from the world's big
The Judicial System's Biggest Flaws
Barry Scheck is the co-founder and co-director of the Innocence Project, a national organization that uses DNA testing to exonerate wrongfully convicted people and implements policy reforms to prevent future injustice. Founded in 1988 under the auspices of the Benjamin N. Cardozo School of Law at Yeshiva University, the Innocence Project has exonerated hundreds through post-conviction DNA testing. Scheck is also famous for having defended notable clients like O.J. Simpson, Hedda Nussbaum, Louise Woodward, and Abner Louima.
Scheck is currently a professor of law at Cardozo and a commissioner on New York's Forensic Science Review Board, a body that regulates all of the state's crime and forensic DNA laboratories. He is first vice president of the National Association of Criminal Defense Lawyers and serves on the board of the National Institute of Justice's Commission on the Future of DNA Evidence. In 2001, along with Innocence Project co-founder Peter Neufeld, Scheck co-authored the book "Actual Innocence: Five Days to Execution and Other Dispatches from the Wrongly Convicted."
Question: What do you think are the biggest flaws in the American judicial system?
Barry Scheck: Well there are a lot of flaws in the judicial system. I think we could probably do without elections of judges. That creates problems. I think that we could do a lot more to educate the judiciary in terms of scientific evidence. We have a real problem there. It’s increasingly you know scientific evidence is becoming important in a whole host of cases, not just criminal cases and it’s important that we have a certain level of scientific literacy in the judiciary, much less among lawyers. So I think those are two problems. You know it’s like in all of our politics money can make a real difference in corrupting the process of judicial elections. We’ve… John Grisham has written a wonderful book about this called The Appeal. It’s very quick reading, but it’s very troubling. There have been a number of judicial elections for highest appellate courts in this country where moneyed interests have been able to basically go after certain judges. They’re really interested in their you know corporate cases or maybe some tort reform case, but they’re able to make some kind of ruling in a criminal case or something else, look very scary to the electorate and they all of the sudden outside money comes into a state in an enormous amount and some campaign is run and judges are defeated. It happened to a fabulous judge in Wisconsin. It’s happened all across the country and the most famous instance is one that the United States Supreme Court looked into in West Virginia involving the Massey Coal Company and that was the coal company where we had that terrible accident in the mines recently where the head of that coal company put an enormous amount of money into the judicial election for the West Virginia Supreme Court and then the judge who was the beneficiary of this you know sat on the case and the United States Supreme Court that actually ruled in this case that had an appearance of impropriety. We know it when we see it and reversed the decision in that case, so that’s a… They remanded it for reconsideration. That’s a very, very, extreme example, but unfortunately I think a lot of that is going around the country and that… I know that Sandra Day O’Connor for example feels very, very strongly about judicial elections being a real problem and there is probably a lot of different kinds of merit systems that should be considered across the country.
Scheck thinks we should do away with judicial elections, and should do more to educate the judiciary about scientific evidence.
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Gender and sexual minority populations are experiencing rising anxiety and depression rates during the pandemic.
- Anxiety and depression rates are spiking in the LGBTQ+ community, and especially in individuals who hadn't struggled with those issues in the past.
- Overall, depression increased by an average PHQ-9 score of 1.21 and anxiety increased by an average GAD-7 score of 3.11.
- The researchers recommended that health care providers check in with LGBTQ+ patients about stress and screen for mood and anxiety disorders—even among those with no prior history of anxiety or depression.
Study findings<p>For the study, <a href="https://link.springer.com/article/10.1007/s11606-020-05970-4" target="_blank">published in the Journal of General Internal Medicine</a><em>, </em>Flentje and her team evaluated survey responses from nearly 2,300 individuals who identified as being in the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community. Most of the participants were white, while nearly 19 percent identified as a racial or ethnic minority. Multiple genders were represented with cisgender women (27.2 percent) and men (24.6 percent) making up a majority of the participants. Sixty-three percent had been assigned female at birth. For the most part, participants identified their sexual orientations as queer (40.3 percent), gay (36.5 percent), and bisexual (30.3 percent).</p><p>The JGIM study participants were recruited from the 18,000-participant <a href="https://pridestudy.org/" target="_blank">PRIDE Study</a> (Population Research in Identity and Disparities for Equality), which is the first large-scale, long-term national study focusing on American adults who identify as LGBTQ+. It conducts annual questionnaires to understand factors related to health and disease in this population. </p><p>Participants filled out an annual questionnaire (starting in June 2019) and a COVID-19 impact survey this past spring. Flentje noted that on an individual level, some people may not have experienced a big change in anxiety or depression levels, but for others there was. Overall, depression increased by a <a href="https://patient.info/doctor/patient-health-questionnaire-phq-9" target="_blank">PHQ-9 score</a> of 1.21, putting it at 8.31 on average. Anxiety went up by a <a href="https://www.mdcalc.com/gad-7-general-anxiety-disorder-7" target="_blank">GAD-7</a> score of 3.11 to an average of 8.89. Interestingly, the average PHQ-9 scores for those who screened positive for depression at the first 2019 survey decreased by 1.08. Those who screened negative for depression saw their PHQ-9 scores increase by 2.17 on average. As for anxiety, researchers detected no GAD-7 change among the study participants who screened positive for anxiety in the first survey, but did see an overall increase of 3.93 among those who had initially been evaluated as negative for the disorder. </p>
Risks among gender and sexual minorities<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="fc3fd1ae68b77bbbf58a6995638d6d65"><iframe type="lazy-iframe" data-runner-src="https://www.youtube.com/embed/EnUqDjCqg0A?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p>The LGBTQ+ community is a vulnerable population to mental health concerns because of their fear of stigmatization and previous discriminatory experiences.</p> <p>Previous research by the Human Rights Campaign has found "that LGBTQ Americans are more likely than the <a href="https://medicalxpress.com/tags/general+population/" target="_blank">general population</a> to live in poverty and lack access to adequate medical care, paid <a href="https://medicalxpress.com/tags/medical+leave/" target="_blank">medical leave</a>, and basic necessities during the pandemic," said researcher Tari Hanneman, director of the health and aging program at the campaign.</p> <p>"Therefore, it is not surprising to see this increase in anxiety and depression among this population," Hanneman said in the release. "This study highlights the need for <a href="https://medicalxpress.com/tags/health+care+professionals/" target="_blank">health care professionals</a> to support, affirm and provide <a href="https://medicalxpress.com/tags/critical+care/" target="_blank">critical care</a> for the LGBTQ community to manage and maintain their mental health, as well as their physical health, during this pandemic."</p>
What should health care providers do?<p>The authors of the study recommend that health care providers check in with LGBTQ+ patients about stress and screen for mood and anxiety disorders in members of that community—even among those with no prior history of anxiety or depression.</p><p>As cases of COVID-19 continue to mount, the sustained social distancing, potential isolation, economic precariousness, and personal illness, grief, and loss are bound to have increased and varied impacts on mental health. Effective treatments may include individual therapy and medications as well as more large-scale coronavirus support programs like peer-led groups and mindfulness practices. </p><p>"It will be important to find out what happens over time and to identify who is most at risk, so we can be sure to roll out public health interventions to support the mental health of our communities in the best and most effective ways," said Flentje.</p>
What we know about black holes is both fascinating and scary.
- When it comes to black holes, science simultaneously knows so much and so little, which is why they are so fascinating. Focusing on what we do know, this group of astronomers, educators, and physicists share some of the most incredible facts about the powerful and mysterious objects.
- A black hole is so massive that light (and anything else it swallows) can't escape, says Bill Nye. You can't see a black hole, theoretical physicists Michio Kaku and Christophe Galfard explain, because it is too dark. What you can see, however, is the distortion of light around it caused by its extreme gravity.
- Explaining one unsettling concept from astrophysics called spaghettification, astronomer Michelle Thaller says that "If you got close to a black hole there would be tides over your body that small that would rip you apart into basically a strand of spaghetti that would fall down the black hole."
The team caught a glimpse of a process that takes 18,000,000,000,000,000,000,000 years.
- In Italy, a team of scientists is using a highly sophisticated detector to hunt for dark matter.
- The team observed an ultra-rare particle interaction that reveals the half-life of a xenon-124 atom to be 18 sextillion years.
- The half-life of a process is how long it takes for half of the radioactive nuclei present in a sample to decay.
A new study looks at what would happen to human language on a long journey to other star systems.
- A new study proposes that language could change dramatically on long space voyages.
- Spacefaring people might lose the ability to understand the people of Earth.
- This scenario is of particular concern for potential "generation ships".