Public Eyewitness Confidence Ratings Can Differ from Those Held Privately

Despite much research on eyewitness confidence, we know very little about whether confidence ratings given in public might differ from those held privately. This study tested a prediction derived from self-presentation theory that eyewitnesses will give lower confidence ratings in public when there is a possibility of their account being contradicted by other witnesses as compared to when they report their confidence in private. In groups of 3 or 4 people, 96 participants watched a videotape of a simulated robbery and then answered 16 forced-choice questions about details from the videotape. In half of the experimental sessions, the participants shared their answers and confidence ratings aloud with the other participants (public condition), and in the other half, the answers and ratings were not shared (private). As predicted, confidence ratings were significantly lower in the public condition than in the private condition, but the privacy manipulation had no effect on response accuracy. These results are consistent with a self-presentation explanation, and they highlight the need to examine public confidence ratings more thoroughly.     

Public Eyewitness Confidence Can Be Influenced by the Presence of Other Witnesses

Four experiments were conducted to examine whether witnesses' public confidence ratings differ from their private ratings when there are social pressures to use confidence as an impression-management tool. In all four experiments, participants answered questions about a source event (a series of faces in the first three experiments and a simulated crime scene in the fourth). Half of the responses and confidence ratings were given privately and anonymously, and half were given publicly in front of one or more mock jurors. Two central findings emerged from the results. First, public confidence differed from private confidence only when there was more than one witness; when there were no other witnesses, public and private confidence were the same. Second, the direction of the change in public confidence in the multiple-witness settings was influenced by whether or not there was a possibility of being contradicted by the other witnesses. When there was no chance that the participants' responses could be contradicted, they raised their confidence ratings in public; when there was a chance that the other witnesses might contradict them, the participants lowered their public confidence ratings. The results are discussed in terms of self-presentation theory and implications for the legal system.     

Disclosure of child sexual abuse: expressed emotions and credibility judgments of a child mock victim

Both lay persons and professionals believe that the emotions displayed by a child witness during disclosure of sexual abuse are a factor of importance when judging the child's credibility. Unfortunately, not all children display emotions according to expectations, leading to misjudgments, and possible miscarriage of justice. In the present study, we examined how lay people's credibility judgments were influenced by a child's displayed emotions during the disclosure of sexual abuse. Participants (n?=?119), viewed video recordings of a mock police interview of an 11-year-old child actor disclosing sexual abuse, displaying one of four emotional expressions (angry, sad, neutral, and positive). Results showed that participants were strongly influenced by the emotions displayed; in particular, the display of strong negative emotions (anger) or positive emotions during disclosure significantly reduced judged credibility. The credibility ratings predicted the participant? judgments of the defendant's guilt and the willingness to pass a guilty vote in a hypothetical trial.     

Legal incompetents' need for guardians in Florida

This study assesses the alleged need for guardians in Florida. A survey of the state's 74 public receiving facilities, community mental health centers, and clinics; 30 private receiving facilities; 11 Aging and Adult district offices; Developmental Services institutional and residential placements; and six state mental hospitals revealed that 11,147 persons in Florida reportedly need a legal guardian. The limitations, implications, and possible policy responses to this alleged need are discussed.     

Analysis of motivation in people with mild learning disabilities (mental handicap) who set fires

Abstract

Ten people with mild learning disabilities (mild mental handicap) who had all set rues and had been admitted to a hospital facility for people with challenging behaviours were interviewed about their perceptions of events, feelings and cognitions prior to and after setting fins. They were also asked to rate their excitement/upset in a series of fire-related situations. Results showed that people could identify reliably the events, feelings and cognitions prior to fire-setting but were less reliable at identifying consequences. Most commonly, people had felt angry prior to setting fires but it was also common to feel not listened to, sad or depressed. Multiple factors were relevant for most people. Some people identified the excitement of the rue as relevant and these people gave the highest ratings on the fire-related situations schedule and scored higher than controls on this schedule. Implications for treatment are discussed.     

Life strain, negative emotions, and delinquency: An empirical test of general strain theory in the People's Republic of China

Using a sample of 615 middle school and high school students from both rural and urban areas of the People's Republic of China, this study tests the central hypotheses concerning the mediating model in Agnew's general strain theory. The analyses focus on the intervening mechanisms of negative emotions such as anger, resentment, anxiety, and depression that connect exposure to interpersonal strain with delinquent outcomes, including both serious delinquency and minor offenses. The results show that anger mediates the effect of interpersonal strain on violence, resentment mediates the effect of interpersonal strain on nonviolent delinquency, and anxiety and depression have a mediating effect on the relationships between interpersonal strain and minor offenses. The findings are generally consistent with the results of earlier studies in the United States.     

A Self-Activation Hypothesis of Affective Reactions to Fair and Unfair Events: Evidence for Supraliminal and Subliminal Processes

Building and extending on justice theories and work on self-regulation, the current paper proposes a self-activation hypothesis of affective reactions to fair and unfair events, stating that in circumstances in which people’s selves are activated, stronger affective reactions to fair and unfair events are more likely, compared to circumstances in which people’s selves are not or less strongly activated. Findings of two experiments indeed show that simply activating the self (supraliminally or even subliminally) amplifies affective reactions to fair and unfair procedures (Experiment 1) and fair and unfair outcomes (Experiment 2). These findings thus reveal the important role of activation of the self for understanding fairness reactions. In the discussion, we note the relevance of our self-activation hypothesis for insights into different accounts formulated in the justice domain.     

Why criminal harms matter: Plato’s abiding insight in the Laws

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first—namely, Plato’s one-paragraph discussion in the Laws. Plato’s discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender’s desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public’s being intuitively angry at offenders for harm.

A mixed methods study of participant reaction to domestic violence research in Jordan

Research on domestic violence against women has increased considerably over the past few decades. Most participants in such studies find the exercise worthwhile and of greater benefit than emotional cost; however, systematic examination of participant reaction to research on violence is considerably lacking, especially in the Middle East region. This study begins to fill this gap by examining women's reactions to domestic violence research in Jordan and whether a personal history of violence is associated with unfavorable experiences. This sequential exploratory mixed methods study included 17 focus group discussions (FGD) with women in Amman followed by a survey conducted in reproductive health clinics throughout the country (pilot n = 30; survey n = 517). Open coding was used to identify the theme related to participant reaction in the FGD data. This construct was further examined by the subsequent survey that included dichotomous questions inquiring whether the respondent thought the study questions were important and whether they were angry or felt resentment as a result of the survey. One open-ended question on the survey provided additional qualitative data on the theme that was combined with the FGD data. Themes identified in the qualitative data pertained to expressions of gratitude and comments on the survey's value. Findings of this study indicate that Jordanian women's responses to the research process are similar to women currently represented by the extant literature in that a vast majority of its participants felt that the study was important (95%) and it did not evoke anger or resentment (96%). Many even found the study to be useful to them personally or to society. Among those who had a negative emotional reaction, most still found the research to be important. This study's findings highlight the safety and potential benefits of ethically conducted violence research.     

PRIVATIZING PUNISHMENT: TESTING THEORIES OF PUBLIC SUPPORT FOR PRIVATE PRISON AND IMMIGRATION DETENTION FACILITIES

The transfer of authority over the supervision of inmate populations from state and federal governments to private corporations is one of the most significant contemporary developments in the criminal justice system. Yet, the controversy surrounding the private prison industry has occurred in U.S. criminal justice policy circles without any understanding of the public's preferences toward these institutions. In this article, we test several theories that potentially explain opinions toward privatizing carceral institutions: the racial animus, business is better, conflict of interest, and problem‐escalation models. These models are tested with original data from the 2014 Cooperative Congressional Election Survey. The data show that opinions toward the privatization of carceral institutions do not neatly fall along partisan or ideological divisions but are explained by beliefs about racial resentment, corporate ethics, and the potential ability of private companies to provide services cheaper than the public sphere. The results hold important implications for how we understand the future of private carceral institutions in the United States.     

Legislative and educational alternatives to a judicial remedy for the transfer trauma dilemma

Transfer trauma is alleged to be an increase in morbidity and mortality in institutionally relocated chronically ill elderly. Efforts by the legal profession to persuade courts that transfer trauma should be a legally recognized phenomenon invoking judicial protections against transfer (the "transfer trauma argument") have been unproductive. In O'Bannon v. Town Court Nursing Center, Inc., the United States Supreme Court denied standing to elderly persons claiming a property interest in remaining in alleged substandard facilities. The Court rejected the argument that the possibility of transfer trauma constituted a deprivation of life or liberty that would have required due process protections of notice and hearing. Despite the Court's preclusion of transfer trauma litigation in a constitutional context and the general unwillingness of lower courts to recognize the phenomenon, attorneys continue to burden the judicial system with frivolous transfer trauma arguments. The unfruitful pursuit of a judicial remedy for the ethical and social problems that arise with relocation of the elderly continues, in part, because of a misguided belief that this distressing social phenomenon is best remedied by the courts. Judicial unwillingness to recognize the transfer trauma argument, however, does not preclude legislative consideration of the humanitarian issues concerning the institutional relocation of elderly persons. This Article examines gerontological research in order to understand the judicial rejection of the transfer trauma argument and argues in support of legislative and educational solutions for the ethical and social problems attending transfer.     

论“公有公共设施”之界定

公有公共设施设置或管理上的瑕疵导致的损害由国家承担赔偿责任已是学术界的共识。公有公共设施不仅包括国家所有的公共设施，也应包括私人所有而由公法人管理的公共设施。“特定目的使用”不能成为免除国家承担公有公共设施损害赔偿责任的理由。在建公有设施在一定条件下也应属于公有公共设施。公有公共设施应包括它的附属设备、设施。这种设施包括动产与不动产，特定条件下的自然物也应属于其范畴。     

Justice and emotional reactions to the disadvantaged

Various attitutidinal, cognitive, emotional, and actional reactions to problems and needs of less fortunate people (unemployed, poor people in the developing countries, foreign workers in West Germany) were assessed in a questionnaire study with 865 respondents. The external validity of self-report data was established by external ratings. The focus was on emotional reactions (existential guilt, sympathy, moral outrage because of unjust disadvantages, anger about the disadvantaged, contentment with one's own advantages, fear of losing these, hopelessness with respect to the fate of the less fortunate). Several justice-related variables (beliefs, views, appraisals) as well as responsibility-related variables and social attitudes were assessed as predictors of emotions. The importance of justice-related variables for the arousal of different social emotions was clearly shown. The use and usefulness of cognitive models of discrete emotions is discussed. The impact of emotions on the readiness to various forms of prosocial activities in favor of the less fortunate was also shown: Moral outrage and existential guilt proved to be much more salient predictors than sympathy. Crucial differences between these three prosocial emotions as well as the impact of justice-related variables on readiness to prosocial activities are discussed.     

Public sector primary care and Medicaid: trading accessibility for mainstreaming

Facilities operated by public and nonprofit agencies have become increasingly important sources of primary care for Medicaid patients. These facilities are particularly important sources of care in segregated, competitive urban areas, where they are more geographically accessible than many private physicians and expand the availability of care to Medicaid patients rather than substituting for care provided by private physicians. In rural areas, in contrast, the availability of care from public facilities appears to reduce the level of care Medicaid patients receive from private physicians in the counties where these facilities are located. These findings suggest that policymakers can expand urban Medicaid patients' access to care by spending on public care, but at the cost of increasing the segregation of Medicaid patients into a two-tier system of care.     

Private Versus Public Placements A study of recidivism among adjudicated juvenile offenders

The shift from public to private placements for juveniles offenders has become much more pronounced over the last several decades. Using longitudinal data drawn from a medium-sized Midwestern county, we examine whether private residential placements are more effective than public training schools in reducing recidivism levels. We define recidivism in terms of level of reoffending, seriousness of reoffending, and time to failure. We control for a variety of demographic and legal factors to reduce the possibility of spurious findings. Results show that private placements are no more effective than commitments to state-operated institutions in reducing recidivism levels. Additionally, the cost associated with committing juveniles to private facilities is substantially higher. We conclude by considering how our study informs current debate about the privatization of juvenile corrections.     

Communicated threats and violence toward public and private targets: discerning differences among those who stalk and attack

A computation of false positive and false negative rates concerning the probability that directly communicated written or oral threats predict subsequent violent behavior yields a striking difference between "public" and "private" targets. Among private targets, communicated threats appear to increase risk, but are so common that they have little predictive value. On the other hand, public targets are unlikely to receive a direct threat from those who approach to attack. The author suggests that the most parsimonious explanation for this difference is the type, or mode of violence, that is apparent. Private targets appear to be most likely victimized by affective violence, wherein the emotionally reactive subject will immediately shove, push, punch, slap, choke, fondle, or hair pull the victim without the use of a weapon, usually in response to a perceived rejection or humiliation. Public targets are most likely to be victimized by predatory violence, which is planned, purposeful, cognitively motivated, opportunistic rather than impulsive, and often involves a firearm. Implications for risk assessment are discussed.     

公法与私法的区分--哈耶克的进路

哈耶克关于公法与私法划分的理论独具特色.该理论以知识论、秩序论、规则论为理论基础,赋予了公法、私法以特定的含义,强调私法是公法的基础,批判私法的公法化,主张以公法实施私法.从中我们获益匪浅.     

An Assessment of How Facial Mimicry Can Change Facial Morphology: Implications for Identification

The assessment of facial mimicry is important in forensic anthropology; in addition, the application of modern 3D image acquisition systems may help for the analysis of facial surfaces. This study aimed at exposing a novel method for comparing 3D profiles in different facial expressions. Ten male adults, aged between 30 and 40 years, underwent acquisitions by stereophotogrammetry (VECTRA‐3D ^® ) with different expressions (neutral, happy, sad, angry, surprised). The acquisition of each individual was then superimposed on the neutral one according to nine landmarks, and the root mean square (RMS) value between the two expressions was calculated. The highest difference in comparison with the neutral standard was shown by the happy expression (RMS 4.11 mm), followed by the surprised (RMS 2.74 mm), sad (RMS 1.3 mm), and angry ones (RMS 1.21 mm). This pilot study shows that the 3D–3D superimposition may provide reliable results concerning facial alteration due to mimicry.     

The Effect of Gender in the Perception of Elder Physical Abuse in Court

Two experiments investigated mock jurors' perceptions of elder abuse (EA) in a physical assault case. In Experiment 1, participants read a fictional criminal trial summary of a physical assault case in which the alleged victim was 66, 76, or 86 years old. In Experiment 2, the age of the alleged victim was 76 years old, but the gender of the alleged victim and the gender of the defendant were crossed. The results of the experiments showed that women believed the alleged victim more and rendered a guilty verdict more often than men. Overall, the alleged victim was believed more than the defendant regardless of the age of the alleged victim, and most verdicts were guilty. These results are discussed in terms of the factors that affect perceptions of alleged victims of EA in court.     

道地药材地理标志保护模式研究

在传统知识的保护体系中,道地药材的传统知识特性与地理标志的集体化特征,使得私权保护范式的证明商标制度,于我国的道地药材地理标志保护,有着现实的不适应。肯定和重塑公法性质的保护制度是务实之选。我国的道地药材地理标志保护需要厘清公权与私权保护的界限,其中公权力机关的责任是确立道地药材标准并保障监管的有效性,私权利主体则需实现药材生产的集约化,并保证权利个体利益分享的公平。