Corrections: The state of the art

The failure of the correctional system to rehabilitate the criminal is discussed in terms of the controversy over external and internal issues that has inhibited the establishment of goals. External problems include: (1) the possibility that crime and the criminal serve a purpose in society, (2) the latent functions of correctional functions, and (3) the crime themes that pervade our society. Internal problems include: (1) the absence of a theoretical framework, (2) the lack of negative feedback, and (3) the inappropriate use of the medical model. If the correctional system fails to develop goals for rehabilitation and prevention of recidivism, then political pressures for a punitive justice will prevail.     

The art of the unsettlement

The best litigation lawyer, it is often said, is not the onewhose rapier-like wit demolishes the foe in court but the onewho knows how to negotiate. Having demonstrated that your clienthas the upper hand, why grind remorselessly through the mechanismsof the court when you can press your advantage home by sellingthe losing party a settlement agreement? There is so much to be said in favour of settlement. The losing     

The arc and the zip: Deleuze and lyotard on art

Lyotard and Deleuze made extensive use of modern art to mount a critique of representation as part of their attack on the enlightenment subject. Art breaks out of received rules, conventions, forms, and cliches and is an instance of ethical if not revolutionary activity. Lyotard first developed these ideas through the concept of the Figure, which Deleuze later adopted. Figure is the desire or force that transgresses and deforms the good form of mimetic representation. Using Cezanne and Francis Bacon as paradigmatic examples, they argue that art creates new feelings and desires (Lyotard) or intensities and sensations (Deleuze). For Deleuze this is the model of ethical behavior -- the creation of new, productive forms of life free from the negativity of judgment. While Lyotard and Deleuze started from a common point, Lyotard changed his position in his later work on the sublime. Rather than positing a subject of purely affirmative desire and ideally free of the limitations of judgment, he posited a subject seized by and limited by the law. The subject is by nature divided: always already seized by and hostage to an Other, an unrepresentable excess or remainder. He is under an obligation to recollect and respond to the Other by bearing witness to it. The sublime experience of seizure by the law is exemplified in the paintings of Barnett Newman. While Deleuze would have done with judgment, Lyotard can never have done with it.     

The art of law (and the law of art) is perpetual crisis

In this performance-based work, which essentially concerns the fable of ‘Khi + Ordo’, we obliquely—through visual-textual storytelling—focus on what we call ‘the agency of the artist-scholar’, deconstructing, inter alia, many of the rules and regulations associated with the art-academic industrial complex—i.e., the institutional dictates to produce commodifiable works, the enforced metrics associated with authorised forms of research and publication, and the often-inelegant and mostly unnecessary dance that the artist-scholar performs with ‘all of that’. The photo-essay is developed from the archive of the Out of India Collective (OOI), but in association with the Metropolitan Transmedia Authority (MTA), its successor collective. It draws upon documents associated with OOI experiments in transmedia undertaken across multiple submissions for residencies, exhibitions, and publications in both academia and the art world in the years 2017–2019, even as it focuses upon the fable of ‘Khi + Ordo’. ‘Ordo’ is a synonym (or metaphor) for totalitarian states and regimes—‘regimes’ being, in this case, those that rule art + law. ‘Law’ here infers, through its negation, the appearance of a higher law, one that is entered upon when one resists assimilation to the rules and regulations associated with police states—incipient or otherwise. We call that other law ‘works-based agency’, and the artist-scholar is beholden to it once s/he departs company with all such quotidian systems of abject hegemony. One crisis leads to another, so to speak, on multiple levels and all at once.

     

Equity,access, and outcomes: The status of the art

A rationale for including analyses of outcome in evaluation of the impact and equity of changes in health care policy for the poor is presented. We first discuss problems in defining equity in and access to health care. Equity in access to health care requires equality of access only to those services that are believed to be efficacious. Three cost-containment strategies (restrictions in eligibility, coinsurance, and capitation) are then examined, and their limitations are discussed. Finally, directions for future research focusing on outcomes are suggested. Rather than using access to care to assess outcome, outcome is viewed as the framework for assessing access and equity.     

The underworld of art

Although crime in the market for fine arts has a long historical pedigree, the explosive growth of the market, and the conversion of art (along with collectible goods of all sorts) into speculative assets, that began or at least accelerated in the mid 1970s, focused increasing attention on the phenomenon. At the same time the issue of protecting cultural patrimony became a subject of greater contention between source and market countries, while common law and civil code jurisdictions struggled over how to reconcile approaches to regulation and enforcement. This paper highlights these issues with specific reference to the market for high-end paintings although its lessons are germane to all subdivisions of the collectibles market. It attempts to elucidate the main criminogenic factors—speculative shifts in demand, fraudulent supply, and illegal activity by various intermediary institutions ranging from dealers to appraisers to auction houses, while highlighting the role of collectors, museums, and financial institutions both as victims and active participants. Despite enduring myths about “organized crime,” illegal operations in the art market are the work overwhelmingly of insiders who alone have the technical knowledge and circle of intimates necessary to link an illicit supply with a demand that can range from the strictly legitimate, the legal but dubious, and the explicitly criminal. The critical lesson is that stolen, forged or smuggled material makes its way through much the same circles of intermediaries and ends up for the most part in the same locations and the same hands as artwork of legal origin.     

The cognitive interview: A meta-analysis

Abstract

A meta-analysis was performed on the effects of the cognitive interview on correct and incorrect recall. The database comprised 42 studies with 55 individual comparisons involving nearly 2500 interviewees. A strong overall effect size was found for the increase of correctly recalled details with the cognitive interview compared to a control interview (d = 0.87). The overall effect size for the increase in incorrect details, although considerably smaller, was also significant toward the cognitive interview (d = 0.28). However, the accuracy rates (proportion of correct details relative to the total amount of details reported) were almost identical in both types of interview (85% for the cognitive interview and 82% for standard interviews, respectively). Taking methodological factors into consideration it was found that effect sizes for correct details were larger if staged events were used as the to-be-remembered episode (as compared to video films) and if the interviewees actively participated in the event. With regard to incorrect details effect sizes were larger for adults as compared to children. Furthermore, the enhanced version of the cognitive interview produced more errors than the original version.     

The regulation of cognitive enhancement devices: extending the medical model

This article presents a model for regulating cognitive enhancement devices (CEDs). Recently, it has become very easy for individuals to purchase devices which directly modulate brain function. For example, transcranial direct current stimulators are increasingly being produced and marketed online as devices for cognitive enhancement. Despite posing risks in a similar way to medical devices, devices that do not make any therapeutic claims do not have to meet anything more than basic product safety standards. We present the case for extending existing medical device legislation to cover CEDs. Medical devices and CEDs operate by the same or similar mechanisms and pose the same or similar risks. This fact coupled with the arbitrariness of the line between treatment and enhancement count in favour of regulating these devices in the same way. In arguing for this regulatory model, the paper highlights potential challenges to its implementation, and suggests solutions.     

The state of the art in privacy impact assessment

There is growing interest in Europe in privacy impact assessment (PIA). The UK introduced the first PIA methodology in Europe in 2007, and Ireland followed in 2010. PIAs provide a way to detect potential privacy problems, take precautions and build tailored safeguards before, not after, the organisation makes heavy investments in the development of a new technology, service or product. This paper presents some findings from the Privacy Impact Assessment Framework (PIAF) project and, in particular, the project's first deliverable, which analyses the similarities and differences between PIA methodologies in Australia, Canada, Hong Kong, Ireland, New Zealand, the United Kingdom and the United States, with a view to picking out the best elements which could be used in constructing an optimised PIA methodology for Europe. The project, which began in January 2011, is being undertaken for the European Commission's Directorate General Justice. The first deliverable was completed in September. The paper provides some background on privacy impact assessment, identifies some of its benefits and discusses elements that can be used in construction of a state-of-the-art PIA methodology.     

The art of regulation and the regulation of ART: the impact of regulation on research and clinical practice

How a society regulates Assisted Reproduction Technologies (ART) depends on cultural context. The challenge for the regulatory regime is to balance protection for patients and society with freedom for medico-scientific creativity. Neither an exclusively market-regulated nor a peer-regulated approach is realistic politically, or desirable socially, ethically and legally. Legitimate social issues that go beyond the exclusive expertise of doctors and scientists or market choice by patients need to be accommodated within the regulatory regime. Within this context, four key issues are discussed: the lack of a shared social ethic that helps the needs of the community to be balanced against those of its individual members; the negative impact of intrusive external regulation on scientists and doctors; the requirement for doctors and scientists to review their professional structures reflectively and critically if they are to be entrusted with peer-regulation; and the desirability of constructive dialogue between regulators and regulated rather than the use of coercion and criminal sanctions.     

Suggestibility and children with mild learning disabilities: The use of the cognitive interview

Abstract

The aims of this paper were firstly to identify any differences in the level of suggestibility between 20 7–9-year-old children with mild learning disabilities and 20 children with average academic ability using the Gudjonsson Suggestibility Scale 2 (GSS2) and, secondly, to note the impact of the cognitive interview on the response patterns of children with mild learning disabilities.

On the GSS2, average academic ability children recalled significantly more correct details than children with mild learning disabilities. There was no significant difference between the two groups of children on distortions, fabrications, total confabulations or on any of the four measures of suggestibility.

In the second part of the study, 38 children with mild learning disabilities watched a filmed event and then were interviewed using either a standard or a modified version of the cognitive interview. Following this, all participants were asked specific questions, some of which incorporated misleading information. One week later each participant was re-questioned. This time critical questions were included about the truth of the presuppositions introduced in the initial interview session. It was found that the cognitive interview elicited significantly more correct and incorrect details than a standard interview with no significant difference in fabrications. Use of the cognitive interview did not significantly affect susceptibility to subsequent misleading suggestions.     

Computerized lie detection: Advancing the state of the art

Several questions addressing human versus computerized lie detection have been answered as a result of technological advances in the computer field. User friendly software has enabled the polygraph examiner to make necessary test adjustments in “real time” clinical environments. Many of the issues surrounding test procedures and chart evaluation are resolved incorporating this proven technology. Particularly significant is the conversion of physiological responses of a binary system to that of a digital recording, eliminating the subjective errors associated with manual chart measurements usually found with the inexperienced examiner. Online acquisition of data utilizing the ability to make corrections in recording artifacts, along with the capability to perform the final exam analysis in record time are two major examples of computer advantages in the truth verification field.