Nation and its shadow: Quebec's non-French speakers and the courts

This article is a revised version of a paper given at the Critical Legal Conference, Glasgow, September 7, 1991. The author wishes to express her appreciation for discussions concerning the issues in this article, and comments on earlier drafts, to Tony Carty, William Lucy and Dylan Griffiths. Responsibility for the final result is nonetheless that of the author alone.     

Perceptions of repressed memories: A reappraisal

College students read a trial summary of a sexual abuse case. The victim in the case either claimed that (a) her memory for the abuse had been repressed for 20 years and only recently recovered during therapy, or (b) she consciously remembered the abuse for 20 years but never discussed it until recently in therapy. Participants were significantly more likely to convict the defendant when the testimony was described as nonrepressed (67%) versus repressed (58%). This effect was not modified by the age of the victim at the time the alleged abuse occurred (either 3, 8, or 13 years of age), although the younger and older victims were significantly less believable than the 8-year-old victim. Compared to female participants, male participants were significantly less likely to convict the defendant and rated the victim as significantly less believable. These findings are discussed in the context of recent research on juror reactions to repressed memory testimony.     

Exploring the forensic use of the emotional recognition test (ERT)

General "hypo-emotionality" has now become a broadly accepted concept as one of the conspicuous psychological characteristics of repetitive, violent offenders. Numerous psychophysiological studies have verified this premise. The current study sought to examine the applicability of the Emotional Recognition Test (ERT) in a sample of 85 Korean inmates in a maximum-security prison. Two additional criterion groups were included for comparison: normal controls and schizophrenic inpatients. Because the ERT consists of problem-solving items, it is relatively free from response biases and is more efficient than measuring physiological responses. Results indicated that all criterion groups scored significantly differently on the ERT total and subscale scores. Additionally, similar to the physiological emotion-specific findings, emotion-specific subscales of the ERT indicated that offenders had significantly more difficulty in recognizing negative emotional stimuli, particularly sadness.     

Court strikes out latest action in contaminated blood litigation

On 24 June 2003, the Federal Court of Canada--Trial Division struck out an action by three hemophiliacs infected with HIV through contaminated blood products. The case arose out of the destruction of records by members of Canadian Blood Committee (CBC) in 1989. The defendants were the government of Canada and three government of Canada employees who worked at the CBC in 1989 and were alleged to have been involved in the destruction of records.     

Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials

This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed.     

Privileged Exclusion in Post-Soviet Kazakhstan: Ethnic Return Migration,Citizenship, and the Politics of (Not) Belonging

This article explores issues of citizenship and belonging associated with post-Soviet Kazakhstan’s repatriation programme. Beginning in 1991, Kazakhstan financed the resettlement of over 944,000 diasporic Kazakhs from nearly a dozen countries, including Mongolia, and encouraged repatriates to become naturalised citizens. Using the concept of ‘privileged exclusion’, this article argues that repatriated Kazakhs from Mongolia belong due to their knowledge of Kazakh language and traditions yet, at the same time, do not belong due to their lack of linguistic fluency in Russian, the absence of a shared Soviet experience, and limited comfort with the ‘cosmopolitan’ lifestyle that characterises the new elite in this post-Soviet context.     

A response to Rynerson and Fishel (1993)

According to Rynerson and Fishel (1993), domestic violence is a widespread problem deserving research attention, specifically with regard to measuring treatment program outcomes that result in decreasing the incidence and prevalence of domestic violence. While we convey our respect for their exploration in a much needed area, we found a lack of connection between program effectiveness and the variables investigated: locus of control and relationship satisfaction. Moreover, there are several shortcomings with the sample and other methodological problems which weaken the validity of their findings.