Suspect Demeanor and Arrest: a Triggered Displacement of Aggression Explanation

The evidence that police arrest suspects who display a disrespectful demeanor is mixed. One explanation for these equivocal results may be triggered displaced aggression theory. This theory suggests persons who are provoked to anger internalize their aggression and unleash it later on someone or something that further agitates them. A sample of officers was primed for either a positive or negative affect, presented with a domestic disturbance vignette, and asked to rate their likelihood of making an arrest. In one vignette version the suspect displayed a hostile demeanor and in the other the suspect’s demeanor was neutral. Officers who were negatively primed and encountered the hostile demeanor suspect were most likely to arrest compared to officer in the other conditions.     

Suspect burial excavation procedure: A cautionary tale

Geographic location, time of reporting and need for rapid evaluation contributed to a lack of intelligence concerning a suspect burial site in scrub woodland (～15 km from the last known location of a missing person) in Northern Ireland. Police received reports of a subsiding ‘grave’, which was evaluated positively using GPR and victim recovery dogs (VRD). After 24 h work, archaeological excavation showed a vertical-sided, stepped excavation on undisturbed clay with no inhumation. Subsequent research showed the feature to be an engineering trial pit. The GPR response was a water table and rocks, VRD were possibly reacting to disturbed ground. The work serves as a demonstration of good archaeological practice in suspect burial excavation, following a lack of landscape evaluation and poor overall intelligence.     

A Meta-Analysis of the Effects of Jury Size

In a series of opinions in the 1970s, the U.S. Supreme Court concluded that juries smaller than 12 persons would be constitutional if they performed no differently than traditional 12-person juries. In a meta-analysis, we examined the effects of jury size on the criteria the court specified as the basis for making such comparisons. A search for all relevant empirical studies identified 17 that examined differences between 6- and 12-member juries. The total sample for the 17 studies was 2,061 juries involving some 15,000 individual jurors. Among other findings, it appears that larger juries are more likely than smaller juries to contain members of minority groups, deliberate longer, hang more often, and possibly recall trial testimony more accurately.     

The Likelihood of Arrest: A Routine Activity Theory Approach

Routine activities theory (RAT) is traditionally drawn upon to highlight the role of offender motivation, target suitability, and effective guardianship in explaining victimization patterns. While an extensive literature base supports RAT, prior studies have neglected to examine the impact of offender motivation, target suitability, and guardianship on diverse outcomes of violent crimes. The current study extends prior research grounded in RAT by exploring the role of indicators of the central elements highlighted by the theory in understanding the likelihood that an offender will be arrested. As such, this study adds to the growing body of literature on RAT by exploring its relevance to a more diverse set of outcomes. To do this, we draw on the wealth of data on offender, victim, and incident characteristics available in the National Incident Based Reporting System (NIBRS). Results from the analysis offer a moderate to strong level of support for extending RAT to understanding variation in the likelihood that an offender will be arrested. The insights gained from a RAT framework were further discussed in relation to our findings.     

逮捕制度改革的两条道路及其反思——以逮捕功能异化现象为立论基点

在我国司法实践中,逮捕的适用已异化为定罪的前奏,逮捕所引发的未决羁押也已异化为刑罚的预支。对此,目前存在着两种不同的改革思路:一种是否定现状,试求回复逮捕作为强制措施本质的"强制措施化"改革模式;另一种是默认现状,试求对逮捕适用程序进行诉讼化改革,以提升逮捕质量的方式减少其功能异化所造成的危害,即"逮捕诉讼化"的改革模式。前者虽在理论上具有毋庸置疑的正当性,但实践中却面临一系列障碍;后者虽颇受立法与司法实践青睐,但该种理念却以默认逮捕实体化为前提,其理论正当性却面临质疑。     

审查逮捕程序改革的进路——以提高逮捕案件质量为核心

我国审查逮捕程序存在的最突出的问题是错捕和不当逮捕比例过高,这主要是由于侦查机关没有对逮捕的全部条件承担证明责任和犯罪嫌疑人诉讼地位客体化造成的。调整批捕权的职权配置,将其交给法院行使,并不能达成以审查逮捕的正当程序控制逮捕的目标。我们应当以树立检察官在审查逮捕程序中的裁判者角色为核心,维系审查逮捕程序的诉讼构造,强化对逮捕全部条件的审查,改进检察机关审查逮捕的工作机制,创造犯罪嫌疑人及其律师在审查逮捕程序中发挥作用的条件,推行不捕理由双重说明机制,进而强化侦查机关对逮捕条件的证明责任,以实现审查逮捕程序的正当化,达到防止错捕、减少不当逮捕,并为公诉程序、审判程序纵深改革创造条件的目的。     

A Rapid and Efficient Method for Evaluation of Suspect Testimony: Palynological Scanning

A rapid method for evaluating suspect testimony is valuable at any stage in an inquiry and can result in a change of direction in an investigation. Rape cases, in particular, can present problems where a defendant renders DNA analysis redundant by claiming that the claimant consented to have sexual relations. Forensic palynology is valuable in confirming or eliminating locations as being crime scenes, thus checking the testimony of both parties. In contrast to some forensic disciplines, forensic palynology can provide critical information without time-consuming full analysis. Two cases are described where the palynological assemblages from comparator samples of pertinent places were compared with those obtained from clothing of claimants and defendants. The results of rapid microscopical scanning of relevant preparations led to early confessions, thus obviating the need for costly analyses and protracted court proceedings. A third case demonstrates the unbiased nature of this technique where a man, although innocent of any offense, lied about having visited the crime scene for fear of prosecution. This highlights the need for sensitive policing in claims of rape.     

The Reasonable Expectation of Privacy and the Criminal Suspect

In In re JR38, the Supreme Court unanimously dismissed an appeal from a 14 year‐old boy who argued that the dissemination of his image, taken whilst he was participating in sectarian rioting, to local newspapers, violated his rights under Article 8 of the European Convention on Human Rights (ECHR). However, the Court was divided on whether or not the measures taken by the police engaged the applicant's Article 8(1) rights at all. This case raises fundamental questions as to the scope of private life in the context of criminal investigations, and the place of the European Court of Human Rights’ ‘reasonable expectation of privacy’ test in determining whether Article 8(1) of the ECHR is engaged. This case comment subjects the majority's interpretation of Article 8(1) to critical scrutiny, concluding that this interpretation may unduly restrict the scope of Article 8 protection for those subject to criminal investigations.     

The Impact on Juror Verdicts of Judicial Instruction to Disregard Inadmissible Evidence: A Meta-Analysis

The effect on juror verdicts of judicial instructions to disregard inadmissible evidence was evaluated using meta-analysis. One hundred seventy-five hypothesis tests from 48 studies with a combined 8,474 participants were examined. Results revealed that inadmissible evidence (IE) has a reliable effect on verdicts consistent with the content of the IE. Judicial instruction to ignore the inadmissible evidence does not effectively eliminate IE impact. However, if judges provide a rationale for a ruling of inadmissibility, juror compliance may be increased. Contested evidence ruled admissible accentuates that information, resulting in a significant impact on verdicts. Suggestions for how the courts may mitigate the impact of inadmissible evidence more effectively are discussed.     

Dual Arrest and Other Unintended Consequences of Mandatory Arrest in New York City: A Brief Report

In jurisdictions across the United States, the mandated arrest of individuals perpetrating domestic violence crimes termed “mandatory arrest” or “pro-arrest” policies has become a key policy solution to the issue of domestic violence. The purposes of the policies are to standardize the police response to, and increase the number of, arrests stemming from domestic violence incidents by removing or reducing police discretion to arrest. In 1994, the New York state legislature passed the Family Protection and Domestic Violence Intervention Act, which contained provisions enacting a mandatory arrest statute. Using information from 183 callers to a telephone helpline for victims of domestic violence, we describe four unintended consequences of the policy: “unwanted,” “dual,” “retaliatory,” and “no” arrest. Bi- and multivariate analyses are used to identify victim and perpetrator sociodemographic, situational, and legal factors associated with each arrest type. Results are discussed in the context of the effects of mandatory arrest policies and minimizing problems associated with it in the future.

The European Arrest Warrant and the Sovereign State: A Marriage of Convenience?

The article aims to analyse the extent to which mutual recognition and mutual trust in the criminal law area are developing in the EU in the context of the implementation of the European Arrest Warrant (EAW). First, an overview of the decisions of the Constitutional Courts in Germany, Poland, Cyprus and Czech Republic will be given. These decisions are evidence of a tension, on the one hand, between mutual recognition and state sovereignty and, on the other hand, between the powers of the European institutions in criminal matters and the fundamental rights of the individual. Second, national case‐law in the UK, Belgium, Spain and Italy will be examined. Third, an analysis of the recent decision of the European Court of Justice of 3 May 2007 will be carried out. Finally, a global assessment of the EAW will be made. Is this instrument effectively promoting normative mutual trust among the judicial authorities in the EU? Should it be amended or is it the wrong response at the wrong time? Some suggestions will be put forward, in light of what is considered to be the nature of the EAW and the birth of this instrument as part of the mutual recognition agenda.     

Intimate Partner Violence: The Role of Suspect Gender in Prosecutorial Decision‐Making

Utilizing a sample of 8,461 cases involving heterosexual intimate partner violence, this paper examines the role of suspect gender in prosecutorial decision‐making. Four decision points are assessed: the decision to file charges (versus rejection for insufficient evidence); to file as a felony (versus a misdemeanor or probation violation); to dismiss for insufficient evidence (versus full prosecution); and to reduce felony charges to a misdemeanor or violation of probation. Suspect gender was found to be statistically significant in relation to all four outcomes in favoring female over male suspects. Numerous interaction effects were observed between gender and measures of prior arrest and offense severity in particular, suggesting that prosecutors distinguish between male and female suspects across these variables. We suggest that these data provide some support for recent qualitative research suggesting that court personnel are responsive to the gendered asymmetry of intimate partner violence, and may view female intimate violence perpetrators more as victims than offenders.     

School-Based Prevention of Problem Behaviors: A Meta-Analysis

This study examines the features of effective school-based prevention of crime, substance use, dropout/nonattendance, and other conduct problems. It summarizes, using meta-analytic techniques, results from 165 studies of school-based prevention activities that ranged from individual counseling or behavior modification programs through efforts to change the way schools are managed. The results highlight several inadequacies in the existing research for guiding policy and practice, the most notable of which is that many popular school-based prevention approaches have not been well studied to date. The study shows, however, that school-based prevention practices appear to be effective in reducing alcohol and drug use, dropout and nonattendance, and other conduct problems. The size of the average effect for each of the four outcomes was small and there was considerable heterogeneity across studies in the magnitude of effects, even within program type after adjusting for measured method and population differences. Non-cognitive-behavioral counseling, social work, and other therapeutic interventions show consistently negative effects, whereas self-control or social competency promotion instruction that makes use of cognitive-behavioral and behavioral instructional methods show consistently positive effects. Also effective are noninstructional cognitive-behavioral and behavioral methods programs. Environmentally focused interventions appear to be particularly effective for reducing delinquency and drug use.     

刑事程序选择权论要——从犯罪嫌疑人、被告人的角度

刑事程序选择权,是指当事人,主要是犯罪嫌疑人或被告人在刑事诉讼过程中选择相关程序和与程序推进相关事项的权利.此项权利不仅在工具性层面上有着重要的应用价值,而且在应然性层面上具有重要的理性基础.刑事程序选择权的基本样态包括诉讼角色选择、裁判主体选择、诉讼利益选择、程序分流选择,它们有着各自的价值功能.从科学可行的路径出发,中国刑事诉讼制度的立法与实践应该扩充甚至创设刑事程序选择权的制度平台和运行空间.     

Risk Assessment for Juvenile Justice: A Meta-Analysis

Risk assessment instruments are increasingly employed by juvenile justice settings to estimate the likelihood of recidivism among delinquent juveniles. In concert with their increased use, validation studies documenting their predictive validity have increased in number. The purpose of this study was to assess the average predictive validity of juvenile justice risk assessment instruments and to identify risk assessment characteristics that are associated with higher predictive validity. A search of the published and grey literature yielded 28 studies that estimated the predictive validity of 28 risk assessment instruments. Findings of the meta-analysis were consistent with effect sizes obtained in larger meta-analyses of criminal justice risk assessment instruments and showed that brief risk assessment instruments had smaller effect sizes than other types of instruments. However, this finding is tentative owing to limitations of the literature.     

Identification Accuracy of Children versus Adults: A Meta-Analysis

Identification accuracy of children and adults was examined in a meta-analysis. Preschoolers (M = 4 years) were less likely than adults to make correct identifications. Children over the age of 5 did not differ significantly from adults with regard to correct identification rate. Children of all ages examined were less likely than adults to correctly reject a target-absent lineup. Even adolescents (M = 12–13 years) did not reach an adult rate of correct rejection. Compared to simultaneous lineup presentation, sequential lineups increased the child–adult gap for correct rejections. Providing child witnesses with identification practice or training did not increase their correct rejection rates. Suggestions for children's inability to correctly reject target-absent lineups are discussed. Future directions for identification research are presented.     

The Effects of Tenure on Staff Apathy and Treatment Orientation: A Comparison of Respondent Characteristics and Environmental Factors

Because inmate rehabilitation efforts are influenced by prison staff, Pennsylvania’s Department of Corrections recently began collecting survey data from corrections staff about their attitudes and beliefs for treatment programming. The present analysis focused on staff tenure, or length of time employed in a corrections field, and its effects on support for inmate rehabilitation. Overall, findings from bivariate analyses clearly showed that staff with 16 years or more of service expressed less apathy and demonstrated a treatment orientation perspective toward inmate rehabilitation. Findings from multivariate analyses showed that respondent characteristics including tenure and job category were stronger predictors of staff apathy and a treatment orientation perspective than were environmental factors associated with the prisons. Policy implications will be discussed.     

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.