Legal obligation as a duty of deference

An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they owe deference to state norms. However, if the duty of deference stemmed from people’s decision to regard the law as valuable as Soper argues, then people who do not admit the value of the state would have no duty as such to defer to its norms. And, more importantly, people who admit the value of the state would have a duty not to defer to particular norms, namely those norms which violate the values that ground their preference for a state. This critique of Soper operates within his parameters by accepting his claim that moral consistency generates reasons to act. Even on those terms, Soper’s defence of legal obligation as a duty of deference is unpersuasive. I wish to thank John Tasioulas, Joseph Raz, Bill Edmundson, Adam Cureton, the editors and referees of Law and Philosophy, and the participants of the Society for Applied Philosophy 25th anniversary conference, July 2005, St Anne’s College, Oxford.     

The association between investigative interviewers' knowledge of question type and adherence to best‐practice interviewing

It is well established that not all investigative interviewers adhere to ‘best‐practice’ interview guidelines (i.e., the use of open‐ended questions) when interviewing child witnesses about abuse. However, little research has examined the sub skills associated with open question usage. In this article, we examined the association between investigative interviewers' ability to identify various types of questions and adherence to open‐ended questions in a standardized mock interview. Study 1 , incorporating 27 trainee police interviewers, revealed positive associations between open‐ended question usage and two tasks; a recognition task where trainees used a structured protocol to guide their response and a recall task where they generated examples of open‐ended questions from memory. In Study 2 , incorporating a more heterogeneous sample of 40 professionals and a different training format and range of tests, positive relationships between interviewers' identification of questions and adherence to best‐practice interviewing was consistently revealed. A measure of interviewer knowledge about what constitutes best‐practice investigative (as opposed to knowledge of question types) showed no association with interviewer performance. The implications of these findings for interviewer training programs are discussed.     

Former Canadian Federal Prisoners’ views of wrongful conviction: experiences,interpretations, and governmentality

Crime, Law and Social Change - Wrongful convictions continue to occur, with over 350 post-conviction DNA exonerations in the United States, and a collection of over 2500 known cases of presumed...     

Postmortem hydroxychloroquine concentrations in nontoxic cases

Hydroxychloroquine (HCQ) is a 4-aminoquinoline compound used to treat malaria and chronic autoimmune disorders and is not uncommonly found in the medical examiner setting. Studies have shown HCQ to have a long half-life (32-56 days in blood), high volume of distribution (580-815 L/kg), and therapeutic concentrations ranging from 0.03 to 15 mg/L, depending on the chronicity of treatment. Previous reports have shown that the toxic concentration of HCQ ranges from 3 to 26 mg/L, whereas the lethal concentration ranges from 20 to 104 mg/L. A report addressing nontoxic postmortem concentrations of HCQ in individuals known to be taking the medication, and in whom there is no evidence of toxicity, has not been previously undertaken. This study found that postmortem concentrations in nontoxic cases can range from 0.3 to 39 mg/L, which is well within the reported range of both lethal and toxic concentrations. It is recommended that all investigative and autopsy data be considered and that the cause of death not be certified based purely on blood HCQ concentrations.     

PERSONS WITH DISABILITIES AND THEIR SEXUAL,REPRODUCTIVE, AND PARENTING RIGHTS: AN INTERNATIONAL AND COMPARATIVE ANALYSIS

Despite important gains in human rights, persons with disabilities — and in particular women and girls with disabilities — continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.     

Police perceptions of ADHD in youth interviewees

Attention-deficit hyperactivity disorder (ADHD) in witness-victim/suspect interviews holds strong relevance for policing. Four purpose-written vignettes were used to test the extent to which ADHD interviewee behaviour impacts on the work of 46 experienced Australian detectives and their ability to identify ADHD as a likely diagnosis. Detectives reported frequently encountering ADHD-type interviewees in their work; perceiving such interviewees to be at a very significant risk of future contact with the criminal justice system; and perceiving ADHD-type behaviour to exert a highly significant impact on interviewing time efficiency as well as quality. Detectives gave highly significant ratings of ADHD as a likely explanation of vignettes describing ADHD-type behaviour for witness-victims as well as suspects. However, they could not identify ADHD as the most likely explanation over and above other possibilities. Implications are discussed in terms of a rationale for future research targeting police awareness and training needs in ADHD.     

Differential effects of general versus cued invitations on children’s reports of a repeated event episode

The ability to describe individual episodes of repeated events (such as ongoing abuse) can enhance children’s testimony and assist the progression of their cases through the legal system. Open-ended prompts have been advocated as a means to assist children in accurately retrieving information about individual episodes. In the current study, two subtypes of open-ended prompts (cued and general invitations) were compared for their effects on five- to nine-year-olds’ (n?=?203) reports about individual episodes of a repeated event. Interviews occurred 1–2 weeks after the last of 4 event sessions. Cued invitations assisted children to provide specific details about individual episodes of a repeated event, while general invitations were useful to elicit more broad happenings of the episodes. The accuracy of responses to general invitations was similar for children of all ages up to one week after the event, but at a longer interview delay younger children were less accurate than older children. There were no differences in the accuracy of responses to cued invitations as a function of age or interview delay. Results suggest that interviewers tasked with eliciting accounts of individual episodes from a repeated event, such as ongoing abuse, should consider the differential efficacy of each prompt-type on children’s reports.