Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

The effects of delay on voice recognition accuracy

Two experiments were conducted in which 176 listeners heard male and female objectively defined high- and low-recognition voices and then attempted to identify these voices from a voice parade containing 20 distractors after either 10, 40, 100, or 130 minutes (experiment 1), or 10 minutes, one day, seven days, or 14 days (experiment 2). In experiment 1 delay had no overall effect, although further analysis revealed that the shortest delay did produce better performance than all other delay conditions. Further, high-recognition voices were better identified than low-recognition voices. In experiment 2 delay had an overall effect, with the shortest delay interval again being significantly better than all other conditions, which did not differ among themselves. High- and low-recognition voices, however, did not exhibit a statistically significant difference, although these two factors entered into a marginally significant interaction. Theoretical speculation and forensic implications were drawn.This research was funded by the British Home Office, research grant no. RES 741/1/1, although the views expressed are not necessarily those of the funding body.     

Egocentric bias in perceived fairness: Is it observed in Japan?

Experiment 1 was a Japanese replication of the studies reported by Messicket al. (1985) and Liebrandet al. (1986). Subjects were asked to write down fair or unfair behaviors that they or others did, giving as many examples as possible in 5 min. As in the previous studies, the subjects began more fair behaviors with the word I than with others. Likewise, they began more unfair behaviors with the word others than with I. In Experiment 2, 80 examples of behaviors (40 fair and 40 unfair) were selected randomly from the results of Experiment 1. The difference between the number of frequent behaviors sorted into the fair/I category and that sorted into the unfair/I category was greater than that between the number of behaviors sorted into the fair/others and that sorted to be unfair/others. Salient behaviors were more likely to be sorted into the category of unfair than into fair, and more likely to be sorted into others than I. On the whole, the egocentric bias of fairness was confirmed in Japan as well as in the Netherlands and the United States. However, in both experiments, gender differences were found; women, compared to men, recalled more others' behavior than their own and were likely to attribute fair and/or unfair behavior to others rather than to themselves.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

“Staatswirtschaftslehre”—A Component of “Staatswissenschaften” Today and Tomorrow

The paper starts from problems of reorganization of the Welfare State. The second paragraph contains definitions and materials. The third paragraph turns to the development of Staatswissenschaften, especially to cameralistic views, public choice and deregulation. The fourth section deals with present Staatswirtschaftslehre as a component of Staatswissenschaften. The fifth paragraph is focussed on deregulation and reorganization of the state.The paper demonstrates: Staatswissenschaften and Staatswirtschaftslehre will be important academic disciplines also tomorrow, though the State will be reorganized by privatization, non-government-organizations and rearrangements of private and public sector activities under the conditions of new technologies and open markets.     

Social justice and legal justice

The main aim of this paper is to challenge the validity of the distinction between legal justice and social justice. It is argued that what we usually call legal justice is either an application of the more fundamental notion of social justice to legal rules and decisions or is not a matter of justice at all. In other words, the only correct uses of the notion of legal justice are derivative from the notion of social justice and, hence, the alleged conflicts between criteria of social and legal justice result from the confusion about the proper relationship between these two concepts. Two views about the social justice/legal justice dichotomy are of particular importance and will provide the focus for the argument: this dichotomy is sometimes identified with a classical distinction between distributive and commutative justice and sometimes with the distinction between substantive and procedural justice.     

Passions out of place: Law,incommensurability and resistance

Conclusion This has been an account of how an incommensurability between peoples is integral to the creation of identity in modernity and of how law assumes its modern, ambivalent being through embodying and mediating that incommensurability. A concluding point can be made by relating all this to the large and revelatory concern nowadays with the construction of Occidental identity in exclusion. This construction involves that which is acceptable or within the identity being created in its difference to that which is unfit and excluded. Looked at in reverse, if the excluded were to re-enter, as it were, then the identity would disintegrate. All of which, so the story continues, is a somewhat figurative way of discerning processes that remain internal to the identity. There is no without because the supposedly excluded is a fantastic projection of what is within, although it is repressed there. This projection is, however, attached to actuality, as we have seen. In ascribing what is excluded to the colonized, peasants and other incommensurables, not only must their difference to what is within be fabricated and asserted but also their similarity to what is within must be denied. The resistances of the colonized, which have just been described, succeeded because of organizational efficacies and juridical assertions which were the putative preserve of the Occident. Such a sameness of what should be different may locate a remote recess in a globalized Occidental identity, including its law, from which it could be seen as partial and precarious.The most enjoyable part of producing this paper was the discussion of a draft at a seminar organised by the Department of Legal Studies, La Trobe University, in September 1994.     

Insanity,justification, and culpability toward a unifying schema

Insanity has long been viewed as an excuse rather than a justification: Insane people are acquitted not because they did nothing wrong, but because they are considered morally blameless for their wrongful conduct. A new substantive test based on justificatory rather than exculpatory principles—a quasisubjective justification (QSJ) test—is compared to Finkel's relative culpability test, and to two excuse oriented tests, ALI and IDRA, across seven cases. QSJ and Finkel's test both produced significant verdict differences, whereas ALI and IDRA verdicts were not significantly different. The QSJ effect, however, was observed only in cases judged low in justification, and thus did not play a determinative role across cases; other variables, such as perceived severity of the disorder and culpability for bringing about the disorder, to which only Finkel's test was sensitive, seem to have more explanatory power.     

Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.     

Political culture,xenophobia and the development of the violence of the radical right in the Federal Republic of Germany

Recently an increasing amount of violent racism has been directed at foreigners in Germany. Current theoretical explanations are deficient because they fail to recognize the historical role of the political culture. This paper argues that political elites are responsible for initiating rhetoric and policy that has created an environment where xenophobic and racist violence can flourish. Positive normalization is defined as a process for the neutralization of the violent Nazi past and the reconstruction of a German nationalist identity. Negative normalization is described as responsible for the decriminalization and trivialization of xenophobic and racist violence. It is argued that unless changes within the German political culture are taken into account, criminological perspectives on the current situation will inevitably be limited.     

Expanding coupled shock fronts of urban decay and criminal behavior: How U.S. cities are becoming “hollowed out”

This work attempts to formalize an emerging paradigm in criminology, examining the structural consequences of feedback between community physical decay and behavioral pathologies caused by the social disintegration resulting from that decay. Adaptation of a standard reaction/diffusion approach produces a model of radially expanding coupled traveling-wave shock fronts of interrelated contagious physical decay and criminal activity. The standard threshold theorem associated with the model equations suggests that currently advocated triage policies, which recommend the virtual abandonment of bad communities behind the expanding front, will fail spectacularly. The model suggests that, just as the hollowing-out process has a complex, synergistic and dynamic structure, so, too, must interventions be interactive and mutually reinforcing, adaptively, targeted at communities in all stages of the phenomenon.     

The thin line between legitimate and criminal enterprises: subsidy frauds in the European Community

This paper describes and analyses a large fraud against the financial interests of the European Community (EC). On the basis of this case and our interviews with officials in five EC countries, we highlight structural impediments to the control of such frauds, draw parallels with other research on organisational crime and suggest that the distinction between organised crime and white-collar crime be abandoned in favour of an enterprise model of crime. We conclude by pointing out that legal changes and strict controls alone cannot substantially reduce the huge potential for EC frauds, especially in view of the abolition of EC's internal borders in 1993. Antifraud policies must also address the underlying structural factors.     

Appeals to community and crime prevention

This paper considers the growing appeals to the idea of community in criminal justice policy and the involvement of actual communities in criminal justice initiatives. It draws on a completed two year research study of a number of community-based crime prevention initiatives in the South East of England. The paper considers the nature of community to which appeals are made in criminal justice discourse and policies, the contribution of community to the practices of social order and the nature of community representation and participation in crime prevention initiatives. It is argued that appeals to community in crime prevention, and crime control more generally, embody shifts in what constitutes the legitimate responsibilities of individuals, collectivities and the state. This has a number of implications, the first of which is a redrawing of the cost of policing and security services. Additionally, there is an associated shift in blame for failure. Finally, actual community involvement in crime control gives rise to new structures and forms of local governance that evoke key questions about the regulation of social relations, the nature of conflict resolution, citizenship, democracy and social justice.     

Rape and the Reasonable Man

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand (or expectation) by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones.     

European Editors of Economics Journals—A General Discussion

In a final inquiry at the end of the Conference on Editorial Policies the three editors, Bruno S. Frey (Kyklos), Manfred J. Holler (Homo oeconomicus), and Jürgen G. Backhaus (European Journal of Law and Economics), were asked to comment on their editorial policies. They answered by explaining the challenges they were or still are confronted with, which strategies they have already developed to go on and of course what they have learnt from the deliberations at this conference. In their statements they referred to their preceding paper presentations, and the contributions by Wolfgang Bergsdorf, who is the chief editor of Die Politische Meinung, and Peter Senn.     

“Does Contain” vs. “Does Not Contain”: Does it Matter which GMO Label is Used?

An analytical framework where heterogeneous consumers are imperfectly informed about product content is used to investigate the welfare effects of a public labeling system. Although a mandatory label that reads Does Contain or one that reads Does Not Contain genetically modified organisms (GMOs) provides information for both the labeled and the unlabeled goods, there is no reason why these labels should cause the same welfare effects. This paper shows that the two labels imply different distortions due to the associated cost of labeling. It is shown that the label Does Contain should be used if the ratio of consumers with a strong reluctance for consuming GMO goods to indifferent consumers is high, while the label Does Not Contain should be used if this ratio is low. Given the findings, the authors argue that current labeling differences in various countries need not be the result of protectionist trade regulations.     

Beyond labeling: The case of the mentally retarded

This paper provides a review of the sociological literature on the mentally retarded. It attempts to analyze the reasons why the mentally retarded have been so thoroughly de-valued in our society that even social scientists ignore them as an object of study. The literature that does exist is primarily confined to the mildly retarded and generally applies labeling theory to understand the processes by which individuals unable to succeed in institutions such as schools are diagnosed as retarded. Studies employing labeling theory either ignore the severely retarded or allow the medical model as the only appropriate framework for understanding these populations.The failure to include the severely retarded in the general analysis of the problems of the handicapped by labeling theorists indicates a deficiency in the theory rather than the group excluded. A more critical perspective on the handicapped is required which ties the analysis to the study of other surplus populations such as the poor, the illiterate and other disposessed groups. The treatment of the severely retarded provides a looking-glass into the way our society can so de-value a dependent population that its very survival can be questioned.A version of this paper was presented to the Southern Sociological Society Meetings, Memphis, Tennessee, 1982.     

Development and Validation of the Validity Indicator Profile

The Validity Indicator Profile (VIP; Frederick, 1997) is a two-alternative forced choice (2AFC) procedure intended to identify when the results of cognitive and neuropsychological testing may be invalid because of malingering or other problematic response styles. The test consists of 100 problems that assess nonverbal abstraction capacity and 78 word-definition problems. The VIP attempts to establish whether an individual's performance in an assessment battery should be considered representative of his or her true overall capacities (valid or invalid). Performances classified as valid are classified as compliant and reflect a high effort to respond correctly. Performances classified as invalid are subclassified as careless (low effort to respond correctly), irrelevant (low effort to respond incorrectly), or malingering (high effort to respond incorrectly). The VIP development sample included 944 nonclinical participants and 104 adults undergoing neuropsychological evaluation. The cross-validation sample consisted of 152 nonclinical participants, 61 brain-injured adults, 49 individuals considered to be at risk for malingering, and 100 randomly generated VIP protocols. The nonverbal subtest of the VIP demonstrated an overall classification rate of 79.8%, with 73.5% sensitivity and 85.7% specificity. The verbal subtest of the VIP demonstrated an overall classification rate of 75.5%, with 67.3% sensitivity and 83.1% specificity.Ross Crosby was at NCS Assessments, Minnetonka, Minnesota, during much of this project     

Contracts, Necessity and Ex Ante Optimality

In this paper I return to the issue of incentives to justify a narrowing of the applicability of a fair price rule to contracts of necessity. It is argued that such contracts should be viewed as part of a set of ex ante choices, one of which will minimize the costs of dealing with the risks associated with a period of temporary necessity. The Pareto optimality of a contract of necessity depends on whether the contract price would be seen by a potential victim of necessity as optimal ex ante, relative to her other choices with which to deal with the risk. It is shown that in the special case of a discrete choice set a fair price rule of law may not lead to efficient behavior on the part of both agents.     

“He's guilty!”: Investigator Bias in Judgments of Truth and Deception

Detecting deception is an inherently difficult task, but one that plays a critical role for law enforcement investigators in the interrogation room. In general, research has failed to indicate that performance in this domain is improved by training or prior experience. A signal detection framework is applied to the paradigm to better conceptualize the influence of these two factors. We found that although neither factor influenced discrimination accuracy, there was an effect on response bias such that training and prior experience appeared to increase the likelihood of responding deceit as opposed to truth. This investigator bias was observed both in a review of the literature and in this study of North American law enforcement investigators who took part in a forensically based deception-detection task. Possible theoretical mechanisms and practical implications of these findings are discussed.