Lawyers' Questioning: The Effect of Confusing Questions on Witness Confidence and Accuracy

The present study investigated the effect on witness confidence and accuracy of confusing questions often used by attorneys in court. Participants viewed a videotaped film and were individually questioned about the incident 1 week later. Half the participants were asked questions using six categories of confusing questions (negatives, double negatives, leading, multiple questions, complex syntax, and complex vocabulary); the remaining half were asked for the same information using simply phrased equivalents. Confusing questions reduced participant-witnesses' accuracy and suppressed confidence–accuracy relationships compared with the condition where simplified alternatives were asked. Witness performance was impaired by the fact that mock-witnesses rarely asked for a confusing question to be explained or qualified their answers. This experiment demonstrates the importance of ensuring that lawyers ask witnesses simple, clear, questions.     

Naturschutzrechtliche Vorgaben zur Verwendung gebietseigener Gehölze

Zusammenfassung  Die genetische Vielfalt ist oft übersehenes Schutzgut des Naturschutzrechts. Sie ist der Grund, warum zunehmend gefordert wird, Anpflanzungen nur mit gebietseigenem Pflanzmaterial durchzuführen. Rechtliche Probleme stellen sich hier an der Schnittstelle von Naturschutz- und Vergaberecht. Soll n?mlich bei der ?ffentlichen Auftragsvergabe zur Anpflanzung von Geh?lzen oder beim Einkauf von Pflanzmaterial nicht gegen vergaberechtliche Vorschriften versto?en werden, bedarf es hinreichender, im Naturschutzrecht verwurzelter Gründe, um ?ffentliche Ausschreibungen ausschlie?lich auf gebietseigenes Pflanzmaterial einzuengen. Diesen naturschutzrechtlichen Verpflichtungen geht der vorliegende Beitrag nach.     

The cognitive interview: A survey of its forensic effectiveness

Abstract

The cognitive interview has been shown to have the potential to enhance witness recall. Consequently, it has been adopted by all police forces in England and Wales. The present paper surveyed 96 police officers trained in the cognitive interview and 65 untrained police officers, using a questionnaire. Officers rated how frequently they used and how useful they found components of the cognitive interview. Trained officers were significantly more likely to use instructions to mentally reinstate context, use different orders, change perspectives and imagery. Amongst trained officers there was a consensus that some components of the cognitive interview were used more frequently and were believed to be more useful than others. Rated as most useful and most frequently used were establish rapport, report everything, encourage concentration, witness compatible questioning, and mental reinstatement of context. Rated as less useful and less frequently used were recall in different orders, imagery, change perspectives and transfer control. Further responses indicated that the cognitive interview was generally perceived to be a useful procedure that increases correct recall, although officers were still aware that incorrect information can also be generated. However, a major problem for many officers was that they do not have the time to conduct a full cognitive interview.     

The Roles of Women in Contemporary Political and Revolutionary Conflict: A Thematic Model

Global population-level patterns in female participation in contemporary political and revolutionary conflict remain largely unknown as systematic empirical research in the area is lacking. Accordingly, this study systematically documented the participation of a comprehensive sample of women involved in conflict around the world. A statistically derived model of female participation is proposed that consists of four thematic roles representing specific patterns of activity: active, representing fighting and leadership activities; caring, representing traditional feminine tasks; support, representing logistically based tasks, and; ideological, representing activities that propagate the ideology of the group. The contribution of the model to theory, research, and practice is considered.     

The Direct and Cross-Examination of Complainants and Defendants in Rape Trials: A Quantitative Analysis of Question Type

This paper is a post-hoc examination of the questioning used in six rape trials. Questions asked in the evidence-in-chief and cross-examination of six complainants and five defendants were coded into different categories. The categories comprised "open", "closed", "leading", "heavily-leading" and "yes/no" questions; questions that are known to increasingly constrain witness responses. Additionally, the frequency of "multiple questions", and questions with "negatives" and "double negatives" were recorded; questions that witnesses have difficulty understanding. Broadly speaking, results showed that questions in both evidence-in-chief and cross-examination were of a constraining nature and allowed witnesses little opportunity to provide complete accounts of alleged events, particularly during cross-examination. Multiple questions were frequent although negatives were comparatively rare, and double negatives did not occur. Similar forms of questioning were used for complainants as for defendants, although more questions were asked of complainants than defendants in cross-examination. The results are discussed in terms of the adverse influence of these questioning strategies on the completeness and accuracy of witnesses' responses, and the similarity in "combativeness" of lawyers in their examination of complainants and defendants.     

Sex offenders’ perceptions of the effectiveness and fairness of humanity,dominance, and displaying an understanding of cognitive distortions in police interviews: A vignette study

Abstract

Forty-three convicted sex offenders read each of four different offence vignettes that involved a man forcing a female victim into sex and the offender's subsequent police interview. The experimental manipulation involved giving participants each of four different scenarios concerning how the police interviewed the offender. These were interviews characterized by humanity, dominance, displaying an understanding of sex offenders’ cognitive distortions, or a neutral, control interview. Participants were required to rate the interviews on a variety of dimensions, such as the offender's likelihood of confessing, and the fairness of the interview. Where participants were told the man had been interviewed with humanity and compassion, they rated the offender as more likely to confess and rated the interview as fairer than the other conditions. In contrast, participants rated the offender interviewed with a dominant approach as less likely to confess, and for this procedure to be less fair than the other conditions. Displaying an understanding of sex offenders’ cognitive distortions appeared to have had no influence on perceived likelihood of confessions but was perceived to make the crime appear less serious.     

Risk assessment for intimate partner violence: how can the police assess risk?

ABSTRACT

The use of risk assessment tools by frontline police for intimate partner violence has the potential to make a difference to policing. In this paper, the key aspects of intimate partner violence risk assessment are outlined critically with a particular emphasis on how they can be used in practice. Two, evidence-based, exemplars are reviewed. These are the Ontario Domestic Abuse Risk Assessment (ODARA), an example of the actuarial approach, and the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER), an example of the structured professional judgement approach. In addition, the victim giving his or her own appraisal of risk is discussed. All three approaches have some validity when administered properly but practical factors reduce this validity. The content of the risk assessment tools are outlined and practical concerns such as training, time to administer, reliability, validity, and the overlap of intimate partner violence with other forms of offending are discussed. A balanced overview of the strengths, weaknesses and future potential of intimate partner violence risk assessment is provided.     

Police perceptions of ADHD in youth interviewees

Attention-deficit hyperactivity disorder (ADHD) in witness-victim/suspect interviews holds strong relevance for policing. Four purpose-written vignettes were used to test the extent to which ADHD interviewee behaviour impacts on the work of 46 experienced Australian detectives and their ability to identify ADHD as a likely diagnosis. Detectives reported frequently encountering ADHD-type interviewees in their work; perceiving such interviewees to be at a very significant risk of future contact with the criminal justice system; and perceiving ADHD-type behaviour to exert a highly significant impact on interviewing time efficiency as well as quality. Detectives gave highly significant ratings of ADHD as a likely explanation of vignettes describing ADHD-type behaviour for witness-victims as well as suspects. However, they could not identify ADHD as the most likely explanation over and above other possibilities. Implications are discussed in terms of a rationale for future research targeting police awareness and training needs in ADHD.     

Der Biodiversitätsschaden nach 21a des Bundesnaturschutzgesetzes

Zusammenfassung Im Mai 2007 wurde das Gesetzes zur Umsetzung der Richtlinie des Europ?ischen Parlaments und des Rates über die Umwelthaftung zur Vermeidung und Sanierung von Umweltsch?den verabschiedet, das seinerseits die Umwelt-Haftungsrichtlinie (UH-RL) in deutsches Recht umsetzt. Auf Grund von Art. 72 Abs. 3 S. 2 GG treten Gesetze auf dem Gebiet des Naturschutzes mit Ausnahme der abweichungsfesten Teile frühestens 6 Monate nach Verkündung in Kraft. Folglich sieht Art. 4 des Gesetzes vom 10. Mai 2007 vor, dass das Umweltschadensgesetz (USchadG) und die ?nderungen im Wasserhaushaltsgesetz und im Bundesnaturschutzgesetz zum 14. November 2007 in Kraft getreten sind.