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.     

A compass but not a road map: Diversity considerations with the AFCC Guidelines on Parenting Plan Evaluations

The 2022 Guidelines for Parenting Plan Evaluations in Family Law Cases were developed taking into account membership feedback which identified guidance around issues of Diversity Equity & Inclusion (DE&I) as a high priority. The current Guidelines have integrated issues of diversity in many areas of the document, by adding a section on guiding principles and values, expanding and clarifying evaluator education and training, and embedding cultural and diversity considerations in many sections of the document. The Guidelines do not provide more direct instruction or education on specific topics or aspects of culture and diversity.     

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.     

False positives and false negatives with a cocaine-specific field test and modification of test protocol to reduce false decision

The specificity of the Scott test, which is widely used in the field to detect cocaine, was investigated. Several drugs and medicines were applied to the test, and the conditions leading to false positives or false negatives were defined. The Scott test consists of three steps, each involving the addition of a certain reagent and observation of the color that consequently develops. In the first step, blue precipitates appear. In the second, these precipitates completely disappear. In the third step, blue appears again, but in the lower layer. It became clear that proper sample size is critical for correct decision, since too much heroin or dibucaine showed exactly the same color sequence as cocaine HCl and thus gave false positives, and too much cocaine HCl showed persisting precipitates in the second step, yielding a false negative. The appropriate sample size was 1mg or smaller. Freebase (crack) cocaine gave false negatives even when the sample size was appropriate, and it could not be distinguished from a newer substance of abuse, 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT, foxy). The authors developed a new protocol to distinguish crack from 5-MeO-DIPT.     

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.     

Incapacity of the Mind Secondary to Medication Misuse as a Not Criminally Responsible Defense

The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane. In this article, we describe the case of a 77‐year‐old man, suffering from Parkinson's disease, where the issue of criminal responsibility associated with incapacity of the mind secondary to medication misuse was raised. We elaborate on the thinking behind this opinion and the implications according to Canadian law. Although the legal outcome of this case is specific to our jurisdiction, the clinical implication may be common to any patient suffering from a similar condition and may inform physicians, families, and lawyers.     

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.     

Sudden Death Secondary to an Undiagnosed B‐Cell Lymphoma of the Hypopharynx and Infiltration of the Inferior Constrictor Muscle

The aim of this presentation was to share an uncommon form of sudden death, suffered by a 64‐year‐old woman, due to a mechanical obstruction of hypopharynx by an undiagnosed B‐cell lymphoma, infiltrating the inferior pharyngeal constrictor muscle. A forensic approach by means of scene investigation, circumstantial data collection, autopsy, and histological and toxicological investigations led to conclude that the cause of death was asphyxia, correlated with B‐cell lymphoma of the hypopharynx. The autopsy examination highlighted the presence of a wall thickening, infiltrating, and projecting into the hypopharynx lumen. The histological analysis showed the essential finding of a B‐cell lymphoma of the hypopharynx, diffusely infiltrating the inferior pharyngeal constrictor muscle. To conclude, this case demonstrates once more that in the absence of specific data, a thorough forensic investigation including autopsy, histological examination, and circumstantial data collection is mandatory to reach a correct cause of death.     

‘We are not asking you to hug each other,but we ask you to co-exist’:1 the Kosovo assembly and the politics of co-existence

This article examines the role of parliament in the promotion of co-existence in post-war Kosovo. The vast majority of Kosovans are ethnic Albanians who aspire to independence; Serbs constitute the largest minority and are opposed to independence so Kosovo's politics are deeply divided. It considers Kosovo's social divisions, the political consequences thereof and the institutional measures put in place by the United Nations to try and moderate the influence of the divisions in the legislative process. The principles and objectives underpinning the Assembly, including those derived from Yugoslav constitutional history, are explored via the problem of ‘constitutional nationalism’ and its consequences. The Assembly has a range of complex procedures that are designed to promote the protection of minority rights and encourage power-sharing between the various communities. The article examines their operation and effectiveness in a political context of deep mistrust and, as the events of March 2004 demonstrated, continued violence.     

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。     

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.     

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.