Terrorists' planning of attacks: a simulated ‘red-team’ investigation into decision-making

Despite billions of dollars having been spent on counter-terrorism activities since the 9-11 terrorist attacks in the USA, there is almost no experimental research examining the methods terrorists use in planning attacks. To shed light on this 90 participants (N=43 with military training and N=47 without military training) took part in an exercise in which they took the role of a ‘red-team’ of terrorists planning to attack a major city. Fifteen individuals with counter-terrorism training took part as a ‘blue-team’ attempting to predict the actions of the red team. Participants were required to rank tasks in the order they would carry them out and results showed that they were consistent in their ordering. For example, they consistently ranked ‘identifying targets’ as the first step and ‘testing weapons’ as the last step. Prior military training did not influence the order that tasks were carried out in. Participants were then required to identify targets and there was a high degree of consistency in target selection preferences, particularly towards targets that were easy to access and where mass casualties would be likely. Findings are discussed in relation to using empirical evidence to prevent terrorist attacks.     

Do privacy laws affect the location decisions of internet firms? Evidence for privacy havens

This paper empirically studies the location decisions of internet firms when they face high legal standards of privacy protection. Many factors might influence them: technological spillovers, lower taxation, and so on. Internet firms can also arbitrate national differences and many of them actually locate their activity in order to escape from national laws they consider over-stringent. In the current stage of development of the internet—the so-called Web 2.0—the ease of access to personal data proved to be strategic input. So the more a jurisdiction makes collecting and using these data easy, the more attractive the country is, if all other things remain constant. One way for a firm to avoid such legal restrictions is to locate or to expand its business in less privacy protective countries. Our empirical results support this ‘no-privacy haven’ hypothesis. In particular, we highlight a new privacy paradox according to which the more stringent certain online privacy laws are, the more they induce firms to locate their business in less stringent countries, and finally the weaker actual privacy protection on the internet is.     

Mock jurors’ perceptions of a child witness: the impact of the presence and/or intervention of a registered intermediary during cross-examination

ABSTRACT

In recent years Registered Intermediaries (RIs) have been involved in facilitating communication in children's investigative interviews and trial proceedings. Their presence and interventions are generally deemed to have a positive impact on child engagement, but their impact on jury appraisal of evidence, during cross-examination is unclear. This study addressed this issue in a more ecologically valid context than that previously used. Adult mock juror participants (N?=?217) watched a video-recording of a mock cross-examination of a child witness in which a RI was present or absent, and in which RI type interventions were either included or omitted. The participants rated the quality of the cross-examination and the child's responses in relation to child credibility, child understanding, legal professional's behaviour, and trial progression. Findings indicated that RI presence or absence, and inclusion or omission of interventions had no effect on mock juror ratings. However, an interaction between these variables demonstrated that mock jurors rated trial progression towards a guilty verdict according to which court professional did, or did, not intervene. The findings also demonstrated that mock jurors based their assessment of trial progression towards a guilty verdict on the evidence presented, and that child understanding per se was irrelevant.     

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual’s communication and provide recommendations to practitioners for how to obtain the individual’s ‘best evidence’ during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults’ perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study 100 participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child’s behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a 13 year old child. The results showed the children’s behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child’s cross-examination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children’s testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.     

Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity

We provide a comparative overview of the process of implementation, harmonization and stabilization of public oversight systems for statutory auditors across the European Union (EU) after Directive 2006/43/EC. We build on institutional change theory to identify potential determinants as to why some countries still lag in this harmonization process. Oversight systems are a key institutional factor to guarantee the quality of financial information, essential to maintain investors’ confidence and deep and stable capital markets. Thus, the harmonization of these systems has long been an objective of the EU. Our analyses serve to identify, analyse and compare how EU countries have incorporated European-wide requirements into their national legal systems. Particularly, we study: (1) basic characteristics of the system and bodies for public oversight, (2) organizational structure, (3) financing (4) transparency, (5) supervisory, and (6) disciplinary mechanisms. We show that significant diversity still exists across systems and that both the incentives for institutional change and the distance between pre-existing systems and the Directive are important explanatory factors of the achieved level of harmonization.     

‘I'm a photographer,not a terrorist’: the use of photography to detect deception

When planning large-scale incidents or bombing campaigns, terrorists often conduct reconnaissance research to identify key targets. This may include taking photographs of potential target locations. Identifying an effective real-time method to distinguish between genuine photographers and those with more sinister intent may be beneficial for law enforcement and security agencies. Participants took photographs in a public place with a genuine intent (truth tellers) or sinister intent (liars). After taking these photographs, the participants were approached by an undercover interviewer (a mime artist) who asked them whether he could see the photographs. Later, the participants discussed their photographs in a formal interview. First, liars were less cooperative in their interaction with the undercover interviewer than truth tellers. Second, in the formal interview, liars mentioned some security features that appeared in the photographs more than truth tellers. The findings suggest that ‘using photographs to detect deception’ is a subject that could prove important to explore to benefit forensic and counter-terrorist practice.     

Mock jurors’ expectations regarding the psychological harm experienced by rape victims as a function of rape prototypicality

We examined mock jurors’ judgments in a rape case that was either prototypical (late-night assault by a stranger in a public place) or non-prototypical (daytime assault by an acquaintance in a private home). We also varied the psychological harm experienced by the victim as a result of the rape (mild anxiety or posttraumatic stress disorder (PTSD)). We hypothesized that participants’ expectations regarding the level of harm the victim is likely to experience would mediate the effect of harm level on ratings of the victim’s credibility, and this indirect effect would be contingent on the prototypicality of the case. In a pilot experiment we demonstrated that people expect prototypical rape cases to be more traumatic for victims than non-prototypical cases. In the main experiment, and as predicted, participants in the Prototypical condition expected the victim to develop PTSD more than mild anxiety, but Non-Prototypical condition participants expected the opposite. In addition, a level of harm that was consistent rather than inconsistent with their expectations led participants to rate the victim as more credible; they also rated her as less responsible for what happened, and they thought the defendant was more likely guilty and that he should be incarcerated for a longer period of time.     

The use of telepsychiatry within forensic practice: a literature review on the use of videolink – a ten-year follow-up

In the last decade, telepsychiatry – the use of telecommunications technologies to deliver psychiatric services from a distance – has been increasingly utilised in many areas of mental health care. Since the review by Khalifa and colleagues in 2007 the body of literature relevant to the forensic applications of telepsychiatry has grown substantially, albeit not by much in the United Kingdom. In the current review, we aim to provide an update summary of the literature published since 2007 to determine the effectiveness and feasibility of increasing telepsychiatry utilisation in forensic practice. The literature reviewed provides some encouraging evidence that telepsychiatry is a reliable, effective and highly acceptable method for delivering mental health care in forensic settings. There are also a number of papers that indicate the use of telepsychiatry may be cost effective for health providers in the longer term. Further research is required to consider the potential legal and ethical implications of using telepsychiatry in forensic settings.     

Effects of an Alibi Witness’s Relationship to the Defendant on Mock Jurors’ Judgments

Two studies tested the impact of an alibi witness’s relationship to a defendant on the perceived credibility of that witness. In the first study, 291 mock jurors estimated the frequency with which individuals would invent alibis, the frequency they themselves would do so, and the frequency of interpersonal contact among individuals of varying relationships. The degree of relationship between an alibi witness and a defendant remained a predictor of witness credibility when contact frequency was controlled. In the second study, 512 mock jurors were randomly assigned to case scenarios. Skepticism toward witnesses who are biologically or affinally related to a defendant was greater than skepticism toward a socially linked witness. Both studies supported predications from kinship theory and reciprocal altruism.     

The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

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‘Reasonable’ perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Abstract

This study sought to examine the state of police interviews with children in Norway set against the various models that have been developed in the United Kingdom. UK models attempt to accord with psychological principles that lead to effective interviewing and so, if appropriately followed, should enhance the elicitation of accurate material. Set against these principles of best practice, an analysis of 11 police interviews indicated that a number of insppropriate and ineffective strategies appear to be used in police interviews in Norway. These included a preponderance of closed questions, a large number of instructions, paraphrasing and not giving the child enough time to talk. Results suggest that the Norwegian system needs to be made more aware of the psychological vulnerabilities that can lead to suggestibility in children.     

The use of the M-Vac® wet-vacuum system as a method for DNA recovery

Collecting sufficient template DNA from a crime scene sample is often challenging, especially with low quantity samples such as touch DNA (tDNA). Traditional DNA collection methods such as double swabbing have limitations, in particular when used on certain substrates which can be found at crime scenes, thus a better collection method is advantageous. Here, the effectiveness of the M-Vac® Wet-Vacuum System is evaluated as a method for DNA recovery on tiles and bricks. It was found that the M-Vac® recovered 75% more DNA than double swabbing on bricks. However, double swabbing collected significantly more DNA than the M-Vac® on tiles. Additionally, it was found that cell-free DNA is lost in the filtration step of M-Vac® collection. In terms of peak height and number of true alleles detected, no significant difference was found between the DNA profiles obtained through M-Vac® collection versus double swabbing of tDNA depositions from 12 volunteers on bricks. The results demonstrate that the M-Vac® has potential for DNA collection from porous surfaces such as bricks, but that alterations to the filter apparatus would be beneficial to increase the amount of genetic material collected for subsequent DNA profiling. These results are anticipated to be a starting point to validate the M-Vac® as a DNA collection device, providing an alternative method when DNA is present on a difficult substrate, or if traditional DNA collection methods have failed.     

‘Welcome to the rape camp’: Sexual exploitation and the internet in cambodia

Abstract

Summary: This article reports a piece of original research into the links between the trafficking in women and children across the globe and how such trafficking practices have been facilitated by developments in technology and telecommunications. The connections between prostitution in the Mekong Sub-Region, pornography on the Internet, and sex tourism have also been researched, based on the experiences of women and children and the men who exploit them.     

Improving the Law for Animals: a Campaigning Lawyer’s Perspective

Liverpool Law Review - The protection which the law gives animals is based on a fundamentally different philosophy to that it gives people. With people, causing significant physical harm is nearly...     

Regulating internet platforms in the EU - The emergence of the ‘Level playing Field’

This paper analyses the European Union's regulatory policy on platforms. The first part of the paper looks at the how the EU formulates platform policy while the second analyses the proposed and existing laws that already cover them. The final part looks at the consequences of the level playing field as the guiding regulatory principle. The main argument is that EU regulatory intervention concerning platforms seeks to bring linear providers in line with platforms through the "level playing field" or, in other words, that the EU seeks to protect the incumbents and minimise disruption rather than enhance the value-creating potential of platforms.     

Assessing and managing risk for intimate partner violence: Police employees’ use of the Police Screening Tool for Violent Crimes in Scania

Relapse into intimate partner violence (IPV) can potentially be predicted and counter-measures applied. This study examines the predictive validity of a violence risk assessment tool: the Police Screening Tool for Violent Crimes (PST-VC) among a sample of 65 offenders. All PST-VC assessments regarding IPV that were conducted at the Scania police department in 2010 were included in the sample. Follow-up time was 16–28 months, and all reported incidents with the same victim and suspected offender were recorded. The PST-VC demonstrated limited effect in the ability to identify high-risk offenders and predict repeat victimization. Interventions against the offender and victim protective actions were more often recommended in high-risk cases but did not lower the number of IPV relapses. The study suggests that the PST-VC is not a promising instrument.     

Detecting the emergence of technologies and the evolution and co-development trajectories in science (DETECTS): a ‘burst’ analysis-based approach

This work aims to detect the emergence of science and technology fields and to characterise science and technology trajectories. It proposes a new data mining approach, called ‘DETECTS’, for the identification of those research and innovative activities whose intensity increases sharply compared to previous levels and to other developments. This approach also allows monitoring the extent to which field and topic-specific activities further accelerate, stabilise or abate, and the time it takes for such dynamics to unfold. By applying the ‘DETECTS’ methodology on data from scientific publications and patents, this work sheds light on: the structure, articulation and relevance of the most important scientific and technological developments occurred during the period 1990–2011; the extent to which new fields arise from the cross-fertilisation of different technologies; the way in which advancements in science relate to technological progress; and the areas where future developments are likely to occur in the short and medium term. Results further suggest, somewhat unexpectedly, that in some focal technology fields considered, the acceleration in the development of science seems to closely follow the acceleration in the development of technologies, and not vice versa.