.
Page 1 - But, in the exercise of this high power, we must be ever on our guard, lest we erect our prejudices into legal principles. If we would guide by the light of reason, we must let our minds be bold.
Page 15 - ... is by definition unethical. Moreover, when a study is in itself scientifically invalid, all other ethical considerations become irrelevant. There is no point in obtaining...
Page 131 - Congress in 1967 (28 USC §§ 620-629), on the recommendation of the Judicial Conference of the United States. By statute, the Chief Justice of the United States is chairman of the Center's Board, which also includes the Director of the Administrative Office of the United States Courts and six judges elected...
Page 106 - What you have after a manifest bursts. matching In connection with experiments, the procedure whereby pairs of subjects are matched on the basis of their similarities on one or more variables, and one member of the pair is assigned to the experimental group and the other to the control group. See Chapter 8.
Page 7 - First, the status quo must in fact warrant substantial improvement or be of doubtful effectiveness. Second, there must be significant uncertainty about the value or effectiveness of the innovation. Third, information needed to clarify the uncertainty must be feasibly obtainable by program experimentation, but not readily obtainable by other means. And fourth, the information sought must pertain directly to the decision whether or not to adopt the proposed innovation on a general, nonexperimental...
Page 15 - ... (that is, reproducible observations) relevant to the question under study — is by definition unethical. Moreover, when a study is in itself scientifically invalid, all other ethical considerations become irrelevant. There is no point in obtaining "informed consent" to perform a useless study. A worthless study cannot possibly benefit anyone, least of all the experimental subject himself. Any risk to the patient, however small, cannot be justified. In essence, the scientific validity of a study...
Page 25 - I would suggest strong consideration be given to the reconstruction of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research to include both these subjects; with the charge that its next report be on recombinant DNA research.