Modeling the Influence of Investigator Bias on the Elicitation of True and False Confessions

The aim of this study was to model various social and cognitive processes believed to be associated with true and false confessions by exploring the link between investigative biases and what occurs in the interrogation room. Using the Russano et al. (Psychol Sci 16:481-486, 2005) paradigm, this study explored how perceptions of guilt influenced the frequency and type of interrogation tactics used, suspect's perceptions of the interrogation process, the likelihood of confession, and investigator's resulting perceptions of culpability. Results suggested that investigator bias led to the increased use of minimization tactics and thereby increased the likelihood of false confessions by innocent participants. In contrast, the manipulation of investigator bias had no direct or indirect influence on guilty participants. These findings confirm the important role of investigator bias and improve our understanding of the decision-making process associated with true and false confessions.     

Confessions of a Criminal Psychopath: an Analysis of the Robert Pickton Cell-Plant

Police interrogation methods have changed over time. While traditional techniques relied on violence and physical torture, modern techniques have shifted toward psychological coercion and manipulation. These techniques, most widely known as parts of The Reid Technique, have proven to be a powerful way to elicit confessions of guilt from suspected criminals. Authors of the Reid Technique claim that when applied correctly, their methods lead to significant increases in police confession rates. But, these techniques are not universally useful. In addition to eliciting false confessions, the Reid Technique has been less effective on psychopaths—who are self-centered, manipulative, and lack empathy. Psychopaths can be resistant to these methods, which rely on the interrogator’s ability to induce fear, anxiety, and feelings of remorse in the suspect. When confronted with a criminal psychopath, interrogators face unique challenges requiring a different approach to interrogation. To show this, we analyze the cell plant video of an undercover officer who obtained a serial murder confession from Robert Pickton by appealing to his narcissism. We conclude by offering a few additional strategies that can be used by investigators when interrogating psychopaths.     

iPLEDGE Allegiance to the Pill: Evaluation of Year 1 of a Birth Defect Prevention and Monitoring System

The United States Food and Drug Administration (FDA), in collaboration with pharmaceutical manufacturers, have recently implemented a heavily revised risk-management program for patients on isotretinoin (Accutane), a drug with known and pronounced teratogenic effects. This revised risk management plan places significant burdens on both providers and patients in the hopes of achieving its goal of reducing fetal exposure to isotretinoin. The main focus of this paper is to discuss the burdens of various aspects of the program in relationship to potential corresponding benefits. In particular, we evaluate the pregnancy rates of women on isotretinoin therapy compared with that of the general population and the rate changes based on the risk management programs. Additionally, we investigate whether the benefits of the program for women have increased as the benefits have risen. We devote special attention to the ethical implications of the intent of the program and to an analysis of the ethical justification of the restrictions placed on women of childbearing potential (WCP) as it compares to the risk-benefit relationship of using isotretinoin.     

Higher Capillary Electrophoresis Injection Settings as an Efficient Approach to Increase the Sensitivity of STR Typing

Abstract:  Evidentiary traces may contain low quantities of DNA, and regularly incomplete short tandem repeat (STR) profiles are obtained. In this study, higher capillary electrophoresis injection settings were used to efficiently improve incomplete STR profiles generated from low-level DNA samples under standard polymerase chain reaction (PCR) conditions. The method involves capillary electrophoresis with higher injection voltage and extended injection time. STR peak heights increased six-fold. Inherent to the analysis of low-level DNA samples, we observed stochastic amplification artifacts, mainly in the form of allele dropout and heterozygous peak imbalance. Increased stutter ratios and allele drop-in were rarely seen. Upon STR typing of 10:1 admixed samples, the profile of the major component did not become overloaded when using higher injection settings as was observed upon elevated cycling. Thereby an improved profile of the minor component was obtained. For low-level DNA casework samples, we adhere to independent replication of the PCR amplification and boosted capillary electrophoresis.     

Human but not social capital is better able to distinguish between offending trajectories in a sample of serious adolescent Hispanic offenders

PurposeBoth social and human capital have been identified as important and influential sources for success in many different life domains and research shows that investments in the two forms of capital is negatively associated with crime. Three limitations with prior research include the lack of investigation of the capital/crime relationship (1) among serious adolescent offenders, (2) in a longitudinal manner linking capital to offending over time, and (3) within Hispanic samples.MethodsThe current study uses data from the Pathways to Desistance, a longitudinal study of serious adolescent offenders followed for seven years from mid-adolescence to early adulthood, in order to investigate the extent to which social and human capital are able to distinguish between distinct offending trajectories over seven years.ResultsHuman but not social capital is relevant for distinguishing between offending trajectories, even after controlling for other risk factors, and the combined effect of human and social capital is even more pronounced.ConclusionsThe acquisition of social but especially human capital is preventive of crime among serious adolescent Hispanic offenders.     

"False confessions" and identification with the aggressor: another forensic misuse of a psychiatric concept

Some psychiatrists misuse theoretical concepts beyond their generally accepted dimensions in an attempt to support a conclusion favorable to a litigant or defendant. In the case presented, the concept of identification with the aggressor was used in an attempt to eliminate or minimize the effect of a confession and to buttress the claim that the confession itself was false. Quotations from the actual reports and testimony are used to reflect both this tactic and the context in which these issues were pursued, including a rather startling admission by the psychiatrist dealing with the thoroughness of his professional effort. A brief history of "identification with the aggressor" is presented, a history which contrasts with its application to rather routine police questioning. Similarly, skepticism is clearly merited when a psychitrist testifies as to truthfulness or falsity of a statement.     

You have the right not to have a hearing: an evaluation of the impact of fully advising civilly committed patients on their rights

There have long been calls for the reduction of coercion in treating civilly committed psychiatric patients. The present study assessed whether a minor procedural change intended to reduce the adversarial nature of the treatment process would have a positive impact. Results suggested that the change in procedure had a positive effect for the most direct outcome variables but results were more mixed for the indirect outcome variables. Nonetheless, overall indications were that the change of procedure affected patient outcome.     

Modernizing Medicaid eligibility criteria for children with significant disabilities: moving from a disabling to an enabling paradigm

Children with significant disabilities may qualify for Medicaid benefits, regardless of household income, if their state elects to offer the Tax Equity Fiscal Responsibility Act (TEFRA) option. However, a significant number of children with serious medical problems presently are being denied eligibility for, or terminated from, this Medicaid program. This Article describes the ways in which the existing health insurance system inadequately meets the needs of children with significant disabilities, recounts the history and development of the TEFRA Medicaid coverage option, and analyzes the eligibility criteria used by the various states. It proceeds to consider how disability should be legally defined in the health care context and proposes reforms to modernize the eligibility standards so that these benefits can be more effectively, efficiently, and fairly allocated. To accomplish this goal, the federal statute and regulation that define disability, as well as corresponding state laws, must be reformed so that the law can keep pace with advances in modern medical science, and people with disabilities are not, in effect, penalized for receiving currently accepted preventative care that maintains health but will never cure the underlying disease.     

刑民交叉案件中的既判力问题探析

随着我国经济往来活动的增多和刑民交叉案件的频繁发生,如何解决前一生效裁判对随后的另一性质诉讼的效力问题,成为司法实践中亟待解决的难题。应当利用既判力理论解决生效裁判对随后诉讼的效力问题。在刑事裁判对随后民事诉讼的效力方面,应当适用既判力理论中关于争点阻却的抗辩,并考虑到刑事与民事证明标准的不同,区别对待有罪裁判、无罪裁判以及证据不足、指控的罪名不能成立的无罪判决对随后民事诉讼的效力问题。关于民事裁判对随后刑事诉讼的效力问题,也应当利用既判力的理论,区别公诉和自诉的不同情况作出具体分析。     

Returning the not guilty by reason of insanity to the community: a new scale to determine readiness

The very difficult and very important decision on the readiness of an insanity acquittee for community treatment is often based on informal, invalidated criteria. A more standardized approach is needed. The bases for decisions can then be more clearly articulated and the adequacy of recommendations evaluated. This article describes the development of a scale designed to help guide decisions on readiness for community treatment.     

也论用拾得的信用卡在ATM机上取款的行为性质——与刘明祥教授商榷

ATM机内的现金由银行事实上占有,信用卡持卡人在法律上占有信用卡记载的现金,用拾得的信用卡在ATM机上取款的行为,不可能成立侵占罪;不能依照德国、日本刑法有关使用计算机诈骗罪的规定,解释我国刑法中的信用卡诈骗罪的构成要件;信用卡诈骗罪是诈骗罪的特殊类型,机器不能被骗;用拾得的信用卡在ATM机上取款的行为,不是成立信用卡诈骗罪,而是成立盗窃罪;此外,我国刑法没有必要增设使用计算机诈骗罪.     

Confusing injury findings in a suicidal gunshot fired to the chest from a carbine with a sawed-off barrel

The stellate bullet entrance wound is one of the facultative features of a contact shot. For the formation of a star-shaped wound two factors are of special importance: first, an extensive bony support underlying the skin in the entrance region, and second, a strong propellant charge of the cartridge fired. Contact shots to the precordial region usually do not cause stellate entrance wounds, even if high-powered rifle ammunition is used. In the reported case, an injury pattern was observed that was not in line with normal findings and seemed confusing at first. Following a suicidal gunshot to the chest from a sawed-off carbine 98a (cal. 8 x 57 Js), a 4.5 cm wide, gaping bullet entrance wound with radiating tears was found. Instead of the usual pocket, the anterior thoracic wall showed a fist-sized area of destruction with extensive undermining of the subcutis. Not far from the entrance hole, a rib fragment had become displaced retrogradely thus perforating the skin from the inside out. The unusual pattern of findings could be explained by the fact that the barrel had been sawed off: as a result of this manipulation, a considerable part of the propellant charge had been converted outside the barrel, i.e. in the initial section of the bullet path.     

临床并发症的归责与免责

在医疗事故技术鉴定和医疗损害赔偿案件审理过程中,医疗机构往往将损害后果的发生归因于难以避免的并发症,以此达到免责的目的.1987年颁布的<医疗事故处理办法>第3条曾规定,在诊疗护理过程中发生难以避免的并发症的情形不属于医疗事故.自2002年9月1日起实施的<医疗事故处理条例>对并发症是否属于医疗事故未做出明确规定.因此,临床医生对于并发症的发生是否应当免责产生了疑惑.那么,并发症是否应当属于免责事由呢?本文将就此问题进行初步的探讨.     

临床并发症的归责与免责

在医疗事故技术鉴定和医疗损害赔偿案件审理过程中 ,医疗机构往往将损害后果的发生归因于难以避免的并发症 ,以此达到免责的目的。 1987年颁布的《医疗事故处理办法》第 3条曾规定 ,在诊疗护理过程中发生难以避免的并发症的情形不属于医疗事故。自 2 0 0 2年 9月 1日起实施的《医疗事故处理条例》对并发症是否属于医疗事故未做出明确规定。因此 ,临床医生对于并发症的发生是否应当免责产生了疑惑。那么 ,并发症是否应当属于免责事由呢 ?本文将就此问题进行初步的探讨。一、并发症的概念作者在思考这一问题时 ,首先发现我国现行的法律法规和…     

The rights of people with an intellectual disability in The Netherlands: from restriction to development

The purpose of this article is to discuss whether the right to self-determination is the only and the best principle in health law for care providers to support their clients with an intellectual disability, or whether other principles such as the right to development, the right to good care and the right to protection might lead to a better protection of the rights of clients in this field of care. The right to self-determination is the central principle in the Dutch Psychiatric Hospitals (Compulsory Admissions) Act, which at times seems less than beneficial to the legal position of persons with an intellectual disability. The question is whether a new (alternative) legal framework, in which the focus shifts to the right to good care and the right to development, might improve the legal position of people with an intellectual disability.