An interdisciplinary collaborative model for developing psycholegal questions in court ordered child custody evaluations

When a child custody evaluation is ordered from the bench, it is common practice for a judge to include a request for psychological evaluation of the parents and their minor children. Occasionally, a judge will provide a list of questions to be assessed. It is often left to the examiner to draw inferences from the court order and pleadings about the precise scope and purpose of the evaluation. This article proposes a model for the interdisciplinary collaboration of judges, attorneys and evaluators prior to the writing of the court order in the formulation of specific psycholegal questions that reflect the concerns of the court as well as those of the attorney and their clients and which may be anchored in the behavioral science literature. Such a model best suits the court by providing information on specific, legally relevant areas useful to the trier of fact.     

Examination of the steps leading up to the physical developer process for developing fingerprints

This is a systematic study that examines several acid prewashes and water rinses on paper bearing latent prints before its treatment with a silver physical developer. Specimens or items processed with this method are usually pretreated with an acid wash to neutralize calcium carbonate from the paper before the treatment with a physical developer. Two different acids at varying concentrations were tested on fingerprints. Many different types of paper were examined in order to determine which acid prewash was the most beneficial. Various wash times as well as the addition of a water rinse step before the development were also examined. A pH study was included that monitored the acidity of the solution during the wash step. Scanning electron microscopy was used to verify surface calcium levels for the paper samples throughout the experiment. Malic acid at a concentration of 2.5% proved to be an ideal acid for most papers, providing good fingerprint development with minimal background development. Water rinses were deemed unnecessary before physical development.     

The court for sexual offences: perceptions of the professionals involved

This article evaluates the functioning of the Court for Sexual Offences in Bloemfontein, Free State, South Africa at the hand of the perceptions of those professionals most frequently involved with the Court. The findings suggest that professionals involved with this court tend to be positive in their appraisals of the sex-court system. However, the ability of the sex-court to remain objective and to reduce secondary victimization is called into question. Misconceptions with regard to the Court's current ability to contribute to the rehabilitation of offenders and the emotional recovery of the victims were exposed. The operational difficulties facing sex-court personnel are discussed and directions for future research are identified.     

New visual technologies in court: directions for research

Litigation is being transformed by new visual communication technologies, including videoconferencing, PowerPoint, and computer animations. Yet the effects of these visual technologies on legal decision making are largely unknown. In order to understand better the most pressing issues surrounding technology in the courtroom, psychologists, lawyers, and representatives from technology companies and funding agencies attended a Research Conference on Courtroom Technology organized by the Federal Judicial Center. The goals of the conference were to identify issues raised by courtroom uses of new technologies that could be illuminated by empirical research and to suggest designs and methods for conducting that research. This paper emerged from that conference. The authors provide an overview of considerations that should guide research in this area, including a framework that takes into account features of the technology, the audience, and the legal strategy of the user of the technology. They outline a paradigm for conducting such research, illustrate it with several possible empirical studies of varying levels of experimental and conceptual complexity, and identify directions for subsequent research.     

The court for sexual offences: perceptions of the perpetrators of sexual offences

This article explores the largely hereunto-ignored perceptions of the offenders within the specialist sex-courts in Bloemfontein, Free State, South Africa. Various factors potentially affecting such perceptions within this group of individuals are identified by way of theoretical orientation. Respondents were inclined to view the Court for Sexual Offences as biased in process and excessively punitive with regard to sentencing. The specialist sex-court was also perceived to be inefficient and slow. Female prosecutors were judged to be overly involved in cases to the extent that their objectivity was impaired. The need for additional research in various related areas is also explored.     

上诉审纠错功能的法律思考——以法院层级关系为分析视角

法院层级关系的类型直接决定了上诉审的功能定位,亦直接影响到了案件的上诉率及法院判决的权威。在科层制法院层级关系中,上诉审的纠错功能定位虽然具有一定的依据,但其亦存在无法克服的内在理论缺陷,会对司法实践造成巨大的负面影响。在协作制的法院层级关系中,由于各级法院只是权力分工不同,不存在高低之分,所以上诉审不具备纠错审的定位条件。上诉审功能的理想定位应当是通过吸纳当事人的不满而将相关争议控制在司法体系之内解决,从而在根本上维护司法系统的权威,法院对案件的再次审理不过是对原审判决进行验算而已。