Trials of battered women who kill: the impact of alternative forms of expert evidence

The introduction of battered woman syndrome testimony in trials of battered women who have killed has stirred considerable debate within the psycholegal community. Much of the controversy stems from the testimony's focus on the woman's passivity, as well as its partrayal of a single profile of battered women. In light of these concerns, proposals to alter the content of the testimony (e.g., dropping the syndrome terminology, focus on battered women's social reality as opposed to their psychological state and reactions) have surfaced. In the present research both the woman's prior response history (passive, active) and the presence of expert testimony (battered woman syndrome, social agency, no expert control) were manipulated in a homicide trial involving a battered woman who had killed her abuser. Overall, participants, drawn from both a university (N=195) and a nonuniversity setting (N=202), rendered more lenient verdicts and provided more favorable evaluations of the defendant's claim of self defense in the presence of expert testimony (either form) compared to a no expert control. Further, these effects were more pronounced for the student than the nonstudent sample. Implications of these findings for the use of expert evidence pertaining to battered women are discussed.     

The return of the regulator: Kazakhstan’s cotton sector reforms since independence

What would a ‘good’ industrial policy in the realm of cotton production look like? This article seeks to address this question through a focus on reforms to the cotton sector in Kazakhstan. In contrast with neighbouring Uzbekistan and Turkmenistan, administrators in Kazakhstan had widely freed the cotton sector from government control as early as 1998. Agricultural collectives had been replaced by small private farms, and commercial cotton processors and traders entered the sector. However, in 2007, regulation tightened again and forced ginneries to use a complex warehouse receipt system without making sure that it was accepted by stakeholders and without appropriate institutions for implementing it in place. Moreover, it imposed financing restrictions on ginneries, which were major loan and input providers to farmers. In the following years, private producers and investors turned away from cotton, and cotton area and output fell substantially. We position our analysis in the broader debate about the right approach to industrial policy and argue that the cotton sector performance after 2007 shows how ill-designed regulation and government interference can turn a promising economic sector towards decline.     

The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

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CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

Jurors' Use of Hearsay Evidence: The Effects of Type and Timing of Instructions

To examine the effects of curative judicial instructions on jurors' perceptions of hearsay testimony, mock jurors (N = 180) were exposed to one of six versions of a trial that included proprosecution hearsay evidence accompanied by either disregard or limiting instructions, presented either immediately after the hearsay, at the end of the trial, or at both of these times. Also included were control conditions in which (1) the information was presented as nonhearsay (first-hand), (2) no hearsay was presented, or (3) the hearsay was presented without instructions. Results indicated that neither the hearsay nor the instructions, regardless of their form or timing, affected verdicts. In fact, findings revealed that participants may have disregarded the hearsay regardless of instructions heard. There was some evidence to suggest, however, that evaluations of other admissible evidence presented by the hearsay witness were negatively affected.     

Genetic analysis of suicide: a sample study in Tuscany (Central Italy)

Many studies have examined the genetic contribution to suicide. However, data on suicide in the Italian population are scarce. We therefore aimed to address this gap by investigating a cohort of 111 Italians for whom a verdict of suicide had been declared in court in Florence, Italy between 2007 and 2017. This cohort included 86 men and 25 women. DNA samples were obtained from tissues or blood, and 22 genes from multiple neurobiological pathways previously shown to be associated with the pathogenesis of suicide were analysed. Next-generation sequencing was used to compare these gene sequences with those from a large, normal population. In this study, we identified 19 gene variants that were present at significantly lower frequencies in our Italian cohort than in the general population. In addition, four missense mutations were identified in four different genes: Monoamine Oxidase A (MAOA), 5-Hydroxytryptamine Receptor 2 A (HTR2A), Sodium Voltage-Gated Channel Alpha Subunit 8 (SCN8A), and Nitric Oxide Synthase 3 (NOS3). Our study identified several potential genetic links with suicide in a cohort of Italians and supports a relationship between specific genetic variants and suicidal behaviour in this population.     

Battered woman syndrome evidence in the courtroom

The use of battered woman syndrome evidence has been advocated in trials of battered women who assault or kill their abusers. The present article reviews existing legal and psychological literature addressing the use of this form of expert testimony. As the review will indicate, there are, at present, substantial gaps in our knowledge about its scientific status and its impact on legal proceedings. The goal of the article is to highlight some of the central concerns surrounding the use of bettered woman syndrome evidence and to encourage additional research on the subject.Thanks are extended to R. Lalonde for comments on earlier versions of this paper.