Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

Victims’ perceptions of the police response as a predictor of victim cooperation in the Netherlands: a prospective analysis

The current study prospectively explores whether crime victims’ willingness to cooperate with the police is predicted by victims’ perceptions of police officers’ behaviour with regard to their case through their perceptions of police legitimacy. Structural equation modelling was used to examine the interrelationships between the study variables while controlling for baseline values among a sample of 201 crime victims in the Netherlands. Results indicate that victims’ perceptions of procedural justice and police performance were predictive of both indicators of perceived police legitimacy (i.e. obligation to obey the law and trust in the police). Moreover, victims’ willingness to cooperate with the police was indirectly predicted by victims’ perceptions of procedural justice and police performance, through their perceptions of obligation to obey the law. These findings suggest that police officers may play an important role in stimulating victims’ willingness to cooperate with the police by treating victims fairly and by taking investigative actions to solve the crime.     

In the eye of the beholder? An examination of the inter-rater reliability of the LSI-R and YLS/CMI in a correctional agency

PurposeTo examine the inter-rater reliability of two risk assessment tools: The Level of Service Inventory-Revised (LSI-R) and the Youth Level of Service/Case Management Inventory (YLS/CMI).MethodsTwo identical experiments are reported. For both studies, a random sample of 10 offenders were interviewed and videotaped with each tool (totaling 20 offenders). The tapes were then shown to a random selection of 20 raters (for a total of 40 raters) employed at a state agency. The fully-crossed design allowed each of the raters to rate the each of the cases, resulting in 200 total risk score observations for each tool. Inter-rater reliability analyses were then conducted.ResultsThe LSI-R demonstrated adequate to fair reliability, with certain domains showing lower reliability. Overall, the LSI-R had an ICC of .65. The YLS/CMI demonstrated higher reliability (ICC of .78). In addition, for the LSI-R study, comparisons were made between staff raters who work in a facility versus those in the community (e.g., probation officers). For the YLS/CMI study, comparisons were made between incarcerated offenders versus probationers. Neither comparison yielded consistent differences.ConclusionsThe YLS/CMI is generally reliable. The LSI-R showed less reliability. However, each study showed certain domains with less than ideal reliability.     

When is a group not a political group? the dissolution of the TDI group in the european parliament

This article is about political groups and non-attached members in the European Parliament (EP). Although the strengthening of the former to the detriment of the latter is an old as well as an incremental phenomenon, it is with the current legislature that the struggle between the two has become a central issue of the EP agenda. The peak is the case of the TDI Group (‘Bonino-Le Pen’), the first political group dissolved by the assembly itself, backed by an unprecedented judgment of the Court of First Instance, on the basis of the lack of political affinities between its members. At the same time as shedding light on the way political groups are conceived and the prerogatives they reserve, this episode emphasises the special imperatives of the EP internal organisation and helps to explain the most recent revision of the Rules of Procedure. The study reveals that over time the EP has increasingly enhanced the role of political groups to an extent that non-attached members consider prejudicial for the full exercise of the democratic mandate; moreover, it shows that the requirement of political affinities to form political groups is formal in nature so that only an explicit denial would entail its actual enforcement, as was the case for the TDI Group; finally, while emphasising that the EP's internal structure needs to be considered in the light of the special legislative role and unique transnational features of the institution itself, it warns that reference to other national models can be misleading.     

Toward a Green-Cultural Criminology of “the Rural”

There are many connections between the various strands of critical criminology. Previously, we highlighted common issues between green and cultural criminology, while also noting some of the ways that each perspective could potentially benefit from cross-fertilization (Brisman and South in Crime Media Cult 9(2):115–135, 2013, Green cultural criminology: constructions of environmental harm, consumerism and resistance to ecocide. Routledge, Oxford, 2014; McClanahan in Crit Criminol. doi:10.1007/s10612-014-9241-8, 2014). In this article, we extend our analysis to consider green, cultural and rural criminologies through the exposition of several key issues, including “the rural” as local context in which exploitative global forces may exercise power; agribusiness and the food/profit chain; farming and the pollution of land, water and air; and finally, cultural/media images and narratives of rural life. We focus more specifically on this final intersectionality through an analysis of Jonathan Franzen’s novel Freedom (2010), analyzing his depictions of rural people, environmental activists, and the rural environment through the issue of mountaintop removal. We conclude our article by identifying several examples of key directions in which the intersectionality of green, cultural and rural criminologies might proceed, including trafficking and abuse of farmworkers, harms associated with the cultivation of quinoa, and a critical interpretation of media and popular narrative depictions of environmental issues within rural contexts.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.     

Can a prison be self-managed? A study of the informal organisation of a bolivian prison

The purpose of this study is to investigate the unique prisons of Bolivia. Their main features include the presence of wives and children, self-management of activities within the prison and the opportunity for inmates to take part in various activities. In particular, the general organisation of the prisons and the inmates’ experience, especially on an interpersonal level, is described in this study. The obtained data shows that functional and effective experiences of social rehabilitation can be promoted even under extreme conditions and, in some cases, this provides important insights into the prison systems of most developed countries.

     

Investigating the Functional Form of the Self-control–Delinquency Relationship in a Sample of Serious Young Offenders

Objective

This work further examines the functional form of the self-control–delinquency relationship as an extension of recent work by Mears et al. (J Quant Criminol, 2013). Given the importance of the authors’ conclusions regarding the nonlinear relationship between these two variables and the recognition that there are some potential limitations in the sample and assumptions required for the analytic methods used, we apply both similar and alternative techniques with a data set comprised of serious youthful offenders to determine whether key findings can be replicated.

Methods

Data from the Pathways to Desistance study, which comprise extensive individual and social history interviews with 1,354 offenders over multiple waves spread out over 84 months, is utilized in this analysis. These data are well-suited to investigating the questions of interest as the target population comprises youth with offending histories that are more extensive than those likely to be found in general surveys of adolescents. The analyses consider the self-control–delinquency relationship in an alternative sample with the previously used Generalized Propensity Score (GPS) procedure, which requires strong assumptions, as well as nonparametric regression which requires far weaker assumptions to consider the functional form of the self-control–delinquency relationship.

Results

The results generally show that the identified functional form of the self-control–delinquency relationship seems to be at least partly dependent on aspects of the modeling of dose–response associated with GPS procedures. When nonparametric general additive models are used with the same data, the relationship between self-control and delinquency seems to be approximately linear.

Conclusions

Identifying functional form relationships has importance for many criminological theories, but it is a task that requires that the balance of model assumptions to exploratory data analysis falls toward the latter. Nonparametric approaches to such questions may be a necessary first step in learning about the nature of mechanisms presumed to be at work in important explanations for crime and criminality.     

MEPs and the building of a ‘parliamentary Europe’

The European Parliament (EP) has become significantly more important in the last ten to 15 years. Little attention has thus far been paid, however, to one crucial element in this story: the consistent support of the majority of EP members (MEPs) for a strategy of parliamentary assertiveness. This note investigates the factors influencing MEPs’ behaviour in a series of key parliamentary divisions, where issues concerning the assertiveness of the parliament were at question. Contrary to much speculation, more experienced MEPs do not appear to become socialised into more hard‐line attitudes. Rather, factors relating to members’ partisan status and nationality are the major determinants of support for enhancing the status of the EP. The findings are argued to suggest important implications for both the EP and the European Union as a whole.     

‘Sustaining the Character of a Judge’: Conflict within the Legal Thought of British India

Judicial roles provided the raj with major dilemmas. One persistent dispute related to civil servants sitting as judges. Critics argued that civil servants had a superficial legal education and lacked appropriate practical experience of work in the courts. Defenders of their judicial role contended that the best training for judges lay in administrative work on the plains of the sub-continent. Governors-general, viceroys, and others in executive positions claimed that such work provided officials with an understanding of Indian society and that this social knowledge made them effective judges. Professional judges drawn from the ranks of barristers and sitting in the major cities of Calcutta, Bombay and Madras frequently contested this view and the result was sustained disagreement. At the heart of the debate lay competing visions of justice.     

Lie Detection Accuracy—the Role of Age and the Use of Emotions as a Reliable Cue

Literature surrounding the accuracy of deception detection has produced inconsistent findings, and the majority of investigations have been based upon low-stakes lies. Although recent research has suggested that high-stakes situations may produce reliable cues to deception, it remains unclear whether knowledge of these cues actually improves the detection of lies. In an online experiment, we assessed participant’s ability to detect lies in 22 public appeals for help with missing or murdered relatives (N = 196). Participants were randomly allocated to either the cue condition (presented with previously identified cues to deception) or no cue condition (instructed to make judgement on instinct), before being presented with the video footage. Participants were asked to indicate whether the appealer is lying or telling the truth, how confident they are in their judgement and if they were familiar with the case. At the end of the experiment, participants wrote qualitative responses on the cues that they used during lie detection. Although cue knowledge and confidence did not significantly predict accuracy scores, there was a positive relationship between accuracy and age. Participants who used emotion-based cues were significantly better at detecting deception. The findings are discussed with reference to the existence of reliable cues.     

On the meaning of the likelihood ratio: Is a large number always an indication of strength of evidence?

There is general lack of awareness that high LR based on complex propositions e.g. three contributors, does not necessarily translate into probative evidence against a suspect. In some cases there is an increased chance of false inclusion of a person of interest. This is an issue for all LR-based models. One way to address this issue is to further evaluate or qualify the estimated LR by a performance test. Based on simulations, this was achieved by non-contributor-testing: replacing the reference profile of interest (typically the suspect's profile), by the profile of a simulated random man. An exact p-value can also be calculated, giving the chance of observing an LR-value exceeding the estimated if the defense hypothesis is true.     

What's the Use of a Hashtag? A Case Study

Although there are now sophisticated techniques for the analysis of social media, socio‐legal studies has yet to draw on them fully. In this article, we demonstrate how Twitter can produce insights about protest, law, and legality, through a case study of protests against the ‘bedroom tax’. The first involved challenging a policy in the courts using a test case or cases. We discuss the litigation strategies and the mess they created and counterpose those strategies with those of four prolific ‘tweeps’ who participated in our study. We argue that, despite the small number of participants, these people have, in their own way, been enormously influential and made things happen. Our position is not evaluative of the different strategies – but, rather, one that recognizes that legality is mobilized in different ways.     

Is Plea Bargaining in the “Shadow of the Trial” a Mirage?

It has been well established that a ??plea discount?? or ??trial penalty?? exists, such that defendants who plead guilty receive significant sentencing discounts relative to what they would receive if convicted at trial. Theorists argue that the exact value of this plea discount is determined by bargaining ??in the shadow of a trial,?? meaning that plea decision-making is premised on the perceived probable outcome of a trial. In trials, the strength of the evidence against defendants greatly impacts the probability of conviction. In the present study, we estimate the probability of conviction at the individual level for those who pled guilty. We find that, contrary to the shadow of the trial model, evidentiary factors either do not impact or negatively impact the probability of conviction, which stands in stark contrast to the impact evidence has at trials. These findings suggest that plea bargain decision-making may not occur in the shadow of the trial.     

Law Enforcement and the Rights of the Accused: Are the Police Getting a Bad Rap?

Nationwide, law enforcement professionals have endured increasing scrutiny regarding their treatment of custodial suspects and their alleged abridgement of suspects’ Constitutional rights. At the same time, in the interests of community safety, many members of the public fully expect police officers to function efficiently in arresting and facilitating the prosecution of likely perpetrators. These perspectives reflect due-process and crime-control models respectively. Very little is known, however, about how law enforcement professionals actually view the rights of the accused when not acutely immersed in the cross-currents of public opinion. Using an anonymous survey, the current investigation addresses both Miranda rights as well as the European Union’s (EU) much more comprehensive approach to the rights of the accused. In general, this sample of 209 urban police officers favored protections of criminal suspects that went considerably beyond Miranda safeguards.     

Justice at risk! An evaluation of a pseudoscientific analysis of a witness’ nonverbal behavior in the courtroom

Psychology and law have developed as disciplines through rigorous data collection, exploration and analysis, and the publication of findings through peer-review processes. Such findings are then used to implement evidence-based practices within a variety of settings. However, in parallel to factually and scientifically based knowledge, ‘alternative’ science, or pseudoscience, has gained in popularity. The present case study aims to evaluate the empirical evidence and theoretical underpinnings of a publically accessible analysis of a suspected serial killer’s nonverbal behavior during a bond hearing published online by two ‘synergologists’. The case study emphasizes how a ‘synergological’ analysis to understanding and interpreting human behavior fails to use empirical data, making generalized inferences based on erroneous assumptions. The case study also highlights the detrimental effects such assumptions may have within the justice system and why pseudoscientific analytical approaches should be vigorously challenged by research scientists.