Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or developments.     

Mind the Gap: Attitudes about Miranda Warnings among Police Chiefs and Citizens

Research shows that the police subculture can be characterized by a distinct set of values and beliefs. Much of the police subculture research has focused on common characteristics and values found among a sample of police officers. Fewer studies have considered how the police, as a group, are similar to citizens. In this study, attention is given to similarities and differences in how the police and the public perceive the Miranda warnings. Attention is also given to whether type of neighborhood (low crime versus high crime) is related to attitudes about the Miranda warnings. Findings suggest that while the warnings are perceived in different ways there are similarities that could bridge the gap between the police and public. Implications are suggested.     

Perceptions of coercion in interrogation: comparing expert and lay opinions

ABSTRACT

When confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence.     

Beyond COVID-19: Five commentaries on reimagining governance for future crises and resilience

Several Canadian and international scholars offer commentaries on the implications of the COVID-19 pandemic for governments and public service institutions, and fruitful directions for public administration research and practice. This second suite of commentaries considers the challenges confronting governments as a result of the COVID-19 pandemic and in the decades to come with an increasingly broad lens: the need to understand and rethink the architecture of the state given recent and future challenges awaiting governments; the need to rethink government-civil society relations and policies to deliver services for increasingly diverse citizens and communities; the need for new repertoires and sensibilities on the part of governments for recognizing, anticipating, and engaging on governance risks despite imperfect expert knowledge and public skepticism; how the COVID-19 crisis has caused us to reconceive international and sub-national borders where new “borders” are being drawn; and the need to anticipate a steady stream of crises similar to the COVID-19 pandemic arising from climate change and related challenges, and develop new national and international governance strategies for fostering population and community resilience.