Feds Use Science to Protect Murders, But Not College Students

WASHINGTON - Jan. 6, 2017 - PRLog -- The Justice Department is reportedly issuing new guidelines designed to protect persons accused of murder and other serious crimes from being mistakenly identified by eyewitnesses.  These new guidelines are said to reflect decades of scientific research, and to bolster public confidence in eyewitness testimony offered when serious crimes are brought to court, reports public interest law professor John Banzhaf.

        More specifically, as law professor Brandon Garrett notes, "This DOJ memo reflects a series of best practices recommended by scientists based on research conducted over the past. It adopts the recommendations of the 2014 National Academy of Sciences report."

        In sharp contrast, when it comes to protecting the rights of college students accused of rape, the Department of Education apparently did not see the need to employ science and scientific findings in preparing its document telling (not just suggesting, as the eyewitness document does) colleges how to conduct investigations and adjudicate guilt when they receive complaints of alleged rape.

        Although such investigations are both sensitive and complex - which is why such cases are often assigned to detectives specially trained to investigate sex crimes - this guidance which has pressured virtually every college to revise and very substantially expand its procedures in this area was apparently based upon the views of a small group of bureaucrats, not the "best practices recommended by scientists based on research," nor upon carefully considered recommendations of scientific groups with expertise such as the National Academy of Sciences, says Banzhaf

        Moreover, although these dramatic changes - which have been estimated to cost institutions of higher education over $700 million a year in student tuition dollars - have now been in effect for several years, it appears that the Department has not conducted or reported on any scientific studies showing that they have reduced the incidence of rape at all.  In short, they may be completely ineffective, says Banzhaf.

        In sharp contrast, as a study reported in a recent article in the prestigious New England Journal of Medicine showed, while the methods employed by most colleges to reduce rape seem to be ineffective, there is one technique which can reduce the incidence of rape by almost 50% - but it is apparently used only in Canada, and not in the U.S.

        To add insult to injury, the agency document which in effect mandates how colleges deal with regard allegations of rape was not created in accordance with the ordinary procedures for issuing a rule.  These procedures provide for a public comment period in which experts can bring to the attention of the agency, among other things, whatever relevant scientific evidence might exist to help guide policy making.

        In short, the federal government felt the need to use scientific research and established best practices in protecting murderers, but not college students.  Moreover, scientists had no opportunity to even review the rules before their promulgation, contrary to the usual federally-mandated requirements for rules.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW, Wash, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/  jbanzhafATgmail.com  @profbanzhaf