Intellectual property and white-collar crime: report of issues,trends, and problems for future research

This research examines the association between intellectual property (IP) and whitecollar crime (WCC), and identifies future research that might benefit policymakers; federal, state, and local agencies; and the general public. Research methods include a review of literature, a review of information and data in IPR violations and WCC, and inquiry in areas that directly deal with IP laws and enforcement practices, such as law enforcement agencies, IP-based industries and private law firms.     

The measurement and influence of child sexual abuse supportive beliefs

Abstract

The identification of offence-related cognition is a major target of most cognitive–behavioural treatment programmes for sexual offenders, and a number of measures are available for this purpose. This study assessed the psychometric properties of a brief measure of beliefs that support and justify child sexual abuse: the Sex With Children (SWCH) scale. Factor analysis revealed two distinct types of belief: that sex with children is harmless, and that children actively provoke adults into having sex with them. The SWCH was also found to have good internal consistency, test–retest reliability and concurrent validity. Child molesters scored significantly more highly on the SWCH than did rapists or non-offenders, and high-risk child molesters reported more entrenched offence-supportive beliefs than lower risk child molesters. A relationship was also observed between general offence-supportive beliefs as measured by SWCH and offence-specific cognitions ascribing responsibility or enjoyment to the offender's victim. The SWCH subscales appeared to closely match two of the implicit theories hypothesized by Ward and Keenan (1999 Ward, T. and Keenan, T. 1999. Child molesters’ implicit theories. Journal of Interpersonal Violence, 14: 821–838. [Crossref], [Web of Science ®] , [Google Scholar]) to be related to child molestation. Sex offender treatment providers need to be aware of the relationship between underlying implicit theories and offence-specific distorted cognitions about the victim's experience.     

Enforcing Morality

In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most interesting form the debate can take. An older form of the debate appealed to natural law or critical morality. It centered on the question of whether political authorities could properly use the criminal law to enforce critical morality, including prohibitions on conduct that was not harmful or disrespectful to others. This paper engages with this older form of the debate. It offers some reasons for thinking that there is a presumption in favor of the view that it is a proper function of the criminal law to enforce critical morality, including that part of critical morality that is not directly concerned with preventing harm or disrespect to others. It then defends this presumption against some arguments recently pressed by Ronald Dworkin.     

Family relationships in comic postcards 1900–1930

This paper discusses how comic postcards circulating in Europe and North America between 1900 and 1930 featured various aspects of family life. A range of situations were considered amusing involving babies, children, parents, mothers-in-law, servants and the elderly. The four situations that were pictured most frequently were flirtations, fertility, the struggle between husband and wife for dominance in the household, and courtship. The presence of widely shared attitudes to family life within the western world is suggested by the fact that the same sort of humour featured in cards sent and received in different European countries and in North America. On the other hand, the text on the back of the cards indicates that some writers had ignored or misunderstood the humour represented on the front of the card, whereas others had chosen their cards with care.     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)     

Deception Traits in Psychological Interviewing

Deception researchers have attempted to improve people’s ability to detect deceit by teaching them which cues to pay attention to. Such training only yields limited success because, we argue, the nonverbal and verbal cues that liars spontaneously display are faint and unreliable. In recent years, the emphasis has radically changed and the current focus is on developing interview techniques that elicit and enhance cues to deception. We give an overview of this innovative research. We also consider to what extent current deception research can be used to fight terrorism. We argue that researchers should pay particular attention to settings that are neglected so far but relevant for terrorism, such as (i) lying about intentions, (ii) examining people when they are secretly observed and (iii) interviewing suspects together. We will commence this paper with general information that puts our reasoning into context. That is, we turn briefly to physiological and neurological lie detection methods that are often discussed in the media, then to the theoretical underpinnings of nonverbal and verbal cues to deceit, and the research methods typically used in nonverbal and verbal lie detection research.     

Biparietal Thinning: Accidental Death by a Fall from Standing Height

Biparietal thinning resulting in bilateral and symmetrical resorption and loss of thickness of the parietal bones is an uncommon to rare condition in the anthropological and clinical literature. This enigmatic condition of unknown etiology was first reported in the 18th century and has been variously described as a nonmetric trait, anatomical variant, anomaly, and pathology. Biparietal thinning presents grossly and radiographically as oval‐shaped depressions in 0.25–0.8% and 0.4–0.5% of individuals and with a higher frequency in females over the age of 60 years. A review of the literature revealed only one example of cranial trauma associated with biparietal thinning and none of fatal trauma associated with this condition. This case reports a rare example of fatal trauma in an elderly man that resulted from a backward fall from a standing height and highlights the increased risk of craniocerebral trauma in individuals with this condition.     

Cues to Deception and Ability to Detect Lies as a Function of Police Interview Styles

In Experiment 1, we examined whether three interview styles used by the police, accusatory, information-gathering and behaviour analysis, reveal verbal cues to deceit, measured with the Criteria-Based Content Analysis (CBCA) and Reality Monitoring (RM) methods. A total of 120 mock suspects told the truth or lied about a staged event and were interviewed by a police officer employing one of these three interview styles. The results showed that accusatory interviews, which typically result in suspects making short denials, contained the fewest verbal cues to deceit. Moreover, RM distinguished between truth tellers and liars better than CBCA. Finally, manual RM coding resulted in more verbal cues to deception than automatic coding of the RM criteria utilising the Linguistic Inquiry and Word Count (LIWC) software programme.In Experiment 2, we examined the effects of the three police interview styles on the ability to detect deception. Sixty-eight police officers watched some of the videotaped interviews of Experiment 1 and made veracity and confidence judgements. Accuracy scores did not differ between the three interview styles; however, watching accusatory interviews resulted in more false accusations (accusing truth tellers of lying) than watching information-gathering interviews. Furthermore, only in accusatory interviews, judgements of mendacity were associated with higher confidence. We discuss the possible danger of conducting accusatory interviews.