Elasticity in evaluations of criminal evidence: Exploring the role of cognitive dissonance

Purpose. Previous experiments have demonstrated asymmetrical scepticism in investigators' judgments of criminal evidence – evidence inconsistent (vs. consistent) with the dominant hypothesis about a case is judged as less reliable. In addition, some types of evidence (e.g., witness testimony) are more susceptible to asymmetrical scepticism than others (e.g., DNA evidence), indicating varying degrees of elasticity. This article proposes that inconsistent evidence arouses cognitive dissonance, and that the dissonance can be reduced through either asymmetrical scepticism (for high‐elasticity evidence) or belief change (for low‐elasticity evidence). The hypotheses are tested in two experiments. Methods. In both experiments, law students made a preliminary judgment about the guilt of a suspect in a homicide case, and subsequently received a piece of DNA or witness evidence which was either consistent or inconsistent with the preliminary judgment. The extent to which participants changed their guilt judgments, judged the additional evidence as reliable, and felt dissonance served as the main dependent variables. Results. Inconsistent (vs. consistent) evidence did arouse stronger dissonance, but only for witness (and not DNA) evidence. Experienced dissonance (Experiment 1) and dissonance reduction (Experiment 2) accounted for the effect of the evidence on changes in guilt judgments, but not for the effect on reliability judgments. The greatest dissonance reduction was observed among participants who received inconsistent witness evidence but did not change their guilt judgments accordingly. Conclusions. It appears that dissonance plays a significant, although complex, role in investigative judgments of guilt and reliability. Alternative dissonance‐reducing mechanisms that can account for the findings and practical implications are discussed.     

Eruption times of permanent teeth in male children and adolescents of Tehran (Iran)

The eruption times of permanent teeth and the sequence of tooth eruption were investigated in 952 individuals aged 4 to 24 years. Wisdom teeth were excluded from the evaluation. All individuals were inhabitants of Tehran, Iran. The results were compared to results of international studies on tooth eruption of the 20th century and studies published in recent years. The teeth emerged symmetrically in each jaw. However, teeth erupted earlier in the mandible than in the maxilla, excluding the earlier eruption of maxillary premolars. The sequence of emerging teeth in the maxilla is: first molar, central incisor, lateral incisor, first premolar, second premolar, canine, and second molar. The sequence of tooth eruption of the mandible differs from the maxillary sequence: first molar, central incisor, lateral incisor, canine, first premolar, second premolar, second molar. The sequence of all teeth is: lower first molar, lower central incisor, upper first molar, upper central incisor, lower lateral incisor, upper lateral incisor, upper first premolar, lower canine, lower first premolar, upper second premolar, upper canine, lower second premolar, lower second molar, and upper second molar. The results support current theories that the differences in tooth eruption times between humans of different ethnic origin are small.     

Keine Nichtigkeitssanktion bei Verstoß gegen die Verpflichtung zur Erstellung eines schriftlichen Heil- und Kostenplans gem § 18 Abs 3 ZÄG durch Zahnarzt

Aus dem Z?G folgt eindeutig, dass ein Versto? gegen die Verpflichtung zur Erstellung eines schriftlichen Heil- und Kostenplans mit einer Verwaltungsstrafe bedroht ist. Eine Nichtigkeitssanktion enth?lt das Gesetz dagegen nicht. Nun ist ein gegen ein gesetzliches Verbot versto?ender Vertrag nach § 879 Abs 1 ABGB nichtig, wenn diese Rechtsfolge entweder ausdrücklich angeordnet oder vom Verbotszweck erfordert wird. Ganz ungeachtet der Frage, ob eine positive Verhaltensvorschrift wie die des § 18 Abs 3 Z?G überhaupt als "Verbot" iSd Gesetzes verstanden werden kann, sind Rechtsgesch?fte im Allgemeinen gültig, wenn sich das Verbot nur an einen der beiden Vertragspartner richtet. Nach der Absicht des Gesetzgebers sollte § 18 Abs 3 Z?G die allgemeinen Regelungen des KSchG, insb betreffend Kostenvoranschl?ge, im Hinblick auf die berufsspezifischen Erfordernisse spezifizieren.     

Das Aufhebungs- und Rehabilitationsgesetz 2009

Das AufhG 2009 löst das AnerkG 2005 ab, über das in dieser Zeitschrift ebenso eingehend berichtet wurde wie über die vorangegangene Entwicklung. Nach einem kurzen Überblick über diese Vorgeschichte und die Gründe zur erneuten Gesetzgebung wird das politische Zustandekommen des neuen Gesetzes behandelt und dieses im Einzelnen dargestellt. Wenn auch die lang umstrittene Rehabilitierung der Wehrmachtsdeserteure vollkommen erreicht wurde, zeigen sich doch im Übrigen einige Mängel in der juristischen und rechtspolitischen Aufarbeitung der Materie, denen das Hauptaugenmerk gilt.     

Reduced payer's liability for unauthorized payment transactions under the second Payment Services Directive (PSD2)

In 2015, the European legislator enacted the second Payment Services Directive, which, among other things, determines the payer's liability for unauthorized payment transactions. This paper will show that PSD2 has widened its scope and further reduces the payer's liability for unauthorized transactions, for example by making it impossible to hold the payer liable in case no strong customer authentication has been applied, by requiring supporting evidence to prove the payer's fraud or gross negligence and by applying the same rules when unauthorized transactions are initiated through a payment initiation service.     

Disentangling governance: a synoptic view of regulation by government, business and civil society

Governance became a catch-all concept for various forms of steering by state and non-state actors. While it pays tribute to the complexities of steering in poly-centred, globalised societies, its fuzziness makes it difficult to oversee who actually steers whom and with what means. By focussing mainly on actor constellations, the article disentangles governance into seven basic types of regulation, four of them representing public policies with varying degrees of government involvement and three depending solely on civil society (civil regulation), on businesses (industry or business self-regulation) or on both (civil co-regulation). Although each of the seven types is well known and extensively researched, they are rarely joined in a synoptic view, making it difficult to grasp the totality of contemporary governance. After introducing the seven basic types of regulation and co-regulation, the article addresses the interactions between them and it adds the widely used concepts of hybrid regulation and meta-governance in distinct ways. The synoptic view provided here helps to comprehend how governmental deregulation has been accompanied by soft governmental regulation as well as “societal re-regulation”. The concluding discussion emphasises that this “regulatory reconfiguration” is the cumulative product of countless, more or less spontaneous initiatives that coincide with forceful global trends. It also stresses that the various forms of regulation by civil society and business actors are not simply alternatives or complements to but often key prerequisites for effective public policies. Although the essentials of the typology developed here can be applied universally to a variety of policy issues, I focus it on how businesses are steered towards sustainable development and Corporate Social Responsibility.     

Death after anal "fisting"

A 45-year-old homeless woman was found dead at her usual sleeping place. Apart from traces of blood on the lower abdomen of the body, the police investigations did not produce any clues pointing to an unnatural death. At autopsy, it was found, however, that death had been caused by extensive disruptions of the intestine. After being confronted with the results, the sexual partner of the victim admitted manual anal penetration, but claimed that this had been done by mutual agreement. The court did not accept that statement and sentenced him to life imprisonment for murder. The frequency of such fatal outcomes of anal penetration, the relationship between the perpetrator and the victim and the special features at the scene are discussed.     

The devil is in the details: How arbitration system design and training facilitate and inhibit repeat-player advantages in private and state-run arbitration hearings

This article demonstrates that arbitration system design and the training that arbitrators receive shape the extent to which repeat players gain advantages in arbitration hearings. While prior arbitration research does suggest that arbitrator training matters, this is the first article to show how it matters, as we observe actual arbitration hearings in private and state-run arbitration systems in two states. Our comparative analysis links three literatures interested in how seemingly interest-neutral institutions, like disputing forums, serve in practice to reinforce dominant norms, values, and hierarchies: (1) sociolegal studies of repeat-player advantages in disputing, (2) studies of occupational socialization in educational settings, and (3) neoinstitutional organizational sociology studies of how managerial values influence the way in which organizations construct law. We bridge these literatures by showing how arbitrator system design and the occupational socialization that arbitrators receive in private arbitration are primary mechanisms through which managerial values influence the arbitration process, ultimately providing a pathway for repeat-player advantages in hearings. Because our analysis compares two distinct arbitration systems, we identify variation in these processes and offer preliminary but tangible policy recommendations for the design and implementation of arbitration systems that best protect civil and consumer rights within arbitral forums that the Supreme Court continually upholds.