Police interviews with suspected child sex offenders: does use of empathy and question type influence the amount of investigation relevant information obtained?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.     

The impact of “empirical facts” on legal scholarship and legal research training

Lawyers have traditionally viewed law as a closed system, and doctrinal research has been the research methodology used most widely in the profession. This reflects traditional concepts of legal reasoning. There is a wealth of reliable and valid social science data available to lawyers and judges. Judges in fact often refer to general facts about the world, society, institutions and human behaviour (“empirical facts”). Legal education needs to prepare our students for this broader legal context. This paper examines how “empirical facts” are used in Australian and other common law courts. Specifically, the paper argues that there is a need for enhanced training in non-doctrinal research methodologies across the law school curriculum. This should encompass a broad introduction to social science methods, with more attention being paid to a cross-section of methodologies such as content analysis, comparative law and surveys that are best applied to law.     

Smart art: Whistler,British Columbia's brand transition to include arts and culture

The importance of city and destination branding is well studied. Cities and regions choose to pursue branding efforts for a variety of reasons. Some regions that choose to invest in branding are looking to reposition their brand to encompass arts and culture in order to stimulate economic growth. The Resort Municipality of Whistler, British Columbia, has employed this approach in an effort to grow year-round tourism and protect itself from a changing climate and business environment. Leveraging 2 of Hankinson's ( 2009 ) destination branding components, partnerships and communications, to the case study of Whistler, British Columbia, this paper explores its brand repositioning towards the arts and culture.     

The Effect of Post-ID Feedback on Retrospective Self-Reports in Showups

This study examined the effects of post-identification feedback on witness retrospective self-reports in showups and lineups, and importantly, focused on guilty and innocent suspect identifications. After viewing a mock crime video, participants were asked to identify the suspect from either a target-present or target-absent photo lineup or showup. Participants were randomly assigned to receive confirming feedback (“Great job, you made the correct decision”) or no feedback about their identification, before self-reporting confidence, view, attention, willingness to testify, and trust of a witness with a similar view. We replicated the typical finding that confirming feedback inflated witness self-reports and resulted in a larger proportion of witnesses meeting the credibility threshold necessary to testify. Importantly, we also found that showups had significantly higher self-reports than lineups, despite the equal discriminability achieved in this study between these two procedures. These data provide yet another reason for the police to restrict use of showups.     

Examining gender as moderating the association between psychopathy and substance abuse

Previous research has shown a significant association between psychopathy and substance abuse. To date, these associations have not been compared between men and women in forensic or correctional samples, an important topic in light of some empirical findings indicating that psychopathy manifests differently across gender in other contexts. The current study was designed to address this gap in the literature using archival data sets consisting of four large samples derived from forensic, correctional, and university settings, with different measures for psychopathy, alcohol, and substance use. As expected, psychopathy (particularly traits reflective of disinhibition/social deviance) was significantly and moderately correlated with alcohol and substance abuse in all four samples; however, with one minor exception, hierarchical regression analyses revealed no significant moderating effects of gender on these associations. These findings indicate that, although psychopathy may be manifested differently across gender in some ways, substance abuse is likely not one of them.     

F#ck Your Family!: The Visual Jurisprudence of Automobility

This paper considers the popular visual jurisprudence of bumper stickers. Drawing upon a sample sticker/driver/vehicle assemblages observed at the Gold Coast, Australia in 2014, we argue that the meanings and messages projected by the assemblages have a significant legal dimension. The argument is located at the intersection of past research into bumper stickers, increased scholarly interest in the relation of law to automobility and especially recent considerations of the popular visual jurisprudence of the motor vehicle, its cultures and semiotics. In particular we argue that the sticker/driver/vehicle assemblage represents an engagement with law and legality. We suggest this goes beyond immediate denotations of brands with intellectual property or flags and the sovereign nation state to more essential engagement with consumer capitalisms law of the image, the friend/enemy distinction, the ouroboros of rights and the essential legality of living in a polis.     

Beliefs about secondary confession evidence: a survey of laypeople and defense attorneys

We surveyed students, community members, and defense attorneys regarding beliefs about secondary confession evidence (i.e. when a third party tells authorities that a person has confessed to him or her) from jailhouse informants and other sources. Results indicated that laypeople perceive secondary confessions as less credible than other types of evidence (e.g. forensics, DNA, eyewitness testimony), and they are knowledgeable about factors that may influence the veracity of secondary confessions, such as incentives or previous testimony. However, they underestimated or were uncertain about how persuasive secondary confessions would be to themselves or other jurors. Compared to laypeople, defense attorneys were more sensitive about issues affecting the reliability of secondary confessions.     

Recovery of genomic DNA from archived PCR product mixes for subsequent multiplex amplification and typing of additional loci: forensic significance for older unsolved criminal cases

A method for genomic DNA recovery from different types of PCR product mixes suitable for multiplex amplification and typing using the Profiler Plus STR typing system has been investigated. The application of this method is of significance in cases where the original DNA samples have been exhausted due to repeated typing analyses in an effort to maximize their evidentiary value. Such cases typically involve samples analyzed using the available DNA typing systems of the time which gave a markedly lower power of discrimination, either alone or in combination, compared to that of modern multiplex STR typing systems. It was found that an effective method for recovering genomic DNA from HLA-DQA1 +PM and CTT triplex amplification mixes, suitable for reproducible achievement of the complete Profiler Plus profile, involved the use of Amicon Microcon-100 microconcentrators. Interestingly, this method was not required to achieve the complete nine STR profile using D1S80 amplification mixes.     

Adjudicating reasonable and necessary funded supports in the National Disability Insurance Scheme: A critical review of the values and priorities indicated in the decisions of the Administrative Appeals Tribunal

Beyond the initial euphoria of the National Disability Insurance Scheme (NDIS), tough choices will be needed for sustainability. Although the spirit of the NDIS is to deliver choice and control, the Australian government's objective is to ensure that rights and aspirations are proportionate to expectations of best practice, aptness of mainstream services and cost effectiveness. The position in this paper is that this test of ‘reasonable and necessary’ when determining funded supports, raises value dilemmas for government and citizens. The objective is to demonstrate this through a critical scrutiny of the reviews and decisions regarding reasonable and necessary funded supports of the Administrative Appeals Tribunal (AAT). In this paper, a synthesis and critique of 35 appeals to the AAT and one Federal Court Appeal are used to make explicit the decisional ambiguities and contestations in the scheme and the values and priorities that are currently dominant in the allocation of reasonable and necessary support. This in turn is used as a basis for a discussion about the operation of rights in the scheme and what counts as legitimate support. The benefit is for scheme transparency and fairness but also broader debate about core principles and values to inform decisions about scarce resources in society.