Police interrogation practice in Slovenia

Interrogation techniques are well explored, but in Slovenia it has remained unknown what interrogation techniques are used and what the basic characteristics of suspect interrogations are. The Slovenian interrogation manual proposes some coercive interrogation techniques and neglects their weaknesses. The aim of the current study was to examine Slovenian police officers’ beliefs as to the basic characteristics of their interrogations and whether techniques proposed by the manual are used in practice to begin to provide some insight into what actually happens in such interrogations. A survey instrument was used to obtain self-report data from a sample of criminal investigators. From 86 completed questionnaires it was found that a typical interrogation of a suspect lasts around 90 minutes and is not recorded. Interviewers typically use three interrogation techniques namely (i) conducting interrogations in isolation; (ii) identifying contradictions in the suspect's story; and (iii) confronting the suspect with evidence. Findings suggest that some coercive interrogation techniques are used in practice (e.g. offering moral justifications, alluding to have evidence of guilt, good cop/bad cop routine, and minimization). The study is the first insight into the practices of Slovenian investigators when questioning suspects. Differences among general, white-collar and organized crime investigators are also discussed.     

Fitting stories into professional legal education—the missing ingredient

Abstract

THIS ARTICLE considers the absence of story‐telling from legal education in England and Wales. This important aspect of persuasion is quite thoroughly considered in the academic and professional legal literature of the USA and Australia, for example, but has received very little attention in England, specifically when one looks at professional legal education and training. Currently, the training programme for law graduates (who will qualify as barristers1) devotes considerable time to training in advocacy skills and often in case preparation as well but typically little or no time to the concept of story‐telling or story‐framing. These training programmes do not seek to inform our lawyers‐in‐waiting about the ways in which fact‐finders make decisions.

If one actively seeks information and learned comment on the topic of story‐telling, the legal trainer in England is forced to turn elsewhere, usually to the USA. Undoubtedly, research is ongoing in England on the topic of juror decision‐making but at present this tends to be the exclusive province of psychologists. This article will suggest that this topic is a vital missing ingredient in professional legal training in England and that space must be made for its inclusion in such training programmes. Consideration will be given to the most appropriate ways to facilitate this inclusion.

Life is not what one lived, but what one remembers and how one remembers it in order to recount it.2     

The Commonality Between Economics and Law

The development of law and economics is a success story in the expansion of economics into other social sciences since the 1960s. The success has been attributed to the fact that economics offers a powerful set of analytical tools with a forceful theory of human behavior. But if this is the only reason, then the move of economics into other social sciences such as political science and sociology should have been equally successful. This, however, has not been true, and the discrepancy calls for an explanation. The commonalities between economics and law in both subject matter and analytical approach provide a more convincing explanation; some of the difficulties faced by the legal economists can also be explained by an appreciation of the commonalites between economics and law.     

案件事实，还是叙事修辞?——崔英杰案的再认识

作为审判依据的案件事实并非纯然得自证据,而是一种在修辞中完成的故事。证据所能得出是零散的、片段化的事件,事实则是情节化、戏剧化的全景叙事,根据相同的证据和已经获得确认的事件,可以形成不同的事实文本和判决结果。崔英杰案提供了一个细致的实例,展示出解释、挑选等修辞手段在案件审理中形态和作用,以及最终的情节化、戏剧化的案件事实如何得来。更进一步,修辞并非仅仅是语言的装饰或者说服的手段,实际上修辞本身就是事实的建构,而不同的叙事文本背后又隐含着修辞者的立场抗衡。     

Minimizing culpability increases commission errors in a mock crime paradigm

Purpose. Empirical studies have demonstrated that feigning amnesia undermines memory for a mock crime. Not much is known about the effects of other culpability‐reducing strategies on memory. The present study investigated what strategies participants use when they are instructed to minimize culpability and if these strategies undermine memory to a similar extent as claiming amnesia. Methods. Participants performed a mock crime. Next, they were either instructed to minimize culpability for this mock crime in a simulated interrogation or asked to respond honestly. One week later, memory for the mock crime was tested. Results. None of the participants claimed amnesia when trying to minimize culpability. Conversely, all participants fabricated an alternative account of their role in the crime. Compared with responding honestly on both tests, fabricating an alternative story on the first test undermined memory for the mock crime in terms of commission errors. Correct recall was unaffected. It appeared that this effect was related to story length: the longer the fabricated story, the more the commission errors when telling the truth 1 week later. Conclusions. Fabricating an alternative story (i.e. lying) did not compromise correct recall, but induced more commission errors. The findings are discussed in terms of possible underlying mechanisms.     

Understanding incidental findings in the context of genetics and genomics.

Human genetic and genomic research can yield information that may be of clinical relevance to the individuals who participate as subjects of the research. It has been common practice among researchers to notify participants during the informed consent process that no individual results will be disclosed, "incidental" or otherwise. However, as genetic information obtained in research becomes orders of magnitude more voluminous, increasingly accessible online, and more informative, this precedent may no longer be appropriate. There is not yet consensus on the responsibilities of researchers to disclose individual research results to research participants. Empirical research suggests that participants want to know individual research results. On the other hand, the increased resolution and power afforded by new genomic analyses may lead to findings of statistical, but not necessarily clinical, significance. This paper addresses the issues to be considered in deciding whether and how to disclose "incidental" findings or other findings of clinical significance that arise in the course of human genomic and genetic research. What research results should be offered, and what should not be offered? For which research should individual results be offered to research participants, when should they be offered, how, and to whom?     

The Centrality of Theory in Modern Day Crime Prevention: Developments,Challenges, and Opportunities

Theory matters in crime prevention. Indeed, but this is hardly the full story. Crime prevention is oftentimes viewed as atheoretical—not grounded in the etiology of crime and offending. Reasons abound for this view, and the recent interest in an evidence-based approach to policy-making has been at the forefront. This article reviews the role that theory plays in modern day crime prevention, with a special focus on the three main crime prevention strategies: developmental, community, and situational. The review identifies a number of key challenges and opportunities for making theory more central to crime prevention. It suggests that the classification system employed in situational crime prevention has allowed for a more explicit connection between sound theory and prevention techniques, and may provide important lessons for developmental and community crime prevention.     

Verses Attributed to Bṛhaspati in the Sarvadarśanasaṃgraha: A Critical Appraisal

Sāya?a-Mādhava closed his exposition of the Cārvāka philosophy in his Sarva-dar?ana-sa?graha, Chap. 1 by quoting 11 and a half verses, the authorship of all of which was attributed to B?haspati, the eponymous founder of materialism in India. One of these verses is presumably taken from the Vi??upurā?a. However, it is not B?haspati but some demons, deluded by a Jain and a Buddhist monk, who say this. B?haspati does not appear at all in this Purā?a. Variant versions of the same story are found in other Purā?as but B?haspti is not invariably present in all of them. The origin of the story may be traced back to the Maitrāya?īya Upani?ad. Although B?haspati plays a leading part in that story, the background is quite different. By comparing all the versions found in the Purā?as and the subject matter of the epigrams attributed to B?haspati the paper proposes to show that the Vi??upurā?a story has nothing to do with the materialists, whether the Pre-Cārvākas or the Cārvākas; the Jains and the Buddhists are the target of attack. Sāya?a-mādhava, by placing these satirical epigrams either in their original or in altered forms, and attributing them to B?haspati, has mixed up the views of all sorts of nāstikas, particularly the Jains and the Buddhists, with the Cārvākas and thereby succeeded in deceiving several generations of readers and misleading even the best of scholars.     

Recognition by forensic facial approximation: case specific examples and empirical tests

The skeletal remains of one individual found near Adelaide in 1994, although not known at the time, were the first evidence of what was to be a serial killing reported to have resulted in the highest casualty list to date in Australia (12 victims). Since the usual methods of identification could not be used or were unsuccessful on these remains, facial approximations were produced and advertised over the 4-year period following their discovery, in an attempt to help to identify them. However, no identification was made. In 1999, the remains were reported to be identified by radiographic comparison. Approximately 3 months before this identification was made, another facial approximation was produced by the first author (CNS), but this face was never advertised in the media. Although rarely reported in the literature, this paper provides an example where facial approximation methods were not successful in a forensic scenario. The paper also reports on empirical tests of the facial approximation created by the first author to determine if this facial approximation might have been useful had it been advertised. The results provide further evidence that high resemblance of a facial approximation to the target individual does not indicate recognizability, as the facial approximation was poorly recognized even though it bore good resemblance to the target individual. The usefulness of facial approximation techniques is discussed within the context of this case and more broadly. Methods used to assess the accuracy of facial approximations are also discussed and further evaluated.     

Up and down the Zoning Scale

Zoning in this country has traditionally been a waiting game with the development proceess. Not knowing what specific property will be used for and not controlling the ball game suficiently to say what will be the use, land has been zoned in a “wait and see” classification. Some land has been overzoned for certain uses; other land has been left fairly open as to its potential use. Thus the system itself necessitates constant change in a property's classification as circumstances change. Many of these changes are made to accommodate a specific development proposal, so they are to the landowner's benefit. However, other rezonings result in a reduction in the landowner's potential for profit. It is this type of change—downzoning—that is the subject of this discussion.     

Restoring Responsibility: Promoting Justice, Therapy and Reform Through Direct Brain Interventions

Direct brain intervention based mental capacity restoration techniques—for instance, psycho-active drugs—are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person’s competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal contexts—i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has—in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership—and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities.     

Conditions for Guilt-Free Consumption in a Transnational Criminal Market

It has been widely opined in discussions around a number of transnational criminal markets that where a global economic supply and demand relationship exists, demand reduction by way of consumer education and ‘awareness-raising’ may be an effective intervention in reducing illicit trade. It seems an obvious and sensible suggestion on the face of it, but just how amenable are consumers to being educated away from purchasing illicitly obtained and trafficked goods, and what are the barriers that stand in the way of that process of demand reduction through awareness-raising? This paper approaches these questions by asking what are the conditions for guilt-free consumption in the international trade in illicit cultural objects. The paper identifies seven such conditions, and concludes that in this global market we are witnessing the playing out of a common social story in which a powerful group of market capitalists and end-consumers employs a range of sociologically developed linguistic and performative strategies to obfuscate or legitimise their exploitation of a group of less powerful victims. If that is the context for the so-called debate about illicit antiquities, crime-reduction strategies involving consumer education seem considerably more difficult to achieve than has been widely recognised in policy discussions on transnational crime.     

我国票据付款诉讼制度的研究

一旦因遗失、灭失等原因失去票据的时候,失票人就无法行使票据权利。为了使失票人免受这种利益损失,我国票据法规定了挂失止付、公示催告以及请求付款诉讼三种补救措施。其中,请求付款诉讼这一制度是从英美法体系中移植我国的。可是,目前该制度在我国并没有得到很好的普及,原因何在?它与挂失止付、公示催告制度之间的关系如何?等等,将以请求付款诉讼制度为中心展开各种讨论。     

Conflicts of Rights and Action-Guidingness

In this paper, we raise two points. First, any rights-based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define which right should prevail, but without considering non-rights-interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously.     

Amnesia and responsibility following brain concussion. A study of 70 patients

Hit- and run traffic accidents frequently occur because an intention to hide drunkenness. Later, the accused claims that he or she had amnesia due to concussion at the time of accident and what followed. In most cases, the question arises as to whether it is the truth or just a story to protect the defendant from punishment. To study this question, 70 patients (39 male, 31 female) were interrogated. They were asked about the duration of their amnesia and their ability to recall their own actions, or what they had been told. In 80% of the persons examined there was only a short period of amnesia (less than 30 min). Of 12 cases with a longer period of amnesia, 7 were also intoxicated from alcohol (one case had a concentration of 3.1%). In only one person suffering from concussion could it definitely be proved that the actions taking place long after the accident, were usually not comparable with evidence given in court.     

Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

Privacy,anonymity and liability: Will anonymous communicators have the last laugh?

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh.     

Automatic forensic face recognition from digital images.

Digital image evidence is now widely available from criminal investigations and surveillance operations, often captured by security and surveillance CCTV. This has resulted in a growing demand from law enforcement agencies for automatic person-recognition based on image data. In forensic science, a fundamental requirement for such automatic face recognition is to evaluate the weight that can justifiably be attached to this recognition evidence in a scientific framework. This paper describes a pilot study carried out by the Forensic Science Service (UK) which explores the use of digital facial images in forensic investigation. For the purpose of the experiment a specific software package was chosen (Image Metrics Optasia). The paper does not describe the techniques used by the software to reach its decision of probabilistic matches to facial images, but accepts the output of the software as though it were a 'black box'. In this way, the paper lays a foundation for how face recognition systems can be compared in a forensic framework. The aim of the paper is to explore how reliably and under what conditions digital facial images can be presented in evidence.     

Gender dynamics in youth gangs: A comparison of males' and females' accounts

Based on interviews with 58 gang members in St. Louis, this paper compares males' and females' perspectives on the gender dynamics in street gangs. Feminist scholars have long criticized traditional gang scholarship for its reliance on male gang members to gain information about young women. We suggest that it is useful to revisit what male gang members say about gender dynamics in youth gangs because these accounts provide insights into the normative features of these groups. Research has consistently shown that gangs are largely male-dominated in structure, status hierarchies, and activities. Research in other male-dominated settings—for instance, fraternities, athletics, and the military—has shown the importance of examining peer and organizational dynamics in shaping the treatment of women. We argue that insights into young men's accounts of gender provide important information for understanding more clearly the milieu in which young women in gangs must negotiate.     

Consensus on validation of forensic voice comparison

Since the 1960s, there have been calls for forensic voice comparison to be empirically validated under casework conditions. Since around 2000, there have been an increasing number of researchers and practitioners who conduct forensic-voice-comparison research and casework within the likelihood-ratio framework. In recent years, this community of researchers and practitioners has made substantial progress toward validation under casework conditions becoming a standard part of practice: Procedures for conducting validation have been developed, along with graphics and metrics for representing the results, and an increasing number of papers are being published that include empirical validation of forensic-voice-comparison systems under conditions reflecting casework conditions. An outstanding question, however, is: In the context of a case, given the results of an empirical validation of a forensic-voice-comparison system, how can one decide whether the system is good enough for its output to be used in court? This paper provides a statement of consensus developed in response to this question. Contributors included individuals who had knowledge and experience of validating forensic-voice-comparison systems in research and/or casework contexts, and individuals who had actually presented validation results to courts. They also included individuals who could bring a legal perspective on these matters, and individuals with knowledge and experience of validation in forensic science more broadly. We provide recommendations on what practitioners should do when conducting evaluations and validations, and what they should present to the court. Although our focus is explicitly on forensic voice comparison, we hope that this contribution will be of interest to an audience concerned with validation in forensic science more broadly. Although not written specifically for a legal audience, we hope that this contribution will still be of interest to lawyers.