Intoxicated eyewitnesses: prevalence and procedures according to England’s police officers

Despite the apparent role alcohol plays in criminal offences, there is at present no evidence available as to the extent of the problem of intoxicated witnesses within England. To address this lack of research, police officers from seven constabularies completed an online survey addressing issues such as the prevalence of intoxicated witnesses, how officers determine intoxication, the procedures employed and their effectiveness. Officers indicated that intoxicated witnesses were a common, to very common, occurrence with most officers determining intoxication through physical symptoms and the witness’s own admission. In terms of interviewing witnesses, the majority of officers indicated that initial details were taken whilst witnesses were intoxicated, but the evidential interview was taken when sober. Officers also indicated that if the witness was intoxicated then the case was less likely to proceed to court and that officers viewed the witness as less accurate. These findings are considered from a criminal justice perspective and discussed in relation to future research.     

An Application of Convergence Theory to Women's Drinking and Driving

Abstract

Convergence theory hypothesizes that as the social roles of the sexes equalize, there will be less differentiation in the social behavior of men and women. Fatal Accident Reporting Systems (FARS) data from 1982 through 1991 were utilized to investigate the convergence hypothesis regarding drinking and driving as a possible explanation for women's increased single vehicle crash deaths. Only driver fatalities were studied: N = 125,504 (17.6% female) with a subset, N = 42,129 (15.3% female) selected by quality of blood alcohol concentration (BAC) reporting for examining alcohol use. Drinking and driving for both sexes has decreased over the ten-year period. Convergence in drinking and driving behavior is not a viable explanation of women's increased traffic deaths. Women now are as likely as men to have a driver's license and women have also increased their annual mileage. Increased exposure to traffic death may provide a better explanation of women's increasing fatalities.     

Intoxicated eyewitnesses: Better than their reputation?

According to law enforcement, many witnesses are intoxicated either at the time of the crime, the interview, or both (Evans et al., Public Policy Law 15(3):194-221, 2009). However, no study to date has examined whether intoxicated witnesses' recall is different from sober witnesses' and whether they are more vulnerable to misinformation using an ecologically valid experimental design. Intoxicated, placebo, and sober witnesses observed a live, staged theft, overheard subsequent misinformation about the theft, and took part in an investigative interview. Participants generally believed they witnessed a real crime and experienced a real interview. Intoxicated witnesses were not different from placebo or sober witnesses in the number of accurate details, inaccurate details, or "don't know" answers reported. All the participants demonstrated a misinformation effect, but there were no differences between intoxication levels: Intoxicated participants were not more susceptible to misinformation than sober or placebo participants. Results are discussed in the light of their theoretical and applied relevance.     

Habermas,Feminism, and Law: Beyond Equality and Difference?*

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so‐called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so‐called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests.     

To object or not to object: The question of women judges in Egypt

Developing countries where women have not been permitted into the judiciary are excluded from feminist scholarship on women and the law. Such exclusion limits comparative views to a specific cultural‐historical domain. This paper explores the case of Egypt, where women have not entered the judiciary, in an attempt to extend the cross‐cultural discussion. A premise of the paper is that a theological vision of women's gender roles, which is qualitatively different from the prevailing one in the West, is a strong influencing factor on women's access to the judiciary in Egypt. After presenting a brief overview of women's status in Islam, this paper explores perspectives on women's role as judges within Islamic Shari'a. Building on the brief exploration of Islam's views regarding women's access to the judiciary, this paper then presents contemporary debates regarding women as judges in the Egyptian case. A recommendation for a more careful examination of the theological influences on the Egyptian debate regarding women's access to the judiciary concludes the paper.     

Now <Emphasis Type="Italic">Everyone</Emphasis> Looks the Same: Alcohol Intoxication Reduces the Own-Race Bias in Face Recognition

Several factors influence the reliability of eyewitness identification evidence. Typically, recognition for same-race faces is better than for different-race faces (the own-race bias), and alcohol intoxication decreases overall face recognition accuracy. This research investigated how alcohol intoxication influences the own-race bias. Asian and European participants completed tests of recognition memory for Asian and European faces when either mildly intoxicated (mean breath alcohol concentration of .05) or when sober. Compared to their sober counterparts, intoxicated participants showed a reduced own-race bias. Specifically, alcohol intoxication had a larger negative effect on the recognition of same-race faces compared to different-race faces. The legal and theoretical implications of these results are discussed.     

The Case of Fearful Women:

Women's reported level of fear of crime is three times higher than reported by men. Crime surveys though show that it is young men who are at greatest risk to violent victimisation. This paper explores this criminological conundrum of women's fear of crime. It proposes that the analysis and the construction of the concept 'fear of crime' fail to capture women's lived experiences of sexual and physical violence. It further examines the crime prevention advice to women and concludes that this advice is founded upon faulty assumptions about what types of situations pose the greatest danger to women's sexual and physical safety. Conventional criminology and its adherence to the view of violent crime as 'street crime,' the paper concludes, distorts and sensationalizes violence against women.     

Old and very old adults as witnesses: event memory and metamemory

Older people constitute an important category of eyewitnesses. Episodic memory performance in older persons is poorer than in younger adults, but little research has been made on older persons’ metacognitive judgments. Since more persons of advanced age will likely be called upon as witnesses in coming years, it is critical to characterize this population’s metacognitive abilities. We compared event memory metacognition in old adults (66-year-old, n = 74) to very old adults (87 or 90 years old, n = 55). Participants were tested on their memory of a film, using questions with two answer alternatives and the confidence in their answer. As expected, the very old group had a lower accuracy rate than the old group (d = 0.59). The very old group, however, monitored this impairment, since their over-/underconfidence and calibration did not differ from the old group but they displayed a poorer ability to separate correct from incorrect answers (discrimination ability). Possibly, the very old group was able to monitor the level of their over-/underconfidence because they applied general self-knowledge about their memory skills. In contrast, the discrimination of correct from incorrect answers may be more dependent on ability to attend to the features of each retrieved memory.     

Bridging the Gender Gap In Bill Sponsorship

Under what circumstances do men sponsor issues that are traditionally regarded as salient primarily to women? By examining the sponsorship of legislation in the upper and lower chambers of 15 state legislatures in 2001, we explored the conditions under which men are likely to focus attention on policy areas involving women's issues and children's issues. We found little effect of institutional context (such as party control of the legislature or diversity within the legislature) on the sponsorship behavior of either men or women. Personal characteristics such as race, education, age, and family circumstances are associated with sponsorship by men, but not by women. Committee service is also strongly associated with sponsorship behavior, particularly for men. Differences in sponsorship are relatively marked in the sponsorship of legislation that focuses on reproduction or other health issues particularly relevant to women. We conclude that the boundaries of the set of issues traditionally defined as “women's issues” may be changing over time and that it is important to recognize that the influences on the sponsorship of women's issues can be different for men than they are for women.     

Inconsistencies across repeated eyewitness interviews: supportive negative feedback can make witnesses change their memory reports

Past work shows that direct negative feedback and suggestive questioning can lead eyewitnesses to change their memory reports. Applying Gudjonsson’s [2003. The psychology of interrogations and confessions: A handbook. West Sussex: Wiley] model of interrogative suggestibility to interviews with witnesses, the present two experiments examined how indirect negative feedback delivered in a supportive manner from an interviewer can make witnesses change what they report they remember experiencing. After viewing a video of a crime, participants were interviewed twice, with either supportive negative feedback (i.e. with the interviewer sympathetically suggesting why many people’s memory may be inaccurate) or neutral feedback between the two rounds of questions. Results showed that people given supportive negative feedback changed significantly more of their responses than those given neutral feedback. Lower confidence ratings were associated with greater response change, but overall, despite having changed more responses, people given supportive negative feedback did not have reduced confidence or perceived accuracy. Type of feedback did not impact accuracy, and accuracy was not systematically related to confidence or perceived accuracy. Given the role that eyewitness reports play in the criminal justice system, better understanding factors that impact consistency and reliability is vital.     

Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

The Self-Administered Interview: a means of improving children's eyewitness performance?

Abstract

In order to obtain the most informative and correct statements, witnesses should be heard as soon as possible after the incident. However, this is not always possible. This experimental study investigated whether completing a Self-Administered Interview form (SAI) immediately after a critical event could enhance children's witness performance at a later stage. Children (N = 194, age 11–12) reported their memory of an event in a structured SAI, an open SAI, or did not report their memory (control). Two weeks later, the children were interviewed about the event. Before the interview, half of the children were subjected to social influence from a co-witness. Children's free recall of the event was enhanced by the SAI. More precisely, children in the SAI-Structured condition reported more details about the event than children in the SAI-Open condition and the control condition, without a loss of accuracy. The SAI manipulation did not, however, reduce children's vulnerability to social influence. The results suggest that the use of a SAI might prove a simple and yet effective way of increasing the quality of statements from child witnesses in some situations.     

Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective

Religious law is commonly understood as deeply conservative and unfriendly to women, even when it is reform oriented and “this‐worldly.” This essay challenges that understanding. It does so by engaging the practice and lived entailments of Islamic family law and gender pluralism in Malaysia, based on ethnographic fieldwork conducted since the late 1970s. My research reveals that sharia courts are more timely and flexible in responding to women's claims than in decades past, and that these courts are more inclined to punish husbands who transgress sharia family law bearing on women. In addition, women nowadays have far more access to resources for negotiating marriage, its dissolution, and the aftermath. This is not to say that women and men experience marriage, divorce, or the sharia juridical field as social equals; they do not. But this situation is changing in ways that benefit women as long as they embrace increasingly salient and restrictive codes of obedience and heteronormativity. More broadly, the essay problematizes tensions and oppositions between Islamic law and women's rights that are the subject of considerable scholarly debate and contributes to our understanding of the complex entanglements of religion and law.     

Rape-myth congruent beliefs in women resulting from exposure to violent pornography: effects of alcohol and sexual arousal

Previous research findings indicate that women suffer a variety of detrimental effects from exposure to violent pornography. This study used an experimental paradigm to examine the effects of a moderate alcohol dose and alcohol expectancies on women's acute reactions to a violent pornographic stimulus. A community sample of female social drinkers (N = 134) read an eroticized rape depiction after completing an alcohol administration protocol. As predicted, intoxicated participants were less likely to label the depicted events as rape than their sober counterparts. A path analytic model illustrated that participants' self-reported sexual arousal to the stimulus, as influenced by alcohol consumption and expectancies, resulted in increased rape myth congruent perceptions of the victim and decreased labeling of the incident as rape. Findings suggest that acute alcohol intoxication during violent pornography exposure may ultimately result in women developing more calloused attitudes toward rape and rape victims.     

Undermining Gender Equality: Female Attrition from Private Law Practice

The number of women in the legal profession has grown tremendously over the last 40 years, with women now representing about half of all law school graduates. Despite the decades‐long pipeline of women into the profession, women's representation among law firm partnerships remains dismally low. One key reason identified for women's minority presence among law firm partners is the high level of attrition of women associates from law firms. This high rate of female attrition undermines efforts to achieve gender equality in the legal profession. Using a survey of 1,270 law graduates, we employ piecewise constant exponential hazard regression models to explore gendered career paths from private law practice. Our analysis reveals that, for both men and women, the time leading up to partnership decisions sees many lawyers exit private practice, but women continue to leave private practice long after partnership decisions are made. Gender differences in leaving private practice also surface with reference to cohorts, areas of law, billable hours, firm sizes, and career gaps. Notably, working in criminal law augmented women's risk of leaving private practice, but not for men, while taking time away from practice for reasons other than parental leaves, hastens both men's and women's exits from private practice.     

Attributions of responsibility,blame and justifiability to a perpetrator and victim in an acquaintance rape scenario: the influence of Marijuana intoxication

Abstract

Marijuana is a commonly used illicit drug by young adults and has been implicated in about one third of sexual assaults. However, the influence of Marijuana intoxication on rape attributions has not been previously investigated. This study examined the effects of perpetrator and victim Marijuana intoxication and participant sex on rape attributions. Young adults (N = 285) read an acquaintance rape scenario where Marijuana intoxication was manipulated and completed measures of perpetrator (responsibility, blame and justifiability) and victim attributions (responsibility and blame). The results revealed that an intoxicated, compared to sober, perpetrator was attributed less responsibility for his sexual aggression. When the victim was intoxicated, compared to sober, the perpetrator and victim were attributed less and more blame for the assault, respectively. These findings demonstrate that, irrespective of perceiver sex, Marijuana intoxication, like alcohol intoxication, results in an attributional double standard in favour of the perpetrator.     

Drunk Person Screening using Eye Thermal Signatures

Temperature distribution on the eyes of drunk persons is studied by means of thermal infrared images. The sclera and the iris are of the same temperature for the sober person, while for the intoxicated person, the sclera temperature increases. Consequently, only the thermal images from the drunk persons are necessary for intoxication screening. Forty‐one participants drank in a controlled alcohol consumption procedure. Their breath alcohol concentration was above the threshold of 0.2 mg/L of exhaled air, which corresponds to about 0.5 mg of alcohol per cubic centimeter of blood. Histogram modification algorithms were employed to prove that for 36 among the 41 intoxicated persons, the sclera becomes hotter. The Student t‐test verified with over 99% confidence the drunk discrimination capabilities of the procedure. The forensic science potential contribution of the method is that face infrared imagery is available to the authorities for supporting intoxication in case of criminal actions.