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College students read a trial summary of a sexual abuse case. The victim in the case either claimed that (a) her memory for the abuse had been repressed for 20 years and only recently recovered during therapy, or (b) she consciously remembered the abuse for 20 years but never discussed it until recently in therapy. Participants were significantly more likely to convict the defendant when the testimony was described as nonrepressed (67%) versus repressed (58%). This effect was not modified by the age of the victim at the time the alleged abuse occurred (either 3, 8, or 13 years of age), although the younger and older victims were significantly less believable than the 8-year-old victim. Compared to female participants, male participants were significantly less likely to convict the defendant and rated the victim as significantly less believable. These findings are discussed in the context of recent research on juror reactions to repressed memory testimony.  相似文献   

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We construct a simple model that tests for repressed inflation by estimating a “true” rate of inflation that explains behavior of observed money demand. We estimate the model using quarterly data for Czechoslovakia and Poland. Although our results should be viewed as preliminary, given the imperfect nature of our data, we do have strong evidence that, prior to 1991, there was considerable repressed inflation in Poland, while there was essentially no repressed inflation in Czechoslovakia.  相似文献   

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Abstract

The evolution of the cognitive interview (CI) is reviewed from the original package of memory-enhancing techniques through to the revised (or enhanced) CI, and the cognitive approach now taught to police officers in UK. Many officers are reluctant to apply CI, particularly to traumatised victims. The traumatising effects of crime are examined in terms of immediate response and the potential for an acute stress response and post-traumatic stress disorder, with subsequent re-experiencing of dissociated traumatic memories in the form of intrusive, unwanted imagery. Traumatic memories are described, particularly their accuracy, detail and persistence. The therapeutic potential of prolonged experience of distress while narrating the content of traumatic imagery is explained. An approach to maximising the disclosure of dissociated detail - spaced cognitive interviewing (SCI) - is described and case material presented illustrating its forensic and therapeutic application. The practice and practical implications of SCI are summarised.  相似文献   

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Purpose . (1) To investigate the effects of emotional arousal and weapon presence on the completeness and accuracy of police officers' memories; and (2) to better simulate the experience of witnessing a shooting and providing testimony. Methods . A firearms training simulator was used to present 70 experienced police officers with either a shooting or a domestic dispute scenario containing no weapons. Arousal was measured using both self‐report and physiological indices. Recall for event details was tested after a 10‐minute delay using a structured interview. Identification accuracy was assessed with a photographic line‐up. Results . Self‐report measures confirmed that the shooting induced greater arousal than did the other scenario. Overall, officers' memories for the event were less complete, but more accurate, when they had witnessed the shooting. The recall and line‐up data did not support a weapon focus effect. Conclusions . Police officers' recall performance can be affected both qualitatively and quantitatively by witnessing an arousing event such as a shooting.  相似文献   

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Recent research on recovered memories of childhood sexual abuse has shown that there are at least two types of recovered memory experiences: those that are gradually recovered within the context of suggestive therapy and those that are spontaneously recovered, without extensive prompting or explicit attempts to reconstruct the past. By focusing on well‐known imperfections of human memory, we were able to find differing origins for these recovered memory experiences, with people recovering memories through suggestive therapy being more prone to forming false memories, and with people reporting spontaneously recovered memories being more prone to forgetting prior incidences of remembering. Moreover, the two types of recovered memory reports are associated with differences in corroborative evidence, suggesting that memories recovered spontaneously, outside of suggestive therapy, are more likely to correspond to genuine abuse events. In this paper, we summarize recent research on recovered memories and we argue that these scientific findings should be applied in the justice system, but also in clinical practice.  相似文献   

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We tested the hypothesis that beliefs in the purported attributes of recovered memories of child sexual abuse (CSA) are associated with knowledge of the "recovered/false memory debate", and that such beliefs will be related to assessments of the credibility of statements made by participants in a vignette about CSA. Participants from five countries (the United States, Canada, New Zealand, the United Kingdom and Israel) responded to a questionnaire regarding beliefs about recovered memory as well as self-reported exposure to and knowledge of the debate. In addition, they assessed the credibility of statements made by a daughter (reporting recovery of memories of sexual abuse by her father), her father (denying the allegation and accusing the daughter's therapist of implanting in her false "memories" of abuse), and two experts (each supporting one of the two protagonists). We found that prior knowledge of the debate across countries was linked to beliefs in specific attributes of recovered memories and to a subset of the credibility assessments of statements made by the protagonists and their experts. For individuals, however, credibility assessments were unrelated to knowledge of the debate, but they were related to beliefs about memory recovery. Finally, credibility of the protagonists' statements was differentially associated with those made by the daughter's and the father's experts. The results suggest that whereas familiarity with the debate does not affect the credibility of the statements made by the complainant and the accused, expert testimony does, as has been found in prior research. The psycholegal implications of this conclusion are discussed.  相似文献   

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民事主体在不同的发展阶段表现出其个性化的价值特点,对这些个性化的价值进行分析可以找出民事主体整体的价值定位。民事主体除了对社会和个人的价值之外,还应注意到它作为一种制度在整个民法体例构建中所起的作用,即民事主体的体系价值。  相似文献   

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对附随义务的界定   总被引:1,自引:0,他引:1  
附随义务的本质不在于是否由法律规定或合同约定,而在于它是诚实信用原则的派生和发展。  相似文献   

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冯茜 《金陵法律评论》2005,(4):133-137,143
运用叙事学理论和复调小说理论,对霍桑<红字>的矛盾性进行分析,可以发现这部作品存在多种声音的叙述:第一,叙述者的声音;第二,隐含作者的"声音";第三,小说中海丝特·白兰、丁梅斯代尔、齐灵窝斯三位主人公声音的在场.由于多种声音的出现,读者在解读作品时能真切体会到作者的思想及<红字>中存在的矛盾性.  相似文献   

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宋代咏物词的发展可分为承袭期、反正期、高涨期和汇合期四个阶段。承袭期注重描绘物象的外在形态,风格冶艳;反正期开始赋予事物以生命和情感,朝着敦煌、盛中叟原创期咏物词的录城大道反正、回归;高涨期更多借物抒情,托物言志,并在时代因素的作用下,形成家国身世之恨的新主题;在汇合期,家国之恨已成为咏物词创作的社会心理基础,而且不同词派都注重谋篇布局、造语运典、仍律合韵之法,表明南宋后期雅化、诗化已成为词体创作的共同蕲向。  相似文献   

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