People We Hire as Executioners: Who Are They? Who Are We?

Christopher Bennett has introduced a new inquiry into the capital punishment debate by looking at whether the role of executioner is one in which it is possible and proper to take pride. He argues that this will depend on the kind of justifications that an executioner can offer in defense of his role and takes as an example the English executioner Albert Pierrepoint as portrayed in the film Pierrepoint: The Last Hangman. Bennett claims that none of the justifications available to Pierrepoint are adequate, that his pride in his role was unjustified, and that this gives us reason to doubt those justifications for capital punishment. I am unpersuaded by Bennett’s arguments and give reasons for thinking that the role of executioner can under certain circumstances be an honorable vocation in which one may legitimately take pride.     

Creating the Perfect Human Race: How Far Will We Go for Designer Families?

Genetic modifications in humans is a fast‐advancing field of science, with very little legal regulation. Scientists recently have developed a technique, clustered regularly interspaced palindromic repeat (CRISPR), which will forever change this field. Before CRISPR, all methods were too expensive and time consuming to facilitate editing human genes. CRISPR is faster and cheaper, making it a very real possibility for all. Since the discovery of CRISPR, research on human embryos has begun, with a success rate showing that creating a genetically perfect family is very real. In 2015, all federal funding for human genome modifications was banned, leaving little federal control. This Note proposes a model statute that allows for research while providing restrictions to prevent harm.     

Will the Truth Come Out? The Effect of Deception,Age, Status,Coaching, and Social Skills on CBCA Scores

The impact of Veracity, Age, Status (witness or suspect), Coaching (informed or uninformed regarding CBCA), and Social Skills (social anxiety, social adroitness, and self-monitoring) on Criteria-Based Content Analysis scores was examined. Participants (aged 5–6, 10–11, 14–15, and undergraduates) participated in a rubbing the blackboard event. In a subsequent interview they told the truth or lied about the event. They were accused of having rubbed the blackboard themselves (suspect condition) or were thought to have witnessed the event (witness condition), and were or were not taught some CBCA criteria prior to the interview. CBCA scores discriminated between liars and truth tellers in children, adults, witnesses, and suspects. However, truth tellers obtained higher CBCA scores than liars only when the liars were uninformed about CBCA. CBCA scores were correlated with social skills. It is argued that these findings should caution those who believe that the validity of CBCA has been conclusively demonstrated.     

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.     

Strasbourg,the House of Lords or Elected Politicians: Who decides about rights after Re P?

In Re P , the House of Lords decided that art 14 of the Adoption (Northern Ireland) Order 1987 which prohibited unmarried couples from being eligible to adopt, violated articles 8 and 14 of the European Convention on Human Rights. Apart from its significance for adoption law and anti-discrimination law, Re P is also important in understanding the constitutional role of the courts under the Human Rights Act 1998 (HRA). Re P recognizes that if Strasbourg has determined that an issue falls within states' margin of appreciation, this does not prevent municipal courts from enforcing those rights. This comment will discuss the meaning and scope of the courts' obligation under section 2 of the HRA, the status of the rights protected by the HRA and the appropriate role of the courts in a rights dispute which is subject to moral, social, religious or political controversy.     

Revisiting Incapacitation: Can We Generate New Estimates?

A substantial body of empirical research examines how the huge expansion in incarceration in the United States since the early 1970s has influenced crime. These studies merge the effects of three conceptually distinct paths by which incarceration might reduce crime: general deterrence, specific deterrence and incapacitation. This issue of the Journal focuses specifically on the incapacitation path. This Introduction reviews the individual papers and offers the editors’ judgment as to the plausibility of progress using different research strategies. It emphasizes the potential for using individual level data to take advantage of natural experiments.

Banks and the Communities They Serve: Time to Legislate?

In March 2007 HM Treasury published its latest thoughts on Financial Inclusion (HM Treasury Financial inclusion: The way forward, 2007), highlighting that after 10 years of activity in this area there is still growing evidence that the market is not meeting everyone’s needs, with significant numbers of people not able to access basic financial services such as credit. This continues alongside media stories of further bank branch closures in some areas, branches for high income earners only in others and the continuing controversy surrounding charges. This article will, with reference to the UK government’s financial inclusion agenda assess whether the time has come to implement legislation mandating that UK credit institutions have regard to customers needs when making decisions that could affect those most at risk from restricted access to financial services. These needs can include both access to affordable credit and access to financial services, such as bank accounts. The paper will use as a comparator the much talked about United States Community Reinvestment Act, enacted in 1977 and since amended, hailed (Barr New York University Law Review 80:513, 2005) and criticised (Macey and Miller Virginia Law Review 78:291, 1993) in equal measures, designed to ensure that depository institutions meet the credit needs of the communities they serve, particularly low and moderate income areas. Although not designed to tackle the perceived problems identified by the UK government, would enactment of similar legislation do more to achieve these aims that the activities undertaken so far. The article proposes that one way in which to improve the fight against financial exclusion is to improve the disclosure requirements of financial institutions, forcing them, where necessary, to provide data on lending patterns in disadvantaged areas.

Detection of Malingered PTSD: An Overview of Clinical,Psychometric, and Physiological Assessment: Where Do We Stand?

ABSTRACT: Posttraumatic stress disorder (PTSD) is a condition that can be easily malingered for secondary gain. For this reason, it is important for physicians to understand the phenomenology of true PTSD and indicators that suggest an individual is malingering. This paper reviews the prevalence of PTSD for both the general population and for specific events, such as rape and terrorism, to familiarize evaluators with the frequency of its occurrence. The diagnostic criteria for PTSD, as well as potential ambiguities in the criteria, such as what constitutes an exposure to a traumatic event, are reviewed. Identified risk factors are reviewed as a potential way to help differentiate true cases of PTSD from malingered cases. The question of symptom overreporting as a feature of the disease versus a sign of malingering is discussed. We then examine how the clinician can use the clinical interview (e.g., SIRS, CAPS), psychometric testing, and the patient's physiological responses to detect malingering. Particular attention is paid to research on the MMPI and the subscales of infrequency (F), infrequency-psychopathology (Fp), and infrequency-posttraumatic stress disorder (Fptsd). Research and questions regarding the accuracy of self-report questionnaires, specifically the Mississippi Scale (MSS) and the Personality Assessment Inventory (PAI), are examined. Validity, usability, and cutoff values for other psychometric tests, checklists, and physiological tests are discussed. The review includes a case, which shows how an individual used symptom checklist information to malinger PTSD and the inconsistencies in his story that the evaluator detected. We conclude with a discussion regarding future diagnostic criteria and suggestions for research, including a systematic multifaceted approach to identify malingering.     

The Comparison Question Test: Does It Work and If So How?

In a mock crime study of the comparison question test (CQT), 35 subjects decided to participate as guilty and 30 as innocent. Two conditions were varied: Explaining the comparison questions in the pretest interview and re-discussing comparison questions between charts. Higher identification rates (approximately 90% for guilty and innocent participants) were achieved in groups with explanation of comparison questions than in groups without explanation. Re-discussing comparison questions had no effect on identification rates. Ratings of subjective stress due to relevant and comparison questions were also obtained and can be seen as indicators of the significance of the questions. The significance of comparison questions was hardly affected by the different testing conditions. When effects are detectable at all, they contradict theoretical expectations in their direction. Results are discussed in terms of the significance of comparison questions used in polygraph testing.     

Expert Reliability in Legal Proceedings: “Eeny,Meeny, Miny,Moe, With Which Expert Should We Go?”

Between Expert Reliability refers to the extent to which different experts examining identical evidence make the same observations and reach the same conclusions. Some areas of expert decision making have been shown to entail questions with relatively low Between Expert Reliability, but the disagreement between experts is not always communicated to the legal actors forming decisions on the basis of the expert evidence. In this paper, we discuss the issues of Between Expert Reliability in legal proceedings, using forensic age estimations as a case study. Across national as well international jurisdictions, there is large variation in which experts are hired to conduct age estimations as well as the methods they use. Simultaneously, age estimations can be fully decisive for outcomes e.g. in asylum law and criminal law. Using datasets obtained from the Swedish legal context, we identify that radiologists and odontologists examining knees or teeth images to estimate age seem to disagree within their own disciplines (radiologist 1 v. radiologist 2 or odontologist 1 v. odontologist 2) as well as across different disciplines (radiologist v. odontologist) relatively often. This may have large implications e.g. in cases where only one expert from the respective field is involved. The paper discusses appropriate ways for legal actors to deal with the possibility of lacking Between Expert Reliability. This is indeed a challenging task provided that legal actors are legal experts but not necessarily scientific experts.     

Green-Building and Renewable-Energy Insurance Claims: Where Are We Now?

What kind of insurance claims might arise out of clean-energy initiatives and the associated risks? This article examines these issues, including those associated with construction or conversion of so-called green buildings, e-waste, carbon sequestration, alternative fuels, and other environmental matters that continue to raise a host of novel issues. In addition to more traditional risks, e.g., changing and potentially contradictory energy-efficiency rules have become a litigation issue in Albuquerque and elsewhere. There are simple, practical ways to manage these various environmental risks and many insurance companies are responding with new coverage products. The elements and structure of these programs also provide insight into what kind of claims (and disputes) may arise.     

The Takeover Directive: Is a Little Regulation Better Than No Regulation?

This article examines Directive 2004/25/EC on Takeover Bids through a regulatory lens in order to determine its effectiveness as a regulatory mechanism. A central regulatory problem for European legislators is to determine the optimal balance between harmonisation and diversity, and the directive reflects the balance which was struck. The article questions whether the resulting 'light regulatory touch' may have jeopardised the existing efficient self-regulatory regime which operates in the UK (the largest European takeover market), while simultaneously undermining the directive's goal of facilitating takeovers and yielding a level playing field.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).