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1.
    
Abstract

Guideline judgements in English sentencing have been subjected to little scrutiny by non-lawyers. In this paper, the writers examine one guideline judgement, R v. Oliver and Others, which concerns the sentencing of offences involving indecent photographs and pseudo-photographs of children. Ten post-Oliver cases where a sentence was appealed are analysed and the results reported. The writers find the guideline's internal logic wanting, with shortcomings reflected in the patchy and non-obvious inferences made in appellate judgements of cases of the kind covered in Oliver. The writers propose flowcharting as a heuristic device in the development of guideline judgements, and possibly as a form of representation of judgements parallel to text-based formulations.  相似文献   

2.
    
Mr. Big is a Canadian undercover police technique used to elicit confessions. Undercover officers befriend the suspect, and gradually draw them into a fictitious criminal organization. Upon meeting the boss of the organization, ‘Mr. Big’, the suspect is pressured to confess. When evidence from the sting operation, including the confession, is presented later in court, it may induce juror moral prejudice towards a defendant. We evaluated how situational and dispositional sting factors (crime task severity, financial incentive, and defendant intelligence) influence mock juror moral prejudice and decision-making in Mr. Big cases. Results from Experiment 1 (N?=?270) showed fewer guilty verdicts in the high incentive conditions. In Experiment 2 (N?=?1,666), high incentive and low defendant intelligence were related to fewer guilty verdicts, more favorable ratings of defendant character, and more skeptical evaluations of confession evidence. Additionally, there were differences between community and student participants on multiple outcomes.  相似文献   

3.
A two-phased experiment tested the hypothesis that the presumption of guilt that underlies police interrogations activates a process of behavioral confirmation. In Phase I, 52 suspects guilty or innocent of a mock theft were questioned by 52 interrogators led to believe that most suspects were guilty or innocent. Interrogators armed with guilty as opposed to innocent expectations selected more guilt-presumptive questions, used more interrogation techniques, judged the suspect to be guilty, and exerted more pressure to get a confession—particularly when paired with innocent suspects. In Phase II, neutral observers listened to audiotapes of the suspect, interrogator, or both. They perceived suspects in the guilty expectations condition as more defensive—and as somewhat more guilty. Results indicate that a presumption of guilt sets in motion a process of behavioral confirmation by which expectations influence the interrogator's behavior, the suspect's behavior, and ultimately the judgments of neutral observers.  相似文献   

4.
    
Abstract

Jurors are often provided with confession evidence and must determine whether the confession was true, false, coerced, or voluntary. As more juveniles are tried in adult criminal court, jurors must increasingly make these determinations about minors’ statements. In this study, mock jurors read an actual interrogation of a child suspect that included confession evidence, and then provided judgments regarding the coerciveness of the interrogation, the child's and police's knowledge and behaviors, and guilt. Child age (11 versus 14 years) and gender were manipulated and examined in relation to participant gender and pre-existing sympathy levels for juvenile offenders. Factors external to the suspect – participant gender and sympathy for juvenile offenders – interacted with child suspect factors to influence perceptions of the child, the interrogation, and guilt. When multiple factors were considered, perceptions of suspect credibility and police fairness were the strongest predictors of guilt and perceived culpability. The findings have implications for decision-making in cases involving juvenile defendants and confession evidence.  相似文献   

5.
    
In this study all offenders admitted to Icelandic prisons over a one year period were approached and 229 (95%) agreed to co-operate with the study. Twenty-seven (12%) of the 229 subjects claimed to have in the past made a false confession during police interviewing. Women prisoners more commonly claimed to have made a false confession than males. The main motives given for having made the false confession were to protect somebody else (48%) and police pressure or escape from custody (52%). The great majority (78%) of the subjects had never retracted the confession, claiming that they had perceived no point in dong so. Twenty-one (78%) of the subjects were convicted of the offenses to which they had, allegedly, made a false confession. The findings in the present study raise the possibility that within an inquisitorial system false confessions may go relatively undetected by the judiciary and be rarely retracted or disputed.  相似文献   

6.
Abstract

When does sport initiation become sexual abuse? What can sport organisations do to ensure that the practice of sport is a safe and high quality experience for all? In this paper research on the initiation practices used by the military and North American universities and sport teams is used to explore links between such practices and physical and sexual abuse. In particular, the dynamics of peer abuse, consent and expressions of masculinity are examined. We question whether there can be acceptable initiation practices in sport (Hoover, 1999) and challenge the place of these ‘macho rituals’ (Weinstein et at, 1995) in sport. We make particular use of an expanded version of the continuum of sexual abuse (Brackenridge, 1997b) and of the sport imperatives identified by Kirby, Greaves and Hankivsky (2000). The paper concludes with recommendations for best practices in athlete-centred sport.  相似文献   

7.
    
Abstract

This article describes the case of a 25-year-old man (Mr J) who confessed during police interviewing to having set a series of fires whilst he worked as a voluntary fireman. His confession to the police had the hallmarks of a 'coerced-internalized' false confession. The case illustrates the process whereby such confessions can, in certain circumstances, occur quite easily with psychologically vulnerable individuals. Mr J's salient vulnerabilities were: his eagerness to please the investigating officers; firm trust in the police and great respect for them; lack of confidence in his memory of events; and high suggestibility. The author argues that special problems may arise in cases where the individual's role changes from that of a witness in an informal interview to that of a suspect.  相似文献   

8.
    
Confrontational interrogation techniques seek to produce a confession, while investigative interviews focus on information gathering and/or catching suspects in lies. Confessions obtained during interrogations are potent for securing a defendant’s conviction. However, the goal of investigative interviews is not to produce a confession, yet it is unknown if their outcome (e.g. exposed lies) is as effective in court as that of an interrogation (i.e. a confession). In two studies, mock jurors read case summaries wherein a defendant was accused of murder and terrorist activities. In both cases, the statement a defendant made during a police interview was manipulated: The defendant either lied or not and either confessed or not. Participants then rendered a verdict and were asked about the probative value of several pieces of supporting evidence. Results were similar across both studies with more convictions when the defendant lied, confessed, or did both relative to when the defendant produced a statement without lies and without a confession. Furthermore, we found that perceptions of supporting evidence mediated the effect of exposed lies on culpability, but this was not the case for confessions. These findings illustrate the positive qualities of presenting exposed lies in court, diminishing the need for a confession.  相似文献   

9.
    
In police interrogation, an explicit false claim to have evidence raises important legal and constitutional questions. Therefore, some interrogation manuals recommend implicit false-evidence ploys (FEP) that ask suspects about potential evidence without making a direct claim to possess the evidence. Similar to the hypotheses in a recent study of implicit FEP and confession rates, we hypothesized that individuals would perceive implicit FEP as less coercive and deceptive when compared to explicit FEP that involve direct claims of false evidence. Although mock jurors rated all FEP as highly deceptive and coercive and as more deceptive than controls, we found that participants did not view implicit and explicit FEP differently and that ploy specificity (implicit or explicit) failed to affect verdicts or recommended sentences. These findings suggest that although interrogation trainers and scholars in law and psychology discriminate between the methods, jurors do not.  相似文献   

10.
Empirical findings indicate that many adult sexual offenders experienced sexual abuse during childhood. It has been suggested that characteristics of offenders' sexual perpetrating behaviors may resemble their own victimization experiences, although there has been minimal empirical investigation in this area. The purpose of the present study was to provide preliminary data on the relationship between childhood sexual abuse and characteristics of sexual offending behavior. A sample of adult male sexual offenders with histories of sexual abuse completed the Sexual Victimization Survey as well as a measure on their sexual offenses. Such characteristics as the nature of sexual activities, duration and frequency of experiences, and age and relationship of participants were examined. Results showed trends in the hypothesized direction and revealed a variety of similarities between childhood sexual abuse and adult sexual perpetration. Findings of this exploratory study suggest the importance of addressing the nature of victimization in the treatment of sexually abused boys and offenders with histories of sexual abuse.  相似文献   

11.
《Justice Quarterly》2012,29(2):206-224
A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.  相似文献   

12.
讯问的心理实质是促使犯罪嫌疑人由拒供、谎供到真实供述的态度改变过程。影响犯罪嫌疑人态度改变的因素有认知性因素,情绪情感因素,情景因素,犯罪嫌疑人的人格特征。促使犯罪嫌疑人态度改变的心理策略有,正确利用恐惧唤醒,恰当使用单面或双面证据,合理利用首因与近因效应,有效组织不同层次的说服信息,建立与犯罪嫌疑人的可沟通的关系,设计讯问场所与营造讯问气氛。  相似文献   

13.
In a laboratory experiment, 72 participants who were guilty or innocent of a mock theft were apprehended for investigation. Motivated to avoid prosecution and trial, they were confronted by a neutral, sympathetic, or hostile male "detective" who sought a waiver of their Miranda rights. Later, 72 other participants watched videotapes of these sessions and answered questions about the detective and suspect. Strikingly, results showed that although the detective's demeanor had no effect, participants who were truly innocent were significantly more likely to sign a waiver than those who were guilty. Naively believing in the power of their innocence to set them free, most waived their rights even in the hostile detective condition, where the risk of interrogation was apparent. The conceptual and policy implications of these results are discussed.  相似文献   

14.
    
Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation. Hall and Hirschman's (1992) quadripartite model. This innovative model was originally presented as a theory of rape and later extended to explain the onset of child sexual abuse. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the quadripartite model in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.  相似文献   

15.
Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation, Marshall and Barbaree's (1990) integrated theory. This powerful model was developed as a general theory of sexual offending and used to explain the onset of child sexual abuse in addition to other forms of sexual deviance. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the integrated theory in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.  相似文献   

16.
    
Abstract

In recent years a number of multifactorial theories of child sexual abuse have been developed. The most influential are Finkelhor's (1984) Precondition Model of child sexual abuse; Hall and Hirschman's (1992) Quadripartite Model; and Marshall and Barbaree's Integrated Theory (1990). While all three of these important theories have a number of strengths, each has serious weaknesses that limit its ability to provide a satisfactory explanation of child sexual abuse. In this paper we attempt to integrate the best elements of the three theories into a comprehensive etiological theory, or at least the beginnings of such a theory. After outlining the concept of theory knitting we briefly summarise each of the multifactorial theories and their major strengths and weaknesses. We then develop a comprehensive theoretical framework (the Pathways Model) integrating both the overlapping and unique elements of these broad perspectives with some additional concepts derived from various psychological domains. In the final section of the paper we consider the adequacy of the Pathways Model.  相似文献   

17.
18.
    
This study examined the endorsement of cognitive distortions in child pornography offenders (CPOs), using an established assessment tool, the Abel and Becker Cognition Scale. The scale was expanded to include cognitions specific to child pornography offending, extracted from Howitt and Sheldon's Children and Sexual Activities Inventory (C&SA). Three samples of CPOs, child sex offenders and offenders with both offence types responded to the cognition items. An exploratory Principal Component Analysis suggested six main components of the scale. CPOs were significantly less likely to endorse these statements in general, and this was more pronounced on items that project blame onto the child or other people, describe a need for power and consider children as sexually active. The statements extracted from C&SA did not differentiate between the groups. These findings are discussed under consideration of the relationship between cognitive distortions and contact sex offending, and in reference to the general criticism concerning the definition and appropriate measurement of cognitive distortions.  相似文献   

19.
20.
A clinical sample of 165 women survivors in outpatient therapy was surveyed about whether their childhood sexual abuse (CSA) included each of 17 sexual acts. Factor analysis of these acts was conducted. A typology of CSA acts consisting of three factors emerged. Inspection of the acts loading on each factor suggested that they differed primarily in terms of the type of abuse of power implied by them rather than in the nature of the sexual behavior involved. The three factors were named Coerced Complicance (Coercion), Subjugation and Humiliation (Subjugation) and Invasive Objectification (Objectification). Implications for research, theory, and clinical practice, and the need for evaluating the generalizability of the typology to other subpopulations of survivors, are discussed.  相似文献   

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