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Activity Number:
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231
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Type:
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Contributed
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Date/Time:
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Monday, August 3, 2009 : 2:00 PM to 3:50 PM
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Sponsor:
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Section on Statistical Consulting
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| Abstract - #304637 |
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Title:
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Testing Equal Protection of the Law: Unequal Quanta of Evidence in Drunken Driving Prosecutions in New Jersey
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Author(s):
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Ayako Kambara*+
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Companies:
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Applied Statistical Consulting, LLC
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Address:
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1010 Route 71, Spring Lake, NJ, 07762,
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Keywords:
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Equal Protection of the Law ; Quantum of Evidence ; Drunk Driving Prosecutions ; New Jersey Supreme Court ; Alcotest 7110 ; Law and Statistics
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Abstract:
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The purpose of this paper is to test empirically whether or not the constitutional right to equal protection is ensured in New Jersey drunk driving prosecutions. The data used in this paper were obtained from DUI litigation in the New Jersey Supreme Court (State of New Jersey v. Chun, et al., 194 N.J. 54 (2008)). Multiple regression models are estimated using defendants' biological characteristics and police departments as independent variables. Statistical analyses reject the hypothesis of equal quanta of evidence. Without proper adjustments in the alcohol detection instrument, the final Breath Alcohol Concentration can vary according to which police department the defendant was taken to. The final evidence used in court can vary by regional police departments when holding defendants' biological characteristics constant.
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