Does methodology matter in eyewitness identification research? The effect of live versus video exposure on eyewitness identification accuracy

The present study examined the effect of mode of target exposure (live versus video) on eyewitness identification accuracy. Adult participants (N=104) were exposed to a staged crime that they witnessed either live or on videotape. Participants were then asked to rate their stress and arousal levels prior to being presented with either a target-present or -absent simultaneous lineup. Across target-present and -absent lineups, mode of target exposure did not have a significant effect on identification accuracy. However, mode of target exposure was found to have a significant effect on stress and arousal levels. Participants who witnessed the crime live had higher levels of stress and arousal than those who were exposed to the videotaped crime. A higher level of arousal was significantly related to poorer identification accuracy for those in the video condition. For participants in the live condition however, stress and arousal had no effect on eyewitness identification accuracy. Implications of these findings in regards to the generalizability of laboratory-based research on eyewitness testimony to real-life crime are discussed.     

Does Co‐Regulation Strengthen EU Legitimacy?

Abstract:  Within the Better Regulation programme of the EU, co-regulation is promoted as an important strategy to improve the regulatory environment within Europe. It is assumed that co-regulation can enhance the legitimacy of EU governance in the field where this strategy is used. The purpose of this article is to assess the truth of this premise and to analyse whether co-regulation strengthens the legitimacy of EU governance. To this end, the criteria of input and output legitimacy are applied to the European social dialogue as a form of co-regulation in the EU policy area of social law. In this article, a link is made between the tendency to prescribe co-regulation as a specific regulatory strategy in EU legislative policy and the existing knowledge on the purposes and effects of co-regulation and the conditions under which co-regulation can function as a regulation strategy.     

Driving Priorities in Risk‐based Regulation: What's the Problem?

Both risk‐based and problem‐centred regulatory techniques emphasize giving priority to matters that are serious and important. In the case of both risks and problems, however, issues of identification, selection, and prioritization involve inescapably normative and political choices. It is important, therefore, to understand why regulators target the risks and problems that they do; which factors drive such choices; and how regulation is affected when these factors pull in similar or opposite directions. Such an understanding provides a fresh framework for thinking about the challenges of both risk‐based and problem‐centred regulation. The analysis presented here does not oppose either risk‐based or problem‐centred regulation, but it illustrates why neither is as straightforward as simple calls for ‘better regulation’ may suggest, and it proposes ways in which key aspects of those challenges may be addressed.     

Evaluating the Child Abuse and Neglect Institute: Does Training Affect Decision‐Making?

Traditionally, training evaluations have focused on participants' satisfaction and self‐reported knowledge gain. The current study uses a different approach to evaluate the Child Abuse and Neglect Institute (CANI), a training program designed to educate judicial officers on best practices in child abuse and neglect cases. CANI participants were asked to review a case scenario and render decisions about the case before and after the trainings. Findings suggest CANI has several positive impacts on judicial decision‐making, including an increased willingness to engage the father, an increased focus on the child, and increased motivation to comply with the Indian Child Welfare Act.     

On the transmission mechanisms in the finance–growth nexus in Southern African countries: Does institution matter?

Economic Change and Restructuring - Studies have continued to emerge on the transmission channels through which finance influences growth. It has been argued that more finance without efficient...     

‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?

People of non‐ideal‐weight (overweight or severely underweight) are subjected to discrimination, in the workplace and elsewhere, based on attitudinal assumptions and negative inferences from their membership of a group, such as that they are insufficiently self‐motivated to make good employees. But is that discrimination unlawful in the UK? The Equality Act 2010 offers only a very tenuous route for protection, because the Act is based largely on a ‘medical model’ of disability. EU law, which embraces a ‘social model’ of disability, drawing from the UN Convention on the Rights of Persons with Disabilities, offers more, at least in theory. But the mechanisms for enforcing individual EU law rights mean that entitlements in EU law are likely to be enforceable in practice only against state employers. This situation leaves a gap in the law which is remediable only by legislative reform.     

Does constructing a facial composite affect eyewitness memory? A research synthesis and meta-analysis

Journal of Experimental Criminology - We conducted a meta-analysis to assess whether the construction of facial composites affects witnesses’ lineup identification decisions. We located 23...     

Are jurors' perceptions of eyewitness credibility affected by the cognitive interview?

Abstract

Ninety-one college subjects listened to Cognitive Interviews (CI) and Standard police interviews of 7-year old children who were attempting to describe an earlier incident of playing a game of Simon Says. The subjects evaluated the witness's credibility and also the interviewer's manipulativeness. The perceived credibility of the witness was not affected by the type of interview, i.e., the CI did not render the witness unduly credible. In addition, the CI interviewer was judged to be less manipulative than the Standard police interviewer. These results were discussed in light of some potential legal concerns about using the CI.     

Reducing Homelessness or Re‐ordering the Deckchairs?

The Homelessness Reduction Act 2017 has come into force trumpeting nothing less than the need for a ‘culture change’ among local housing authorities implementing it. Although it aims to reduce homelessness, it is more likely to hide long‐term systemic issues in the housing system. It is argued that the 2017 Act's significant alterations are likely to result in a re‐ordering of the deckchairs on the Titanic of housing policy. Following a biography and critique of the homelessness legislation as being out of time and place, as well as a discussion of the 2017 Act itself, three central points are made: the 2017 Act has ushered in a form of neo‐liberal government of the homeless; the understanding of the household seeking assistance has fundamentally altered, from passive applicant to active citizen; the private rented market provides the sole mechanism for performing the duties but remains problematic.     

Open or closed meetings? Explaining nonstate actor involvement in the international climate change negotiations

When do states allow nonstate actors (NSAs) to observe negotiations at intergovernmental meetings? Previous studies have identified the need for states to close negotiations when the issues under discussion are sensitive. This paper argues that sensitivity alone cannot adequately explain the dynamic of closing down negotiations to observers. Questions that have received little attention in the literature include which issues are considered sensitive and how the decision is made to move the negotiations behind closed doors. This paper examines the practices of NSA involvement in climate diplomacy from three analytical perspectives: functional efficiency, political dynamics, and historical institutionalism. Based on interviews and UNFCCC documents, this paper suggests that to understand the issue of openness in negotiations, institutional factors and the politics of NSA involvement need to be better scrutinized. The paper shows that each perspective has particular advantages when analyzing different dimensions of the negotiations, with implications of how we understand the role of NSAs in global environmental governance.     

Philosophy in Law? A Legal‐Philosophical Inquiry

Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject‐matter of philosophy can also become part of the subject‐matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a particular political philosophy. This essay approaches “philosophy in law” from a functional rather than a legitimating perspective, and concludes against both Luhmann and Dworkin that the integration of philosophy in law is interstitial and limited. The consequence of this for law's validity and legitimacy is a likely increase in contestation and contestability. The essay concludes that by embracing pluralism as a philosophy, one can reduce and better manage contestability without ever becoming able to eliminate it.     

Can training improve eyewitness identification? The effect of internal feature focus on memory for faces

Evidence suggests that individuals rely on external features such as hair and face shape when processing and recognising unfamiliar faces. This is problematic in a forensic setting because hairstyle can be changed easily. In two studies we examined whether training individuals to focus more on the stable, internal features of the face (e.g. eyes, nose and mouth) and hence less on the changeable external features would improve identification accuracy. In Study 1, participants were instructed to focus on: (1) internal features, (2) external features, or (3) both internal and external features. Participants’ eye movements were monitored while they studied target faces, which they later tried to identify from an array that included the target with a changed appearance. In Study 2, participants were instructed to focus on: (1) internal features, (2) external features, or (3) given no instructions. Participants were required to identify target faces from line-ups, where they were presented either unchanged or with an altered hairstyle. Results suggested that training individuals to attend to internal features of unfamiliar faces may improve identification accuracy in the common situation where external features have changed between presentation and identification. However, internal feature focus may decrease identification accuracy when external features are unchanged.     

The problem with ‘dots’: questioning the role of rationality in the online environment

Regulatory theorists often use the ‘dot’ as a metaphor to help conceptualise their models of a given environment. Lessig famously used the ‘pathetic dot’ in his classic, ‘Code and Other Laws of Cyberspace’ and Murray’s ‘Regulation of Cyberspace’ used interconnected dots to help describe networked communitarianism and to discuss the effectiveness and implementation of symbiotic regulation. However in both models, the dot is seen as a rational actor. The rational ‘dot’ is presumed to have a complete set of preferences and the ability to gather all the necessary information in order to make an informed decision that optimally reflects their choices and preferences. However, research from psychology and, increasingly, economics has shown that humans are often prone to making errors in judgements. The paper argues that using the metaphor of dots to describe how rational actors behave in the digital environment is problematic. Actors deploy heuristics when making judgements, resulting in systematic errors and biases, often compromising the assumptions of the regulator. Accordingly, the way actors behave in the online environment is not rational at all; thus, models built on rationality start from a false premise.     

A Separate Peace? The Politics of Localized Law in the Post‐Revolutionary Era

Law is often seen as peripheral to Southern life before the Civil War, and the South as an outlier in the American legal history of that era. In The People and Their Peace (2009), Laura Edwards demonstrates the profoundly legal nature of Southern society and takes an important step toward integrating the legal history of the South with that of the nation. Edwards identifies two dueling legal cultures in North and South Carolina between 1787 and 1840—the law of local courts, which she terms localized law, and the state law of professionalized lawyers and reformers. She argues that white women, slaves, and the poor fared better in localized law—which was based on notions of popular sovereignty and the flexible rubric of restoring “the peace”—than in state courts, which were steeped in a national culture of individual rights that led to more restrictive results. This essay questions Edwards's dichotomy between local law and state law and her depiction of the popular content of localized law, while building on Edwards's innovations to suggest a new direction for Southern legal history.     

Does free recall moderate the effect of mental context reinstatement instructions on children's cued recall?

Cognitive Interview instructions increase children's recall of events; one important instruction is the mental reinstatement of context. We examined one factor that may affect mental context reinstatement: whether children had the opportunity to freely recall the event before answering cued recall questions. One hundred and fifty-two children aged 6, 9, or 11 years were interviewed twice about a staged event. The event consisted of an argument between two adults about whose turn it was to show the children a film. One week after the event, some of the children received mental context reinstatement instructions before having their cued recall tested. Some children also received a free recall test immediately before the cued recall test. In the second interview, 2 weeks after the first interview, all children freely recalled the event. The results showed no effects of mental context reinstatement instructions and no moderating effect of free recall on children's cued recall. The implications of these findings and directions for future research are discussed.