Police-Induced Confessions: Risk Factors and Recommendations

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends, we hope that this issue provides a platform for future research aimed at improving the diagnostic value of confession evidence.     

Japanese Suspect Interviews,Confessions, and Related Factors

Two hundred and ninety-one new adult male inmates convicted of murder, robbery, arson, rape, forcible indecency, and kidnapping completed questionnaires about their pretrial interviews. Logistic regression analyses revealed that marital status, feelings of guilt, and perceptions of the strength of the evidence significantly affected the likelihood of confession by those who had already decided to confess prior to interview. By contrast, prior arrest history and interview style affected the likelihood of confession by those who had not previously decided to confess. Suspects who had no previous arrests and had undergone either Undifferentiated-high or Relationship-focused interviews were more likely to make full confessions. In Undifferentiated-high interviews, police officers employed all of the interviewing techniques examined: they listened closely to the suspects’ accounts, attempted to build good relationships, and discussed the crimes, while also presenting evidence and confronting the suspects. In Relationship-focused interviews, police officers listened attentively to the offenders’ accounts, tried to build good relationships, and discussed the crimes directly. Prisoners who experienced Relationship-focused interviews felt satisfied with their confessions and admitted guilt at trial.     

Looking Ahead: Addressing Ethical Challenges in Public Health Practice

Ethical challenges in public health can have a significant impact on the health of communities if they impede efficiencies and best practices. Competing needs for resources and a plurality of values can challenge public health policymakers and practitioners to make fair and effective decisions for their communities. In this paper, the authors offer an analytic framework designed to assist policymakers and practitioners in managing the ethical tensions they face in daily practice. Their framework is built upon the following set of six considerations: determining population-level utility of the proposed action; demonstrating evidence of need and effectiveness of actions; establishing fairness of goals and proposed implementation strategies; ensuring accountability; and, assessing expected efficiencies and costs associated with the proposed action. Together, these considerations create a structured guide to assist decision-makers in identifying potential ethical challenges and in assessing the moral considerations that underlie public health practice - and possibly even, if the conditions are met, reduce the creation of ethical tension. Although the authors'empirical experiences provide the basis for the framework advanced here, their approach remains to be tested and evaluated by public health practitioners.     

依法治国历史进程的回顾与展望

自党的十一届三中全会以来的30年,尤其是确立"依法治国,建设社会主义法治国家"治国方略以来的晚近10年,中国的民主法制建设同经济、社会建设一起不断成长进步,本文通过对依法治国方略历史进程的回顾与展望,主要论述该方略的由来与发展、科学含义与争论、理论依据与重大意义及其主要标志和基本要求.     

Inside Interrogation: The Lie,The Bluff,and False Confessions

Using a less deceptive variant of the false evidence ploy, interrogators often use the bluff tactic, whereby they pretend to have evidence to be tested without further claiming that it necessarily implicates the suspect. Three experiments were conducted to assess the impact of the bluff on confession rates. Using the Kassin and Kiechel (Psychol Sci 7:125–128, 1996) computer crash paradigm, Experiment 1 indicated that bluffing increases false confessions comparable to the effect produced by the presentation of false evidence. Experiment 2 replicated the bluff effect and provided self-reports indicating that innocent participants saw the bluff as a promise of future exoneration which, paradoxically, made it easier to confess. Using a variant of the Russano et al. (Psychol Sci 16:481–486, 2005) cheating paradigm, Experiment 3 replicated the bluff effect on innocent suspects once again, though a ceiling effect was obtained in the guilty condition. Results suggest that the phenomenology of innocence can lead innocents to confess even in response to relatively benign interrogation tactics.     

Food,Meaning, and the Law: Confessions of a Vegan Semiotician

The essay that follows combines several genres along an unconventional path. It departs from the psycho-semiotic analysis of a personal turning point: the author’s ‘conversion’ to veganism. After exposing the rationale for this change in semiotic terms, however, the essay extends its theorization to the social level, inquiring about the intersection between vegan conviction and commensality. In a world where different food ideologies co-occur, converge, conflict, and sometimes clash, what is the role of the law in establishing value priorities and strike a balance among different sociocultural and political trends? The essay concludes with a synthetic definition, in semiotic terms, of the perspective on food, meaning, and law promoted by the author: a vegan liberalism that is tolerant of food pluralism but simultaneously militates for the evolution of culture and society toward the accomplishment of a utopia, that of a world immune from the exploitation of animal suffering.     

Snitching,Lies and Computer Crashes: An Experimental Investigation of Secondary Confessions

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.     

Intimate Partner Abuse among African American Lesbians: Prevalence, Risk Factors, Theory, and Resilience

The purpose of this article is to present an intersectionality-based model for conceptualizing the risk factors associated with intimate partner abuse (IPA) among African American lesbians. The available literature on prevalence and risk factors associated with IPA suggests that: (a) estimates of prevalence rates for African American lesbian IPA could range from 25?% to 40?%, with the higher end of the range representing the inclusion of nonphysical forms of abuse (i.e., verbal abuse, intimidation, and coercion); and (b) the risk factors most likely to be associated with IPA for this population include poverty, history of trauma and mental health symptoms (including substance abuse), in addition to distress caused by multiple and intersecting forms of oppression (i.e., racialized, classist sexism and heterosexism). The model demonstrates the manner in which all of these risk factors intersect to create disproportionately high risk for this underresearched and underserved population. A psychodynamically based model is also presented that illustrates the cycle of abuse within an African American lesbian relationship. Finally, a model depicting the most likely protective factors segues into a brief concluding discussion about the implications for intervention, prevention, policy, education, and future research.     

Turkey, Water and the Middle East: Some Issues Lying Ahead

This article analyzes cross-border water disputes in Mesopotamiathat involve Turkey, Iraq and Syria. It focuses on the SoutheasternAnatolia Project (Turkish: Güneydou Anadolu Projesi (GAP))that is being undertaken by various administrations of the governmentof the Republic of Turkey in the last few decades and triesto shed light on some important legal issues surrounding it.On 3 October 2005, Turkey began negotiations with the EuropeanUnion (EU) for accession as a full member. Attention is alsogiven to the extent to which the matter may complicate Turkey'srelations with the EU during these negotiations. Water conflicts in the Middle East have recently become a popularsubject for international scholars.¹ Numerous writers, fromacademics to intelligence analysts, have contributed variousperspectives to the increasingly complex issues surroundingthe topic. Scholars who specialize in water problems in theMiddle East have devoted particular attention to the regionwatered by the Euphrates and Tigris Rivers, and their tributaries—anarea commonly known as Mesopotamia. Many of these publicationsare promulgated by two distinct (and opposing) party views:that of the Turkish government on the one hand, and that ofthe Syrian and Iraqi governments on the other.² Consequently,much of the work underpinning the growing body of scholarshipin this area reflects the biases of each position. In analyzing the longstanding conflicts over water rights inMesopotamia, this paper endeavors to accomplish several things.First, to give readers a more complete understanding of thecurrent dispute, a detailed account of the opposing views ofTurkey and Syria/Iraq is provided. Second, the merits of eachposition are weighed in light of the current state of publicinternational law, with particular attention given to Turkey'sdesire to exercise extensive control over the watercourses atissue. Lastly, the potential effects of the changing politicalclimate in the region—namely Turkey's accession talkswith the EU, Iraq's recent regime change, and the uncertaintyof Syria's political future—are considered and discussed.     

重复供述排除问题研究

一次非法取供,是否要对重复供述一排到底?重复供述问题在我国尤为突出,然而,法律和司法解释中并未明确重复供述的可采性。重复供述排除与否取决于先前的非法取供手段对重复供述的实际影响。基于我国实际,应当实行重复供述的分阶段排除方式,即原则上只排除非法取供发生后至确认前在同一诉讼阶段获取的重复供述。为了克服排除重复供述的障碍,应当允许重复取供,理顺公、检、法的关系,减少三机关的同质性。当然,最根本的举措是要建立激励为主的取供机制,调整形式主义的口供运用模式,怯除对非自愿供述的依赖。     

Breaking Bad: DSM-5 Description, Criticisms, and Recommendations

The special issue on the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5th edition, American Psychiatric Association, 2013) in the journal Psychological Injury and Law has considered its changes relative to the DSM-IV-TR (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, text revision, American Psychiatric Association, 2000) from both a clinical utility and scientific point of view. Although the manual did not undergo wholesale change, the changes to diagnostic categories relevant to the area of psychological injuries (especially posttraumatic stress disorder, mild traumatic brain injury, and chronic pain) present both practical and forensic conundrums, complicating clinical and legal work in the area. The articles in the special issue number nine (including the present one), and involve ones on the major psychological injuries, as well as personality. Separate articles deal with forensics and ethics, with a final one considering forensic psychiatric work using the DSMs. The authors collectively indicate that the DSM-5 is rife with utility and scientific difficulties, although it still might be used in practice and for court in the context of careful, comprehensive assessments and critical analysis. More importantly, ongoing and future research should be considered in revising the DSM-5. Some of the articles review in depth the extant research on their topics and all make recommendations that are useful. The articles include those (in order in the special issue) by: Zoellner et al. (Psychological Injury and Law, 6, 2013); Biehn et al. (Psychological Injury and Law, 6, 2013); Schultz (Psychological Injury and Law, 6, 2013); Young (2013); Hopwood and Sellbom (Psychological Injury and Law, 6, 2013); Thomas (Psychological Injury and Law, 6, 2013); Gordon and Cosgrove (Psychological Injury and Law, 6, 2013); and an opinion piece by Frances and Halon (Psychological Injury and Law, 6, 2013), the chief chair of the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, 4th edition, American Psychiatric Association 1994).     

Legal Decisions of Preadolescent and Adolescent Defendants: Predictors of Confessions,Pleas, Communication with Attorneys,and Appeals

While there is an increasing recognition that developmental differences may exist in legal decision-making, little research has examined this. This study examined the legal judgments of 152 defendants aged 11–17 (73 females, 79 males). Adolescents aged 15 and younger were more likely than older adolescents to confess and waive their right to counsel, and less likely to report that they would appeal their case or discuss disagreements with their attorneys. Also, while adolescents aged 15–17 were more likely to confess, plead guilty, and accept a plea bargain if they perceived that there was strong evidence against them, younger defendants’ legal decisions were not predicted by the strength of evidence. Importantly, defendants with poor legal abilities were more likely to waive legal protections, such as the right to counsel and to appeal. Defendants from below-average socioeconomic backgrounds were more likely to waive their interrogation rights, and defendants from ethnic minority groups were less likely to report that they would disclose information to their attorneys. The advice of attorneys, parents, and peers emerged as important predictors of plea decisions. None of the defendants reported that their parents advised them to assert the right to silence during police interrogation.     

Protective Orders and Domestic Violence: Risk Factors for Re-Abuse

One of the few legal tools for protecting victims of domestic violence is the civil Protection Order (PO). How effective they were in preventing re-abuse was analyzed by examining court and police records from 210 couples in which female victims (or applicants) filed POs against their violent partners. Police records for 2 years prior and two years following the issuance of a PO were reviewed. Results indicated a significant decline in the probability of abuse following a PO. Prior to filing a PO, 68% of the women reported physical violence. After filing, only 23% reported physical violence. Several risk factors were assessed and it was found that very low SES women were more likely to report re-abuse as were African-Americans.     

Resilience in Sexually Abused Women: Risk and Protective Factors

The goal of this study was to evaluate the contribution of family characteristics (family conflict and cohesion) and abuse characteristics (age at which abuse occurred, abuse severity, and relationship to perpetrator) to resilience (self-acceptance, ability to engage in positive relationships with others, and environmental mastery) in a sample of one hundred and 77 university women who had experienced childhood sexual abuse (CSA). The respondents completed a questionnaire that focused on childhood experiences including family environment in childhood, characteristics of the abuse they had experienced in addition to degree of current resilience defined as their level of well-being (self-acceptance, ability to engage in positive relationships with others, and environmental mastery). The results indicated that family characteristics accounted for 13–22% of the variance in the well-being outcomes. In contrast, abuse characteristics accounted for 3% or less of the variance in the well-being outcomes. The clinical implications of these findings are discussed.